Mphahlele v ABSA Bank Ltd and Others (NCT/ 281/2009/138 (1)(P)) [2010] ZANCT 3 (14 January 2010)

Mphahlele v ABSA Bank Ltd and Others (NCT/ 281/2009/138 (1)(P)) [2010] ZANCT 3 (14 January 2010)

The Tribunal found that the applicant had applied for debt review in terms of the National Credit Act and that the debt counsellor had determined she was experiencing difficulty in meeting her obligations under the relevant credit agreements. The debt counsellor recommended a restructuring of payment instalments, and all credit providers consented to the proposed agreement. The Tribunal was satisfied that the requirements of section 86(7)(b) and section 138(1) of the Act were met, and therefore confirmed the draft consent order as 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 3
Parties
Applicant: Raesetse Grace Mphahlele; Respondent: ABSA Bank Limited; Respondent: African Bank Limited; Respondent: Lubners t/a Relaynt Group (Pty) Ltd; Respondent: The Motor Finance Corporation
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
14 January 2010
Case Number
NCT/ 281/2009/138 (1)(P)
Procedural Posture
Consent Order Application / Final Determination
Outcome
Consent order granted; draft consent order confirmed as an order of the Tribunal.
Judges
Tanya Woker
Legal Topics
Debt Restructuring, National Credit Act, Consent Order, Debt Review, Consumer Protection
Banking and Finance Civil Procedure Debt Restructuring National Credit Act Consent Order Debt Review Consumer Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 14
Sign in to unlock

Parties

Raesetse Grace Mphahlele

Applicant

ABSA Bank Limited

Respondent

African Bank Limited

Respondent

Lubners t/a Relaynt Group (Pty) Ltd

Respondent

The Motor Finance Corporation

Respondent

Procedural Posture

Consent Order Application / Final Determination

Legal Issues

  1. 1 Whether the applicant qualifies for a debt rearrangement order under the National Credit Act.
  2. 2 Whether the parties have validly consented to the proposed debt restructuring agreement.
  3. 3 Whether the Tribunal should confirm the draft consent order as an order of the Tribunal.

Ratio Decidendi

The Tribunal found that the applicant had applied for debt review in terms of the National Credit Act and that the debt counsellor had determined she was experiencing difficulty in meeting her obligations under the relevant credit agreements. The debt counsellor recommended a restructuring of payment instalments, and all credit providers consented to the proposed agreement. The Tribunal was satisfied that the requirements of section 86(7)(b) and section 138(1) of the Act were met, and therefore confirmed the draft consent order as 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; draft consent order confirmed as an order of the Tribunal.

Orders

  • The draft consent order formulated as the order of the Tribunal attached hereto and marked Annexure 'A' is confirmed.
  • The payment structures of the agreement between the applicant and the respondents as set out in Annexure 'B' are made an order of the National Consumer Tribunal.