Bhengu v African Bank Ltd and Others (NCT/ 258/2009/138 (1)(P)) [2010] ZANCT 16 (21 January 2010)

Bhengu v African Bank Ltd and Others (NCT/ 258/2009/138 (1)(P)) [2010] ZANCT 16 (21 January 2010)

The Tribunal found that the applicant and respondents are parties to a debt rearrangement agreement facilitated by a debt counsellor in terms of the National Credit Act. All parties have consented to the agreement, and the draft consent order reflects the restructured payment terms. The Tribunal is satisfied that the requirements of section 86(7)(b) read with section 138(1) have been met. Accordingly, the Tribunal confirms the draft consent order as an order of the Tribunal. The parties are warned that non-compliance with the order constitutes an offence under section 160(1) of the Act.

Citation
[2010] ZANCT 16
Parties
Applicant: Ganwayini Bhengu; Respondent: African Bank Limited; Respondent: Boston Finance CC; Respondent: Nedbank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
21 January 2010
Case Number
NCT/258/2009/138 (1)(P)
Procedural Posture
Consent Order Application / Debt Rearrangement Order Under National Credit Act
Outcome
Consent order confirmed. Debt rearrangement agreement made an order of the Tribunal.
Judges
Xolela May
Legal Topics
Debt Restructuring, National Credit Act, Consent Order, Consumer Protection
Banking and Finance Civil Procedure Debt Restructuring National Credit Act Consent Order Consumer Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 15
Sign in to unlock

Parties

Ganwayini Bhengu

Applicant

African Bank Limited

Respondent

Boston Finance CC

Respondent

Nedbank Limited

Respondent

Procedural Posture

Consent Order Application / Debt Rearrangement Order Under National Credit Act

Legal Issues

  1. 1 Whether the parties have validly consented to a debt rearrangement agreement under the National Credit Act.
  2. 2 Whether the Tribunal should confirm the draft consent order as an order of the Tribunal.
  3. 3 Whether failure to comply with the order constitutes an offence under section 160(1) of the Act.

Ratio Decidendi

The Tribunal found that the applicant and respondents are parties to a debt rearrangement agreement facilitated by a debt counsellor in terms of the National Credit Act. All parties have consented to the agreement, and the draft consent order reflects the restructured payment terms. The Tribunal is satisfied that the requirements of section 86(7)(b) read with section 138(1) have been met. Accordingly, the Tribunal confirms the draft consent order as an order of the Tribunal. The parties are warned that non-compliance with the order constitutes an offence under section 160(1) of the Act.

Court Disposition

Consent order confirmed. Debt rearrangement agreement made an order of the Tribunal.

Orders

  • The draft consent order attached as Annexure 'A' is confirmed as an order of the Tribunal.
  • The payment structures set out in Annexure 'B' are made an order of the Tribunal.