Mangalisa v Blue Financial Services (Pty) Ltd and Others (NCT/ 296/2009/138 (1)(P)) [2010] ZANCT 21 (2 February 2010)

Mangalisa v Blue Financial Services (Pty) Ltd and Others (NCT/ 296/2009/138 (1)(P)) [2010] ZANCT 21 (2 February 2010)

The Tribunal found that the applicant and respondents had entered into a debt rearrangement agreement facilitated by a debt counsellor in terms of section 86(7) of the National Credit Act. All parties consented to the agreement, and the Tribunal was satisfied that the requirements for a consent order under section 138(1) were met. Accordingly, the Tribunal confirmed the draft consent order, making the restructured payment arrangements an order of the Tribunal. The parties were warned that non-compliance with the order would constitute an offence under section 160(1) of the Act.

Citation
[2010] ZANCT 21
Parties
Applicant: Ronald Mangalisa; Respondent: Blue Financial Services (Pty) Ltd; Respondent: Kadet Investments (Pty) Ltd; Respondent: Addcon (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
2 February 2010
Case Number
NCT/ 296/2009/138 (1)(P)
Procedural Posture
Consent Order Application / Debt Rearrangement Order Under Section 86(7) and 138(1) of the National Credit Act
Outcome
Consent order granted confirming the debt rearrangement agreement as an order of the Tribunal.
Judges
F. Manamela
Legal Topics
National Credit Act, Debt Restructuring, Consent Order, Consumer Protection
Banking and Finance Civil Procedure National Credit Act Debt Restructuring Consent Order Consumer Protection

Case Brief

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Parties

Ronald Mangalisa

Applicant

Blue Financial Services (Pty) Ltd

Respondent

Kadet Investments (Pty) Ltd

Respondent

Addcon (Pty) Ltd

Respondent

Procedural Posture

Consent Order Application / Debt Rearrangement Order Under Section 86(7) and 138(1) of the 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.

Ratio Decidendi

The Tribunal found that the applicant and respondents had entered into a debt rearrangement agreement facilitated by a debt counsellor in terms of section 86(7) of the National Credit Act. All parties consented to the agreement, and the Tribunal was satisfied that the requirements for a consent order under section 138(1) were met. Accordingly, the Tribunal confirmed the draft consent order, making the restructured payment arrangements an order of the Tribunal. The parties were warned that non-compliance with the order would constitute an offence under section 160(1) of the Act.

Court Disposition

Consent order granted confirming the debt rearrangement agreement 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 and restructured instalments set out in Annexure 'B' are made an order of the Tribunal.