Mokoena and Another v MFC Division of Nedbank Limited and Others (NCT/19119/2014/138(1)(P)) [2016] ZANCT 38 (28 July 2016)

Mokoena and Another v MFC Division of Nedbank Limited and Others (NCT/19119/2014/138(1)(P)) [2016] ZANCT 38 (28 July 2016)

The Tribunal found that the applicants and respondents were 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. The Tribunal was satisfied that the revised payment structure complied with the Act and confirmed it as an order of the Tribunal in terms of section 150. The Tribunal emphasized the legal consequences of non-compliance, including the possibility of enforcement as a High Court order and the commission of an offence under section 160(1) of the Act. The parties were reminded of their rights to apply for a clearance certificate and the obligations of credit bureaus to expunge records upon...

Citation
[2016] ZANCT 38
Parties
Applicant: Luciano Lesego Koena Mokoena; Applicant: Nonhlanhla Eliza Mokoena; Respondent: MFC Division of Nedbank Limited; Respondent: First Rand Bank Limited; Respondent: Nedbank Limited; Respondent: First National Bank a Division of First Rand Bank Limited; Respondent: Wonga Finance SA (Pty) Limited; Respondent: African Bank Limited; Respondent: FinChoice (Pty) Limited; Respondent: HomeChoice (Pty) Limited; Respondent: Standard Bank of South Africa Limited; Respondent: Edcon (Pty) Limited; Respondent: Capfin (Pty) Limited; Respondent: Capitec Bank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
28 July 2016
Case Number
NCT/19119/2014/138(1)(P)
Procedural Posture
Review Application / Application to Vary Debt Re Arrangement Order
Outcome
The application to vary the debt re-arrangement order was granted and the revised payment structure was confirmed as an order of the Tribunal.
Judges
P A Beck, H Devraj, F Sibanda
Legal Topics
Debt Rearrangement, National Credit Act, Consent Order, Enforcement of Tribunal Orders
Banking and Finance Civil Procedure Debt Rearrangement National Credit Act Consent Order Enforcement of Tribunal Orders

Case Brief

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Parties

Luciano Lesego Koena Mokoena

Applicant

Nonhlanhla Eliza Mokoena

Applicant

MFC Division of Nedbank Limited

Respondent

First Rand Bank Limited

Respondent

Nedbank Limited

Respondent

First National Bank a Division of First Rand Bank Limited

Respondent

Wonga Finance SA (Pty) Limited

Respondent

African Bank Limited

Respondent

FinChoice (Pty) Limited

Respondent

HomeChoice (Pty) Limited

Respondent

Standard Bank of South Africa Limited

Respondent

Edcon (Pty) Limited

Respondent

Capfin (Pty) Limited

Respondent

Capitec Bank Limited

Respondent

Procedural Posture

Review Application / Application to Vary Debt Re Arrangement Order

Legal Issues

  1. 1 Whether the existing debt re-arrangement order should be varied in terms of the National Credit Act.
  2. 2 Whether the payment structure between the consumers and credit providers complies with the Act.
  3. 3 What are the consequences of non-compliance with the Tribunal's order.

Ratio Decidendi

The Tribunal found that the applicants and respondents were 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. The Tribunal was satisfied that the revised payment structure complied with the Act and confirmed it as an order of the Tribunal in terms of section 150. The Tribunal emphasized the legal consequences of non-compliance, including the possibility of enforcement as a High Court order and the commission of an offence under section 160(1) of the Act. The parties were reminded of their rights to apply for a clearance certificate and the obligations of credit bureaus to expunge records upon...

Court Disposition

The application to vary the debt re-arrangement order was granted and the revised payment structure was confirmed as an order of the Tribunal.

Orders

  • The payment structure between the consumers and the credit providers is confirmed as an order of the Tribunal in terms of section 150 of the National Credit Act.
  • The parties are directed to comply with the revised payment arrangements as set out in the order.