South Africa: National Consumer Tribunal

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[2010] ZANCT 47
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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:
The draft consent order formulated as the order of the Tribunal attached hereto and marked Annexure "A" is confirmed;
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 16th
Road Marketing
(Pty) Ltd
Midrand Unit 7, Skyway Business Park
1685 Car Swart&Frede Road