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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

CAPITEC BANK LIMITED

1355831723

R79,645.07

62

2.63%

R1,310.00

4

CAPITEC BANK LIMITED

1385523415

R14,499.00

55

2.78%

R265.56

5

ABSA BANK LIMITED

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