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Wason and Another v Absa Bank Limited and Others (NCT/23946/2015/165(1)(P)) [2017] ZANCT 62 (15 May 2017)

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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 AT CENTURION

Case Number: NCT/23946/2015/165(1)(P)

In the matter between:

IAN ROMER WASON                                                                                                                        APPLICANT

NCR REGISTRATION NUMBER: 1817

And

TONNY NELSON MATJILA                                                                                                        1ST CONSUMER

IDENTITY NUMBER: [8...]

And

ABSA BANK LIMITED                                                                                                     1ST CREDIT PROVIDER

DISCOVERY CREDIT CARD                                                                                          2ND CREDIT PROVIDER

FIRST NATIONAL BANK LIMITED                                                                               3RD CREDIT PROVIDER

FOSCHINI RETAIL GROUP LTD                                                                                     4TH CREDIT PROVIDER

NEDBANK LIMITED                                                                                                       5TH CREDIT PROVIDER

RCS CARDS (PTY) LTD                                                                                                   6TH CREDIT PROVIDER

STANDARD BANK OF SOUTH AFRICA LIMITED                                                       7TH CREDIT PROVIDER

VARIED CONSENT ORDER

The original order on this matter was issued on 4 September 2015. The debt counsellor subsequently informed the Tribunal that the repayment terms stated on the order for the FNB loan account [3...] were incorrect as they did not match the letter from FNB accepting the repayment proposal. The application to vary the order was granted and the order is now varied in this regard. The order also now includes the name of the debt counsellor. No other changes to the order have been made.

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:

1. 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

CREDIT PROVIDER

REFERENCE

CURRENT OUTSTANDING

PROPOSED PAYMENT PERIOD

PROPOSED ANNUAL INTEREST

PROPOSED INSTALMENT

MONTHLY ASSURANCE PREMIUM

INSURANCE PREMIUM

DISCOVERY

4043070393863000

R5,514.50

41

2.06%

R146.29

 

 

FOSCHINI RETAIL GROUP

0016110000300502518

R644.26

17

2.45%

R44.41

 

 

ABSA BANK

000003035677663

R47,524.77

1

1.92%

R34.98

 

 

57

1.92%

R887.82

 

 

ABSA BANK

4550270166284013

R7,875.47

2

2.17%

R22.89

 

 

47

2.17%

R174.31

 

 

NEDBANK

5898460858599152

R36,106.98

1

2.09%

 

 

 

56

2.09%

R675.72

RCS

6010243100000114577

R221.61

35

2.20%

R79.16

 

 

FIRST NATIONAL BANK

[3...]

R360,507.10

60 month concession period. Thereafter normal contractual terms and conditions apply

7.78%

R2,671.53

R236.54

R89.24

STANDARD BANK

5221266264247833

R23,526.98

58

2.09%

R438.24

 

 

2. 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 certificateSection 71(5)

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

Section 152

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

3. 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 15 May 2017

Adv J Simpson

Presiding member

National Consumer Tribunal