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Sager and Another v African Bank Limited and Others (NCT/67516/2016/165(1)(P)) [2017] ZANCT 65 (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 IN CENTURION

Case Number: NCT/67516/2016/165 (1)(P)

In the matter between:

BENAY SAGER                                                                                                              APPLICANT

NCR REGISTRATION NUMBER: 2484

And

NOLUVUYO EUGINIA SINQE 

IDENTITY NUMBER: [7...]

CONSUMER

 

And

AFRICAN BANK LIMITED

1ST CREDIT PROVIDER

FIRST NATIONAL BANK, A DIVISION OF FIRSTRAND BANK LIMITED

2ND CREDIT PROVIDER

FOSCHINI RETAIL GROUP (PTY) LTD

3RD CREDIT PROVIDER

RCS GROUP

4TH CREDIT PROVIDER

TRUWORTHS LIMITED

5TH CREDIT PROVIDER

VARIED CONSENT ORDER

The original order on this matter was granted on 8 December 2016. The debt counsellor subsequently informed the Tribunal that the identity number for the consumer was omitted from the order and applied for a variation of the order to include the identity number. The application was granted and the order is hereby varied to now reflect the Consumer’s identity number. No other change has been made to the order.

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

1

RCS GROUP

5.02E+015

R6,489.07

53

0.26%

R130.47

2

FOSCHINI RETAIL GROUP (PTY) LTD

1.00E+016

R2,562.07

30

0.28%

R93.60

3

TRUWORTHS LIMITED

10101118560093

R2,126.69

38

0.28%

R59.03

4

AFRICAN BANK LIMITED

6006452001

R139,002.12

84

16.00%

R2,777.13

5

FIRST NATIONAL BANK, A DIVISION OF FIRSTRAND BANK LIMITED

4000057854265

R2,714.73

47

0.32%

R73.66

(Cascade)

6

FIRST NATIONAL BANK, A DIVISION OF FIRSTRAND BANK LIMITED

4000055310527

R51,885.29

63

0.30%

R697.94

(Cascade)

7

AFRICAN BANK LIMITED

75020769217

R19,850.51

81

18.33%

R429.55

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