South Africa: National Consumer Tribunal Support SAFLII

You are here:  SAFLII >> Databases >> South Africa: National Consumer Tribunal >> 2010 >> [2010] ZANCT 9

| Noteup | LawCite

Tsunke v ABSA Bank Ltd and Others (NCT/ 274/2009/138 (1)(P)) [2010] ZANCT 9 (21 January 2010)

Download original files

PDF format

RTF format



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/ 274/2009/138 (1)(P)

DATE:21/01/2010


In the matter between:


MATLOANE MAURICE MESHACK TSUNKE.....................................Applicant/Consumer
ID:

and

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

IEMAS..............................................................................2nd Respondent/Credit Provider

TRUWORTHS LIMITED....................................................3rd Respondent/Credit Provider

WOOLWORTHS...............................................................4th 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 21 day of January 2010





MR. XOLELA MAY

PRESIDING MEMBER







IN THE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION


Case No:


In the matter between:

MATLOANE MAURICE MESHACK TSUNKE......................CONSUMER/1st APPLICANT

Identity number:

And

ABSA BANK LIMITED............................................1st RESPONDENT/CREDIT PROVIDER

IEMAS......................................................................2nd RESPONDENT/CREDIT PROVIDER

TRUWORTHS LIMITED..........................................3rd RESPONDENT/CREDIT PROVIDER

WOOLWORTHS.......................................................4th 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 creditproviders, 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"


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

ABSA BANK LIMITED

4038220027699018

14.00%

R1.21

Rl 223.13

63

IEMAS

4006836-14 (VEHICLE)

15.00%

R650.00

R38 252.98

53

TRUWORTHS

10100170065878

10.00%

R162.97

Rl 561.06

12

WOOLWORTHS

4164540081202011

10.00%

R5.52

R15 858.98

71

WOOLWORTHS

6007850124846724

10.00%

R173.46

R3 938.10

24



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 REGISTRAR OF THE TRIBUNAL CENTURION


1. ABSA BANK LIMITED

8th MARBLE TOWERS CNR JEPPE & VON WIELLIGH STREET

JOHANNESBURG

2000


2. IEMAS

PRIVATE BAG X 924

PRTORIA

0001


3. TRU WORTHS

1 MOSTERT STREET

CAPE TOWN

8000


4. WOOLWORTHS

93 LONG MARKET STREET

CAPE TOWN

8000