South Africa: National Consumer Tribunal

You are here:
SAFLII >>
Databases >>
South Africa: National Consumer Tribunal >>
2010 >>
[2010] ZANCT 8
| Noteup
| LawCite
Moeti v African Bank Ltd and Others (NCT/ 267/2009/138 (1)(P)) [2010] ZANCT 8 (21 January 2010)
Download original files |
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/ 267/2009/138 (1)(P)
DATE:21/01/2010
In the matter between:
MACHOENE MICHAEL MOETI ............................................................................Applicant/Consumer
ID:
and
AFRICAN BANK LIMITED ..................................................................1st Respondent/Credit Provider
NEDBANK LIMITED ..........................................................................2nd Respondent/Credit Provider
RUSSELS a division of JD GROUP (PTY) LTD................................. 3rd Respondent/Credit Provider
CONSENT ORDER
The Tribunal having read the papers filed of record and heard the Debt Counsellor;
The Tribunal hereby orders that:
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 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 Tribunal constitutes an offence in terms of section 160(1) of the Act.
Dated and-signed at Centurion on this 21 day of January 2010
MR. XOLELA MAY
PRESIDING MEMBER
IN THE NATIONAL CONSUMER
TRIBUNAL
HELD AT CENTURION
Case No:
In the matter between:
MOETI, MACHOENE MICHAEL........................................................CONSUMER/1st APPLICANT
Identity number:
And
AFRICAN BANK LIMITED...................................................1st RESPONDENT/CREDIT PROVIDER
NEDBANK LIMITED...........................................................2ND RESPONDENT/CREDIT PROVIDER
RUSSELS a division of JD GROUP (PTY) LTD ….......3RD 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
WHEREAS:
a. The
consumer applied for debt review in terms of the National Credit Act
43 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, as per 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"
A 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 National Credit Act, hereby orders, by consent of the parties:
That the payment structures of the agreement between the Applicant and the Respondents as set out in Annexure "B", be made an order of the National Consumer Tribunal;
Which agreement restructures the payment instalment by extending the payment period as indicated in Annexure "C"
Creditor |
Reference |
Annual Interest |
New Monthly instalment |
Balance |
Estimated Period in Months |
AFRICAN BANK LIMITED |
6652189002 |
13.55% |
R203.34 |
R13 302.00 |
55 |
AFRICAN BANK LIMITED |
665219003 |
14.80% |
R119.21 |
R7 435.42 |
54 |
AFRICAN BANK LIMITED |
6652189004 |
15.50% |
R172.76 |
R370.10 |
7 |
AFRICAN BANK LIMITED |
74002968061 |
15.70% |
R41.00 |
R2 470.60 |
54 |
NEDBANK LIMITED |
5898460720919257 |
26.90% |
R128.91 |
R470.69 |
8 |
NEDBANK LIMITED ^ |
8157651930801 |
15.00% |
R259.26 |
R15 798.04 |
54 |
RUSSELS a division of JD GROUP (PTY) LTD |
7504035347081 |
15.50% |
R215.52 |
R6 000.00 |
30 |
DATED at Centurion this the day of 2009
REGISTRAR OF THE NATIONAL CONSUMER TRIBUNAL
Applicant/Consumer
Debt Counsellor on behalf of the Consumer TO:
THE REGISTRAT OF THE TRIBUNAL CENTURION
1. AFRICAN BANK LIMITED
PRIVATE BAG X170
MIDRAND
1685
2. NEDBANK LIMITED PO BOX 1144 JOHANNESBURG 2000
3. RUSSELS a division of JD GROUP (PTY) LTD PO BOX 2865
RANDBURG
2125