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Mokoena and Another v MFC Division of Nedbank Limited and Others (NCT/19119/2014/138(1)(P)) [2016] ZANCT 38 (28 July 2016)

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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 CENTURION

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

In the matter between:

LUCIANO LESEGO KOENA MOKOENA

1st Applicant / Consumer

ID: [8.....]

 

AND

 

NONHLANHLA ELIZA MOKOENA                                                                                                 

ID : [8.....]

 

 

 

 

2nd Applicant / Consumer

 

 

                                                                                                       

And

MFC  DIVISION OF NEDBANK LIMITED

FIRST RAND BANK LIMITED

NEDBANK LIMITED

FIRST NATIONAL BANK A DIVISION OF FIRST RAND BANK LIMITED

WONGA FINANCE SA (PTY) LIMITED

AFRICAN BANK LIMITED

FINCHOICE (PTY) LIMITED

HOMECHOICE (PTY) LIMITED

STANDARD BANK OF SOUTH AFRICA LIMITED

EDCON (PTY) LIMITED

CAPFIN (PTY) LIMITED

CAPITEC BANK LIMITED

1st Credit Provider

2nd Credit Provider

3rd Credit Provider

4th Credit Provider

5th Credit Provider

6th Credit Provider

7th Credit Provider

8th Credit Provider

9th Credit Provider

10th Credit Provider

11th Credit Provider

12th Credit Provider

 

CONSENT ORDER

 

An order granting the debt re-arrangement was made an order of the Tribunal and issued on 8 June 2014. An application was lodged on 22 February 2016 to vary the order granted on 8 June 2014 and upheld on 20 July 2016.

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

MFC a Division of Nedbank Limited

44082220001

6.00%

R1 890.80

R123 047.50

67

 

First Rand Bank Limited

85191995613

8.18%

R657.11

R28 707.86

52

 

Nedbank Limited

8001282419201

6.50%

R4 118.81

R610 815.31

58 months concession period

 

 

First Rand Bank Limited

4303430033804001

6.75%

 

 

R447.23

R20 899.36

55

 

Nedbank Limited

6001288847801

4.46

R1 389.39

R50 741.59

55

 

Wonga Finance (SA)(Pty) Limited

LA253646

0.01

R74.78

R3 905.83

52

 

African Bank Limited

5404381E002

7.30

R170.85

R6 424.11

52

 

FinChoice (Pty) Limited

8402100781086

13.91

R234.58

R5 483.44

1

 

 

 

 

R199.48

 

35

 

Home Choice (Pty) Limited

240359368

0.00

R97.28

R3 105.72

33

 

First National Bank

4000028625717

8.79          

R1 209.00

R47 392.74

57

 

Standard Bank of South Africa Limited

5104323340480474

6.02

R205.02

R9 867.34

55

 

Edcon (Pty) Ltd

7000100100058084740

8.75

R226.98

R10 568.46

54

 

 

 

 

R109.15

 

1

 

Capfin (Pty) Ltd

C1696682

13.55

R100.84

R3 898.25

55

 

Capitec Bank Limited

1360834395

8.38

R1 784.92

R76 900.71

55

 

Nedbank Limited

1305874186

4.46

R72.53

R243.94

32

 

 

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  28th day of July 2016

 

(Signed)

P A BECK

Presiding Member

National Consumer Tribunal

 

H Devraj  (Member) and F Sibanda (Member) concurring