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[2017] ZANCT 63
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Wason and Another v Avon Justine (Pty) Ltd and Others (NCT/32785/2015/165(1)(P)) [2017] ZANCT 63 (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/32785/2015/165(1)(P)
In the matter between:
IAN ROMER WASON APPLICANT
NCR REGISTRATION NUMBER: 1817
And
MOSEKI DAVID MAREMA IDENTITY NUMBER: [8...] PROMARS MAREMA IDENTITY NUMBER: [8...] |
1ST CONSUMER 2ND CONSUMER
|
And
AVON JUSTINE (PTY) LTD |
1ST CREDIT PROVIDER |
DIRECT AXIS (SA) (PTY) LTD, AGENT FOR CALL DIRECT ON BEHALF OF FIRSTRAND BANK LIMITED |
2ND CREDIT PROVIDER |
FOSCHINI TOTALSPORTS |
3RD CREDIT PROVIDER |
JDG TRADING (PTY) LIMITED ON BEHALF OF JOSHUA DOORE |
4TH CREDIT PROVIDER |
SOUTHERN VIEW FINANCE SOUTH AFRICA (PTY) LTD T/A CAPFIN |
5TH CREDIT PROVIDER |
WOOLWORTHS CREDIT CARD |
6TH CREDIT PROVIDER |
VARIED CONSENT ORDER
The original order on this matter was issued on 23 March 2016. The debt counsellor subsequently informed the Tribunal that the name of the debt counsellor did not appear on the order and applied for it to be varied. The application was granted and the order is now varied to reflect 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 Annual Interest |
Proposed Instalment |
1 |
RCS CAPE UNION MART |
6.01E+018 |
R1,310.83 |
16 |
0.76% |
R92.68 |
2 |
RCS VERIMARK |
6.01E+018 |
R2,036.11 |
34 |
0.76% |
R65.26 |
3 |
1355831723 |
R79,645.07 |
62 |
2.63% |
R1,310.00 |
|
4 |
CAPITEC BANK LIMITED |
1385523415 |
R14,499.00 |
55 |
2.78% |
R265.56 |
5 |
5.47E+015 |
R10,246.20 |
1 |
0.79% |
R0.00 |
|
1 |
R138.64 |
|||||
56 |
R195.18 |
|||||
6 |
AFRICAN BANK LIMITED |
75007352457 |
R7,461.05 |
Until settled |
2.33% |
R220.42 |
7 |
ABSA BANK LIMITED |
85679614 |
R69,289.32 |
1 |
8.19% |
R0.00 |
1 |
R662.02 |
|||||
58 |
R1,162.52 |
|||||
21 |
R1,379.13 |
|||||
8 |
STANDARD BANK OF SOUTH AFRICA LIMITED |
402196597 |
R13,631.07 |
59 |
2.33% |
R 240.21 |
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 certificate
Section 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 on 15 May 2017
Adv J Simpson
Presiding member
National Consumer Tribunal