South Africa: National Consumer Tribunal

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[2010] ZANCT 43
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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