Campell v Motor Finance Corporation t/a MFC and Other (NCT/ 287/2009/138 (1)(P)) [2009] ZANCT 7 (17 December 2009)

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/ 287/2009/138 (1)(P)

Date:17/12/2009

In the matter between:

SHARON ELIZABETH CAMPBELL................................................................Applicant/Consumer

ID:

and

THE MOTOR FINANCE CORPORATION t/a MFC ...................1st Respondent/Credit ProviderTRUTER JAMES DE RIBBER....................................................2nd Respondent/Credit Provider

GROENEWALD/ LUBBE INCORPORATED

ATTORNEYS................................................................................3rd Respondent/Credit ProviderWOOLWORTHS ….................................................................4th Respondent/Credit Provider

FIRST NATIONAL BANK t/a FIRST RAND BANK …..............5th Respondent/Credit Provider

CONSENT ORDER

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:

The draft consent order formulated as the order of the Tribunal attached hereto and marked Annexure "A" is confirmed; 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 17th day of December 2009.

PROF. BONKE DUMISA

PRESIDING MEMBER

IN THE NATIONAL CONSUMER TRIBUNAL HELD AT CENTURION

Case No:

In the matter between:

CAMPBELL, SHARON ELIZABETH ................................................ FIRST/ APPLICANT

Identity number:

And

FIRST NATIONAL BANK a division

of FIRST RAND BANK .........................................................................1st RESPONDENT/CREDIT PROVIDER

GRJOENEWALD/LUBBE INCORPORATED ATTORNEYS............2nd RESPONDENT/CREDIT PROVIDER

THE MOTOR FINANCE CORPORATION t/A MFC .........................3RD RESPONDENT/CREDIT PROVIDER

TRUTER JAMES DE RIBBER...........................................................4th RESPONDENT/CREDIT PROVIDER

WOOLWORTHS .................................................................................5th RESPONDENT/CREDIT PROVIDER

DRAFT CONSENT ORDER IN TERMS OF SECTION 86(8) READ TOGETHER WITH SECTION 138 OF THE NATIONAL-CREDIT ACT 34 OF 2005

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 ail obligations under the credit agreements in a timely manner;

e. 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:

1. 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;

2. Which agreement restructures the payment instalment by extending the payment period as - indicated in Annexure "C"

Creditor Reference Annual interest New Monthly Instalment Balance Estimated Period in Months FIRST NATIONA BANK a division of FIRST RAND BANK 8855300000011414 14.00% Rl 045.60 R45 846.99 38 GROENEWALD/LUBBE INCORPORATED ATTORNEYS FB 17187 15.50% Rl 097.02 R39 710.90 36 THE MOTOR FINANCE CORPOORATION t/a MFC CAMPBEL 06101717 17.07% Rl 687.33 R45 036.53 29 - TRUTER JAMES DE RIBBER 2523/08 ' 15.50% R493.66 R5 485.42 14 WOOLWORTHS 4164557555297012 10.00% R 164.65 R35 370.31 44 WOOLWORTHS 6007850164501S44 10.00% R274.26 R5 692.71 23

DATED at Centuriton this the day of 2009

REGISTRAR OF THE NATIONAL CONSUMER TRIBUNAL

Applicant/Consumer

Debt Counsellor on behalf of the Consumer

TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION

1. THE MOTOR FINANCE CORPORATION t/a MFC

CNRCOROBRICK ROAD RAND8URG

MEADOWDALE 2154

EDENVAL

1610

2. FIRST NATIONA BANK a division of FIRST RAND BANK

27 DIOGONAL STREET

JOHANNESBURG 2000

3. WOOLWORTHS -CAPE TOWN

93 LONG MAKET STREET

CAPETOWN

8000

4. TRUTER JAMES DERIBBER ' LINCOLN'S INN

1 VICTORIA LANE

7 MAXWELL STREET

EMPANGENI

3880

5. GROENEWALD LUBBE INC 1ST FLOOR REGENT LIFE HOUSE BRAMHOF

6E HERMAN ROAD . DOCEX145

EDENVAL 1610