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Davids v African Bank Ltd (NCT/445/2010/138 (1)(P)) [2010] ZANCT 43 (21 April 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/445/2010/138 (1)(P)

DATE:21/04/2010


In the matter between:


BRAAM DAVIDS..............................................................................Applicant/Consumer

ID:...

and

AFRICAN BANK LIMITED...................................................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 21st day of April 2010




PROF TANYA WOKER

PRESIDING MEMBER






IN THE NATIONAL CONSUMER TRIBUNAL

HELD AT CENTURION


CASE NO.


In the matter between:

Braam Davids...................................................................................Applicant/Consumer
and

African Bank Limited............................................................Respondent/Credit Provider




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 instalments to all the credit providers, in an agreement which is attached as per Annexure "B";


d. All the respective credit providers and the consumer/applicant consented to this agreement, which Consents are hereto attached, 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", and summarised hereunder, be made an order of the National Consumer Tribunal;



Creditor

Reference

New

Annual

Interest

New

Monthly

Instalment

Balance as at

Estimated Period of Repayment

AFRICAN BANK

4082408003

12.50

290.73

30/09/09

14 357.77

60

AFRICAN BANK

40.82048005 _

16.29

263.27

30/09/09

11 932.79

60

AFRICAN BANK

4062408006

16.29

50.10

30/09/09

2 278.71

60

AFRICAN BANK

4082048007

16.29

28.4B

30/09/09

1 393.80

60




2 Which agreement restructures the payment instalment by extending the payment period as indicated above and in Annexure "B"

3. Which agreement restructures the interest payabie as indicated in the summary above and Annexure "B"


DATED at Centurion this the .. day of January 2010


REGISTRAR OF THE NATIONAL CONSUMER TRIBUNAL

Applicant/Consumer



TO:

THE REGISTRAR OF THE TRIBUNAL-CENTURION


And To:

1. African Bank Ltd

59,16th Road

Midrand

Johannesburg