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[2010] ZANCT 4
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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:
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;
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