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Smida v ABSA Bank Ltd and Others (NCT/ 256/2009/138 (1)(P)) [2010] ZANCT 4 (14 January 2010)

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SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy


IN THE NATIONAL CONSUMER TRIBUNAL

HELD IN CENTURION



Case Number: NCT/ 256/2009/138 (1)(P)

Date:14/01/2010


In the matter between:


JANOS BELA SMIDA.........................................................................Applicant/Consumer
ID:

and

ABSA BANK LIMITED......................................................................1st Respondent/Credit Provider

STANDARD BANK LIMITED...........................................................2nd Respondent/Credit Provider

SANLAM PERSONAL LOANS (PTY) LTD....................................3rd Respondent/Credit Provider


CONSENT ORDER

The Tribunal having read the papers filed of record and heard the Debt Counsellor;

The Tribunal, being satisfied that the Applicant and the Respondents are parties to a debt re-arrangement facilitated by a Debt Counsellor under section 86(7)(b) read together with section 138(1) of the National Credit Act, Act 34 of 2005 ;(the Act).


The Tribunal hereby orders that:

1. The draft consent order formulated as the order of the Tribunal attached
hereto and marked Annexure "A" is confirmed;

2. The parties are warned that failure to comply with the order of the Tribunal
constitutes an offence in terms of section 160(1) of the Act.


Dated and signed at Centurion on this 14 day of January 2010



PROF TANYA WOKER


PRESIDING MEMBER

IN THE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION


CASE NO.

In the matter between:

Janos Bela Smida................................................................................................Applicant/Consumer

Identity number:


and

Absa Bank Limited.............................................................................1st Respondent/Credit Provider

Standard Bank of SA Limited...........................................................2nd Respondent/Credit Provider

Sanlam Personal Loans (Pty) Ltd …..............................................3rd Respondent/Credit Provider




DRAFT CONSENT ORDER IN TERMS OF SECTION 86(8) READ TOGETHER
WITH SECTION 138 OF THE NATIONAL CREDIT ACT 34 OF 2005


WHEREAS:


a. The consumer applied for debt review in terms of the National Credit Act 34 of 2005;


b. The, debt counsellor found that the consumer is experiencing difficulty satisfying all obligations under the credit agreements in a timely manner;


c. The debt counsellor recommended a restructuring of the payment installments to all the
credit providers, as per the agreement which is attached hereto marked: "Annexure B";


d. All the respective credit providers and the consumer/applicant consented to this agreement,
which consents are hereto attached marked "Annexure C"


NOW THEREFORE:


The Tribunal, being satisfied that the Applicant and Respondent are parties to a debt rearrangement facilitated by a debt counsellor under section 86(7) of the National Credit Act, hereby orders, by consent of the parties:

  1. That the payment structures of the agreement between the Applicant and the respondents as set out in Annexure "B", be made an order of the National Consumer Tribunal;

  2. Which agreement restructures the payment installment by extending the paymentperiod as indicated in Annexure "B"


Creditor

Reference

Annual Interest

New Monthly Installment

Balance

Estimated Period in Months

ABSA Bank Limited

3024652870

5471196294824 011

73865480

7.00% 14.00%

14.00%

R277.63 R125.20

R563.29

R25 496.73 R2 787.52

R33 283.44

57 months 26 months

53 months

Standard Bank of SA Ltd

5120550200818167

14.00%

RS78.12

R8 761:63

20 months

Sanlam Persona! Loans (Pty) Ltd

BAU12040B

0.00%

R115.14

R4 497.18

33 months



DATED at Centurion this the day of 2009



REGISTRAR OF-THE NATIONAL CONSUMER TRIBUNAL Applicant/Consumer

Debt Counsellor on behalf of the Consumer


Dated at 16 on this day of 16 October 2009



Applicant/Consumer TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION



1. ABSA Bank Limited

( Consumer Friends)

3. The Crescent, Westway Office Park

Westville

4000


2. Standard Bank of SA Ltd

Standard Bank Centre, 16th Floor,

45 Commissioner Street

Johannesburg,

2000



3. Sanlam Personal Loans (Pty) Ltd

DA Campus

De Waal Weg 108

Dieprivier

7800