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Xesi and Another v African Bank Ltd and Others (NCT/ 449/2010/138 (1)(P)) [2010] ZANCT 47 (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/ 449/2010/138 (1)(P)

DATE:21/04/2010


In the matter between:


MZWAKHE XESI........................................................................1st Applicant/Consumer

ID:

ANDISWA XESI........................................................................2nd Applicant/Consumer

ID:

and

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

CONSUMER FRIEND...................................................2nd Respondent/Credit Provider
(Truworths Woolworths Account)

LE MORGAN DIRECT MARKETING (PTY) LTD.........3rd Respondent/Credit Provider

NEDBANK LIMITED......................................................4th Respondent/Credit Provider

SANLAM PERSONAL LOANS (PTY) LTD....................5th 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 Tribuna 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



INTHE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION


CASE NO,


In the matter between:

Mzwakhe Xesi.............................................................................1st Applicant/Consumer

Identity number:

And

Andiswa Xesi............................................................................2nd Applicant/Consumer

Identity number:

AND


AFRICAN HANK LIMITED …..........................................1st Respondent/Credit Provider

CONSUMER FRIEND....................................................2nd Respondent/Credit Provider

(Tniworths &. Woohvarrhs Accounts)

LE MORGAN DIRECT...................................................3rd Respondent/Credit Provider

MARKETING (PTY) LTD

NEDBANK LIMITED......................................................4th Respondent/Credit Provider

SANLAM PERSONAL LOANS.......................................5th Respondent/Credit Provider

(PTY) LTD



DRAFT CONSENT ORDER IN TERMS OF SECTION 86(8) READ
TOGETHER WITH SECTION 138 OF THE NATIONAL CREDIT ACT 34 OF2005


WHEREAS:

a. The consumer applied for debt review in terms of the National Credit Act 34 of2005;


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


c. The debt counsellor recommended a restructuring of the payment instalments to all the credit providers, as pet 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 o?the National Consumer Tribunal;

. 2. ..Which agreement restructures the payment installment by extending the payment period as indicated" in Annexure UB"


.Creditor-

Reference

Annual Interest

New Monthly Installment

Balance

Estimated -Period in







Month*

African Bank Limited

75002233230

15.50%

R166.46

R7 341.07

50 months

Consumer Friend

Truworths Act 10100509918972

50.00%

R.80.00

R2 804.01

50 months


Woolworths Acc 6007850184303053

20.00%

R80.00

R2 643,22

49 months

Le Morgan Direct

Marketing (Ply) Ltd

41868

16.00%

R100.0Q

R3 440.27

47 months

Nedbank Limited

8000499032301

U.00%

R350.00

R14 488.68

49 months


1511103000

11.00%

R89.18

Rl 070.12

18 months

Sanlam Personal Loans {Pty) Ltd

BAU98473K

0.00%

R350.00

R14 473.47

42 months


DATED at Centurion this the day of 2010


REGISTRAR OF THE NATIONAL CONSUMER TRIBUNAL


Applicant/Consumer

Debt Counsellor on behalf of the Consumer



Dated at . ... on this 3rd day of February 2010



1st Applicant/Consumer 2nd Applicant/Consumer
TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION


I. African Bank Limited 2, Le Morgan Direct
59 16
th Road Marketing (Pty) Ltd

Midrand Unit 7, Skyway Business Park

1685 Car Swart&Frede Road