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Sager obo Jiyane and Another v Absa Bank Limited and Others (NCT/60170/2016/165(1)(P)) [2017] ZANCT 85 (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/60170/2016/165(1)(P)

In the matter between:

BENAY SAGER APPLICANT

NCR REGISTRATION NUMBER: 2484

And

PROTAS MDUDUZI JIYANE

IDENTITY NUMBER: [7...]

PUSELETSO ROSELINE JIYANE

IDENTITY NUMBER: [8...]

1^ST CONSUMER

2^ND CONSUMER

And

ABSA BANK LIMITED	1st Respondent \ Credit Provider
ADDCON (PTY) LTD	2nd Respondent \ Credit Provider
CAPITEC BANK LIMITED	3rd Respondent \ Credit Provider
FOSCHINI RETAIL GROUP (PTY) LTD	4th Respondent \ Credit Provider
MARKHAMS, A DIVISION OF THE FOSCHINI RETAIL GROUP (PTY) LTD	5th Respondent \ Credit Provider
NEDBANK LIMITED	6th Respondent \ Credit Provider
WESBANK, A DIVISION OF FIRSTRAND BANK LIMITED	7th Respondent \ Credit Provider
WOOLWORTHS (PTY) LIMITED	8th Respondent \ Credit Provider

VARIED CONSENT ORDER

The original order on this matter was issued on 21 October 2016. The debt counsellor subsequently informed the Tribunal that the identity numbers for the consumers were wrongly reflected on the order and applied for it to be varied. The application was granted and the order is now varied to reflect the correct identity numbers. No other changes have 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	Driva Protect	VAP & Linked Insurance
1	FOSCHINI RETAIL GROUP (PTY) LTD	0010010000278857393	R3,882.33	59	2.35 %	R72.31
2	MARKHAMS, A DIVISION OF THE FOSCHINI RETAIL GROUP (PTY) LTD	0012010001010409960	R3,672.22	59	2.35 %	R68.40
3	NEDBANK LIMITED	5898460926678624	R15,417.02	59	2.35 %	R275.64
4	WOOLWORTHS (PTY) LIMITED	6007850191826401	R3,728.62	59	2.35 %	R69.73
5	ADDCON (PTY) LTD	2563274	R5,364.16	Until Settled	0.79 %	R94.17
6	WESBANK, A DIVISION OF FIRSTRAND BANK LIMITED	85225431406	R70,298.39	69	9.13 %	R1,417.17	R95.00
7	ABSA BANK LIMITED	0000003041185197	R57,030.85	1	1.06 %	R219.17
7	ABSA BANK LIMITED	0000003041185197	R57,030.85	58	1.06 %	R1,041.51
8	ABSA BANK LIMITED	8073494002	R110,988.35	1	9.05 %	R247.40		R116.20
				59		R1,058.82
				218		R1,283.07
9	ADDCON (PTY) LTD	18191400	R22,959.26	Until Settled	1.13 %	R377.09
10	CAPITEC BANK LIMITED	1363597467	R73,059.40	60	2.52 %	R1,305.86
11	CAPITEC BANK LIMITED	1466315170	R64,959.33	60	2.43 %	R1,161.88

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