Harris v Motor Finance Corporation (Pty) Ltd (NCT/30/2009/138 (1)(P)) [2009] ZANCT 9 (27 March 2009)

Harris v Motor Finance Corporation (Pty) Ltd (NCT/30/2009/138 (1)(P)) [2009] ZANCT 9 (27 March 2009)

The Tribunal confirmed the agreement reached between the parties as a consent order, as both parties consented and requested such confirmation. The applicant was expressly warned that failure to comply with the consent order would constitute an offence under section 160(1) of the National Credit Act 34 of 2005.

Citation
[2009] ZANCT 9
Parties
Applicant: Raymond Henry Harris; Respondent: Motor Finance Corporation (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
27 March 2009
Case Number
NCT/30/2009/138 (1)(P)
Procedural Posture
Consent Order / Final
Outcome
Consent order granted confirming the agreement between the parties; applicant warned of consequences of non-compliance.
Judges
P A Beck
Legal Topics
National Credit Act, Consent Order, Consumer Protection
Banking and Finance National Credit Act Consent Order Consumer Protection

Case Brief

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Parties

Raymond Henry Harris

Applicant

Motor Finance Corporation (Pty) Ltd

Respondent

Procedural Posture

Consent Order / Final

Legal Issues

  1. 1 Whether the agreement reached between the parties should be confirmed as a consent order of the Tribunal.
  2. 2 Whether the applicant is warned of the consequences of non-compliance with the consent order.

Ratio Decidendi

The Tribunal confirmed the agreement reached between the parties as a consent order, as both parties consented and requested such confirmation. The applicant was expressly warned that failure to comply with the consent order would constitute an offence under section 160(1) of the National Credit Act 34 of 2005.

Court Disposition

Consent order granted confirming the agreement between the parties; applicant warned of consequences of non-compliance.

Orders

  • The agreement reached between the parties is confirmed as a consent order of the Tribunal.
  • The applicant is warned that failure to comply with the consent order constitutes an offence in terms of section 160(1) of the National Credit Act 34 of 2005.