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Wiesie and Another v Wesbank and Others (NCT/19119/2014/138(1)(P)) [2015] ZANCT 20 (31 August 2015)

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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

ANNEXURE A

IN THE NATIONAL CONSUMER TRIBUNAL

HELD AT CENTURIO

Case number: NCT/19119/2014/138(1) (P)

In the matter between:

TOMMIE WIESIE

1st Applicant / Consumer

ID: [.......]

 

AND

 

ANNA WIESIE                                                                                                                                                                                                                                                                                        

ID : [.......]

 

 

 

 

 

 

2nd Applicant / Consumer

And

WESBANK

FIRST NATIONAL BANK

CAPFIN (PTY) LTD

MDD

 

1st Credit Provider

2nd Credit Provider

3rd Credit Provider

4th Credit Provider



CONSENT ORDER

An order granting the debt re-arrangement was made an order of the Tribunal and issued on 27 January 2015. An application was lodged on 13 February 2015 to vary the order granted on 27 January 2015 and upheld on 31 August 2015.

Accordingly, the Tribunal, having read the papers filed of record and being satisfied that the Applicant(s) and The Respondent(s) are parties to a debt re-arrangement facilitated by a debt counsellor under section 86(7)(b) read with section 138(1) of The National Credit Act, Act 34 of 2005 (the Act), hereby makes the following order:

The payment structure between the consumer(s) and the credit provider(s) is confirmed as an order of the Tribunal in terms of section 150 of the Act.

 

Creditor

Account

reference

Annual interest rate

Monthly instalment

Balance

Estimated repayment term in months

Monthly fee

Wesbank

85184670096

9.00%

R2 714.26

R161 505.58

Until settled

 

First National Bank

3000000705971

8.90%

R1 233.90

R75 965.00

60 months and thereafter the contractual terms and conditions of will apply

R380.59

Capfin (Pty) Ltd

C142756

1.00%

R201.00

R11 683.50

60

 

 

MDD

502219030303528683

1.00%

 

 

R44.00

R2 521.99

60

 

 

The parties' attention is drawn to sections 71(1), 71(5)(a) and 152 of the Act which states as follows:

Section 71(1)

A consumer, whose debts have been re-arranged in terms of part D of this chapter, may apply to a debt counsellor at any time for a clearance certificate.

Section 71(5)

Upon receiving a copy of a clearance certificate, a credit bureau, or the national credit register must expunge from its records the fact that the consumer was subject to the relevant debt re-arrangement order or agreement.

Section 152

Any decision, judgment or order of the Tribunal may be served, executed and enforced as if it were an order of the High Court.

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 at CENTURION on the 31st August 2015


(Signed)

P A BECK

Member

National Consumer Tribunal