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Matlou v African Bank Ltd and Another (NCT/ 270/2009/138 (1)(P)) [2010] ZANCT 7 (21 January 2010)

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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 IN CENTURION



Case Number: NCT/ 270/2009/138 (1)(P)

DATE:21/01/2010



In the matter between:


MATSOBANE JACK MATLOU.....................................................1st Applicant/Consumer
ID:

and

AFRICAN BANK LIMITED …...........................................1st Respondent/Credit Provider

ATLAS FINANCE................................................................2nd Respondent/Credit Provider



CONSENT ORDER


The Tribunal having read the papers filed of record and heard the Debt Counsellor;


The Tribunal, being satisfied that the Applicant and the Respondents are parties to a debt re-arrangement facilitated by a Debt Counsellor under section 86(7)(b) read together with section 138(1) of the National Credit Act, Act 34 of 2005 ;(the Act).


The Tribunal hereby orders that:

  1. The draft consent order formulated as the order of the Tribunal attached hereto and marked Annexure "A" is confirmed;

  2. 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 and Signed at Centurion on this 21 day of January 2010




MR. XOLELA MAY

PRESIDING MEMBER









IN THE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION

Case No:


In the matter between:

MATSOBANE JACK MATLOU.........................................CONSUMER/1st APPLICANT

Identity number:

And

AFRICAN BANK LIMTED..................................1st RESPONDENT/CREDIT PROVIDER

ATLAS FINANCE (PTY) LTD..........................2ND RESPONDENT/CREDIT PROVIDER


DRAFT CONSENT ORDER IN TERMS OF SECTION 86(8) READ TOGETHER WITH SECTION 138 OF THE NATIONAL CREDIT ACT 34 OF2005



WHEREAS:


a. The-consumer applied for debt review in terms of the National Credit Act 43 of
2005;


b. The debt counsellor found that the consumer is experiencing difficulty satisfying all
obligations under the credit agreements in a timely manner;


c. The debt counsellor recommended a restructuring of the payment instalments to all the
credit providers, as per the agreement which is attached hereto marked:

"Annexure B";

d. All the respective credit providers and the consumer/applicant consented to this agreement,
which consents are hereto attached marked "Annexure C"

NOW THEREFORE:

The Tribunal, being satisfied that the Applicant and Respondent are parties to a debt rearrangement facilitated by a debt counsellor under section 86(7) of National Credit Act, hereby orders, by consent of the parties:

That the payment structures of the agreement between the Applicant and the Respondents as set out in Annexure "B", be made an order of the National Consumer Tribunal;,

Which agreement restructures the payment instalmehtfcy extending the payment period as indicated in Annexure "C"


Creditor

Reference

Annual Interest

New

Monthly

Instalment

Balance

Estimated Period in Months

AFRICAN BANK LIMITED

3785895004

31.00%

R270.73

R6 055.50

38

AFRICAN BANK LIMITED

75001732548

21.50%

R121.75

R4 405.38

49

AFRICAN BANK LIMITED

3785895005

27.55%

R102.25

R4 163.85

51

ATLAS FINANCE (PTY) LTD

6006225561084

10.00%

R455.27

R20 000.00

48



DATED at Centurion this the day of 2009REGISTRAR OF THE NATIONAL£QNSUMER TRIBUNAL


Applicant/Consumer

Debt Counsellor on behalf of the Consumer TO:


THE REGISTRAR OF THE TRIBUNAL CENTURION


1. AFRICAN BANK LIMITED
59 16TH ROAD
MIDRAND

1685

2. ATLAS FINANCE (PTY) LTD
PO BOX 61755
MARSHALLTOWN

2107