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Moeti v African Bank Ltd and Others (NCT/ 267/2009/138 (1)(P)) [2010] ZANCT 8 (21 January 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/ 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).


  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 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:

  1. 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;

  2. 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