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Mphuti v Absa Bank Ltd and Another (NCTV 492/2010/138 (1)(P)) [2010] ZANCT 45 (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: NCTV 492/2010/138 (1)(P)

DATE:21/04/2010


In the matter between:


BETHUEL MPHUTI....................................................................1st Applicant/Consumer

ID:

and

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

CATRACK.....................................................................2nd 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:


CLIENT NAME : BETHUEL MPHUTHI
IDENTITY NUMBER :


AND


ABSA BAN K LIMITED.................................1ST RESPONDENT/ CREDIT PROVIDER

CARTRACK...................................................2nd 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


Creditor

Reference

Annual interest Rate %

New

Monthly

Installment

Outstanding Balance

Estimated Period in Months

ABSA LIMITED

5471196164230026 69452073

27

17.50

R179.77 R1388.61

R2052.23 R49757.55

16 MONTHS 47 MONTHS

CARTRACK

MPHU00003O

2.00

R100.00

R2323.53

25 MONTHS



DATE at Centurion on this the day of 2010



DATE at Johannesburg this the 15 day of February 2010


Applicant/ Consumer


TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION

1. ABSA BANK LIMITED -

(CONSUMER FRIEND) .

WESTWAY OFFICE PARK

WESTVILLE

DURBAN

4000


2. CARTRACK

CNR JAN SMUTS AND 7th AVENUE

JOHANNESBURG

P.O BOX 4709

RIVONIA

2128