National Credit Regulator v Sahibdeen (NCT/666/2010/57(1)(a)(c)(P)) [2010] ZANCT 13 (3 November 2010)

National Credit Regulator v Sahibdeen (NCT/666/2010/57(1)(a)(c)(P)) [2010] ZANCT 13 (3 November 2010)

The Tribunal found that the respondent had accepted responsibility for the repayment of R105 011,93 to twelve consumers and did not oppose the cancellation of his registration. The Tribunal rejected the respondent's proposal to repay the amount in monthly installments, determining that repayment should be made in accordance with the order issued. The Tribunal was satisfied that the requirements for cancellation under section 57(1)(a) and (c) of the National Credit Act were met and that the respondent was liable to repay the identified consumers. Accordingly, the respondent's registration as a debt counselor was cancelled with immediate effect, and he was ordered to repay the specified...

Citation
[2010] ZANCT 13
Parties
Applicant: National Credit Regulator; Respondent: Jugdeesh Sahibdeen
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
3 November 2010
Case Number
NCT/666/2010/57(1)(a)(c)(P)
Procedural Posture
Review Application / Ruling on Application for Cancellation of Registration
Outcome
The respondent's registration as a debt counselor is cancelled with immediate effect. The respondent is ordered to repay R105 011,93 to twelve identified consumers as set out in the order issued.
Judges
Yasmin Carrim, Penelope Beck, Laura Best
Legal Topics
Debt Counselor Registration, National Credit Act, Default Judgment, Repayment of Consumer Funds
Banking and Finance Civil Procedure Debt Counselor Registration National Credit Act Default Judgment Repayment of Consumer Funds

Case Brief

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Parties

National Credit Regulator

Applicant

Jugdeesh Sahibdeen

Respondent

Procedural Posture

Review Application / Ruling on Application for Cancellation of Registration

Legal Issues

  1. 1 Whether the respondent's registration as a debt counselor should be cancelled under section 57(1)(a) and (c) of the National Credit Act.
  2. 2 Whether the respondent is liable to repay the identified consumers the amount of R105 011,93.
  3. 3 Whether the repayment should be made in installments or as ordered by the Tribunal.

Ratio Decidendi

The Tribunal found that the respondent had accepted responsibility for the repayment of R105 011,93 to twelve consumers and did not oppose the cancellation of his registration. The Tribunal rejected the respondent's proposal to repay the amount in monthly installments, determining that repayment should be made in accordance with the order issued. The Tribunal was satisfied that the requirements for cancellation under section 57(1)(a) and (c) of the National Credit Act were met and that the respondent was liable to repay the identified consumers. Accordingly, the respondent's registration as a debt counselor was cancelled with immediate effect, and he was ordered to repay the specified...

Court Disposition

The respondent's registration as a debt counselor is cancelled with immediate effect. The respondent is ordered to repay R105 011,93 to twelve identified consumers as set out in the order issued.

Orders

  • The respondent's registration as a debt counselor is cancelled with immediate effect.
  • The respondent is ordered to repay R105 011,93 to twelve identified consumers as set out in the order issued.