Britz v African Bank Ltd and Others (NCT/ 301/2009/138 (1)(P) [2010] ZANCT 20 (2 February 2010)

Britz v African Bank Ltd and Others (NCT/ 301/2009/138 (1)(P) [2010] ZANCT 20 (2 February 2010)

The Tribunal found that the applicant is experiencing difficulty in meeting her obligations under various credit agreements and that the debt counsellor's recommendation for restructuring the payment instalments is reasonable. All credit providers and the applicant have consented to the proposed agreement. The Tribunal is satisfied that the requirements of section 86(7) and section 138 of the National Credit Act have been met and confirms the draft consent order as an order of the Tribunal. The parties are warned that failure to comply with the order constitutes an offence under section 160(1) of the Act.

Citation
[2010] ZANCT 20
Parties
Applicant: Elize Britz; Respondent: African Bank Limited; Respondent: Jet Stores a division of Edcon (Pty) Ltd; Respondent: RCS Personal Loans (Pty) Ltd; Respondent: Vanderwalt Pharmacy
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
2 February 2010
Case Number
NCT/ 301/2009/138 (1)(P)
Procedural Posture
Consent Order Application / Final Determination
Outcome
Consent order granted; debt restructuring agreement confirmed as an order of the Tribunal.
Judges
F. Manamela
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

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Parties

Elize Britz

Applicant

African Bank Limited

Respondent

Jet Stores a division of Edcon (Pty) Ltd

Respondent

RCS Personal Loans (Pty) Ltd

Respondent

Vanderwalt Pharmacy

Respondent

Procedural Posture

Consent Order Application / Final Determination

Legal Issues

  1. 1 Whether the applicant qualifies for a debt rearrangement order under section 86(7) and section 138 of the National Credit Act.
  2. 2 Whether the parties have validly consented to the proposed debt restructuring agreement.
  3. 3 Whether the Tribunal should confirm the draft consent order as an order of the Tribunal.

Ratio Decidendi

The Tribunal found that the applicant is experiencing difficulty in meeting her obligations under various credit agreements and that the debt counsellor's recommendation for restructuring the payment instalments is reasonable. All credit providers and the applicant have consented to the proposed agreement. The Tribunal is satisfied that the requirements of section 86(7) and section 138 of the National Credit Act have been met and confirms the draft consent order as an order of the Tribunal. The parties are warned that failure to comply with the order constitutes an offence under section 160(1) of the Act.

Court Disposition

Consent order granted; debt restructuring agreement confirmed as 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.