Collett v JDG Trading (Pty) Ltd and Others (NCT/15719/2014/138(1)(P)) [2015] ZANCT 2 (28 February 2015)

Collett v JDG Trading (Pty) Ltd and Others (NCT/15719/2014/138(1)(P)) [2015] ZANCT 2 (28 February 2015)

The Tribunal, having considered the papers filed and being satisfied that the applicant and respondents 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, confirms the payment structure as an order of the Tribunal in terms of section 150 of the Act. The order is binding and enforceable as if it were an order of the High Court. The parties are reminded of their rights and obligations under sections 71 and 152 of the Act, and warned that failure to comply constitutes an offence under section 160(1).

Citation
[2015] ZANCT 2
Parties
Applicant: Christina Margot Collett; Respondent: JDG Trading (Pty) Ltd; Respondent: Woolworths (Pty) Ltd; Respondent: The Motor Finance Corporation (Pty) Ltd T/A MFC; Respondent: Telkom SA Ltd; Respondent: ABSA Bank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
28 February 2015
Case Number
NCT/15719/2014/138(1)(P)
Procedural Posture
Debt Rearrangement Application / Consent Order
Outcome
Debt re-arrangement confirmed as a consent order of the Tribunal.
Judges
FK Sibanda
Legal Topics
Debt Rearrangement, National Credit Act, Consumer Protection, Consent Order
Banking and Finance Civil Procedure Debt Rearrangement National Credit Act Consumer Protection Consent Order

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Parties

Christina Margot Collett

Applicant

JDG Trading (Pty) Ltd

Respondent

Woolworths (Pty) Ltd

Respondent

The Motor Finance Corporation (Pty) Ltd T/A MFC

Respondent

Telkom SA Ltd

Respondent

ABSA Bank Limited

Respondent

Procedural Posture

Debt Rearrangement Application / Consent Order

Legal Issues

  1. 1 Whether the proposed debt re-arrangement between the applicant and the respondents complies with the National Credit Act and is suitable for confirmation as a Tribunal order.
  2. 2 Whether the parties are entitled to the protections and obligations set out in sections 71 and 152 of the National Credit Act.
  3. 3 Whether failure to comply with the Tribunal's order constitutes an offence under section 160(1) of the Act.

Ratio Decidendi

The Tribunal, having considered the papers filed and being satisfied that the applicant and respondents 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, confirms the payment structure as an order of the Tribunal in terms of section 150 of the Act. The order is binding and enforceable as if it were an order of the High Court. The parties are reminded of their rights and obligations under sections 71 and 152 of the Act, and warned that failure to comply constitutes an offence under section 160(1).

Court Disposition

Debt re-arrangement confirmed as a consent order of the Tribunal.

Orders

  • The payment structure between the applicant and the respondents as set out in the order is confirmed as an order of the Tribunal.
  • The parties are reminded of their rights to apply for a clearance certificate and the obligations of credit bureaus to expunge records upon receipt of such certificate.