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[2013] ZANCT 31
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Fourie and Another v Nedbank Ltd (NCT/8255/2013/165(1)P) [2013] ZANCT 31 (7 October 2013)
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IN THE NATIONAL CONSUMER TRIBUNAL
HELD IN CENTURION
Case Number: NCT/8255/2013/165(1)P
DATE:07/10/2013
In the matter between:
LOUIS LEONARD FOURIE.........................................FIRST APPLICANT
MELANIE ANN FOURIE ….........................................SECOND APPLICANT
and
NEDBANK LIMITED....................................................RESPONDENT
Coram:
Ms D. Terblanche – Presiding member
Adv. J. Simpson – Member
Ms H Devraj – Member
Date of hearing – 27 September 2013
JUDGEMENT AND REASONS
APPLICANTS
1. The First Applicant is Louis Leonard Fourie, a major male, residing in Centurion (hereinafter referred to as the “First Applicant”).
2. The Second Applicant is Melanie Ann Fourie, a major female, residing in Centurion (hereinafter referred to as the “Second Applicant”).
RESPONDENT
3. The Respondent is Nedbank Limited, a registered credit provider with the National Credit Regulator (hereinafter referred to as “the Respondent”).
BACKGROUND
4. During October 2011 the Applicants lodged an application (through registered debt counsellor Andre Carlse1) with the Tribunal in terms of Section 86(8) of the Act to have a debt re-arrangement agreement confirmed as an order of the Tribunal.
5. The debt re-arrangement agreement was confirmed as an order of the Tribunal on 12 March 2012 as per case number NCT/3332/2011/138(1)P.
6. During March 2013 the Applicants lodged an application with the Tribunal in terms of Section 165(1) of the Act to have the order granted on 12 March 2012 rescinded.
7. The basis of the Application is that the Applicants had settled all the debts owing to the credit providers listed on the debt re-arrangement except for the Nedbank home loan. The Applicants essentially want to be “released” from debt review and be able to resume normal payments on their Nedbank home loan.
8. On the date of the hearing there was no appearance by the Applicants or the Respondent.
DISMISSAL OF APPLICATION
9. As stated above there was no appearance by either of the Applicants or any representative on the date of the hearing.
10. Rule 24 of the National Consumer Tribunal Regulations states the following:
“Non appearance
24. (1) If a party to a matter fails to attend or be represented at any hearing or any proceedings,
and that party-
(a) is the applicant, the presiding member may dismiss the matter by issuing a
written ruling; or
(b) is not the applicant, the presiding member may-
(i) continue with the proceedings in the absence of that party; or
(ii) adjourn the hearing to a later date
(2) The Presiding member must be satisfied that the party had been properly notified of the
date, time and venue of the proceedings, before making any decision in terms of subrule (1)
(3) Is a matter is dismissed, the Registrar must send a copy of the ruling to the parties.”
11. The notice of set down was sent to all the parties by the Registrar’s office via e-mail on 11 September 2013.
12. At the time the matter was called by the Tribunal panel, there was no appearance by any of the parties.
13. The Presiding member of the Tribunal was satisfied that the parties were properly notified of the date, time and venue for the proceedings.
14. The application was then formally dismissed by the Tribunal on record.
ORDER
Accordingly, the Tribunal confirms the following order made at the hearing:
15. The application lodged in terms of Section 165 of the Act is hereby dismissed.
DATED ON THIS 7th DAY OF OCTOBER 2013
[signed]
Adv J Simpson
Member
Ms D Terblanche (Presiding member) and Ms H Devraj concurring
1 Registration number of the debt counsellor, with the National Credit Regulator, is NCRDC 1461