Nedbank Limited v Sager and Others (NCT/91421/2017/165) [2018] ZANCT 17 (5 February 2018)

Nedbank Limited v Sager and Others (NCT/91421/2017/165) [2018] ZANCT 17 (5 February 2018)

The Tribunal found that the original debt re-arrangement order contained an obvious error in the payment terms for the Nedbank Bond Account, as the acceptance letter reflected duplicate instalments for overlapping periods. The error was common to the parties and was not corrected before the order was granted. The application for variation was properly served, and no respondents contested the application. In terms of Section 165(b) of the National Credit Act, the Tribunal is empowered to vary its order to correct such an error. The Tribunal accordingly granted the application to vary the order to reflect the correct payment terms as set out in the applicant's corrected acceptance letter.

Citation
[2018] ZANCT 17
Parties
Applicant: Nedbank Limited; Respondent: Benay Sager; Respondent: Monwabisi Cokile; Respondent: Peggy Cokile; Respondent: JET o.b.o EDCON (PTY) LTD; Respondent: RCS GENERAL PURPOSE RCS CARD; Respondent: RUSSELS, A DIVISION OF CENTURY CAPITAL (PTY) LTD; Respondent: STANDARD ABNK OF SOUTH AFRICA LIMITED; Respondent: THE MOTOR FINANCE CORPORATION (MFC), A DIVISION OF NEDBANK LIMITED; Respondent: WESBANK, A DIVISION OF FIRSTRAND BANK LIMITED; Respondent: WOOLWORTHS (PTY) LTD; Respondent: WOOLWORTHS FINANCIAL SERVICES (PTY) LTD
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
5 February 2018
Case Number
NCT/91421/2017/165
Procedural Posture
Variation Application / Application to Vary or Rescind a Debt Re Arrangement Order Under Section 165 of the National Credit Act
Outcome
Application to vary the order is granted.
Judges
A Potwana, H Devraj, J Simpson
Legal Topics
National Credit Act, Debt Restructuring, Variation of Order, Default Judgment
Banking and Finance Civil Procedure National Credit Act Debt Restructuring Variation of Order Default Judgment

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Parties

Nedbank Limited

Applicant

Benay Sager

Respondent

Monwabisi Cokile

Respondent

Peggy Cokile

Respondent

JET o.b.o EDCON (PTY) LTD

Respondent

RCS GENERAL PURPOSE RCS CARD

Respondent

RUSSELS, A DIVISION OF CENTURY CAPITAL (PTY) LTD

Respondent

STANDARD ABNK OF SOUTH AFRICA LIMITED

Respondent

THE MOTOR FINANCE CORPORATION (MFC), A DIVISION OF NEDBANK LIMITED

Respondent

WESBANK, A DIVISION OF FIRSTRAND BANK LIMITED

Respondent

WOOLWORTHS (PTY) LTD

Respondent

WOOLWORTHS FINANCIAL SERVICES (PTY) LTD

Respondent

Procedural Posture

Variation Application / Application to Vary or Rescind a Debt Re Arrangement Order Under Section 165 of the National Credit Act

Legal Issues

  1. 1 Whether the Tribunal's previous debt re-arrangement order contained an obvious error in the payment terms for the Nedbank Bond Account.
  2. 2 Whether the order should be varied under Section 165 of the National Credit Act due to the error.
  3. 3 Whether the application for variation was properly served and uncontested.

Ratio Decidendi

The Tribunal found that the original debt re-arrangement order contained an obvious error in the payment terms for the Nedbank Bond Account, as the acceptance letter reflected duplicate instalments for overlapping periods. The error was common to the parties and was not corrected before the order was granted. The application for variation was properly served, and no respondents contested the application. In terms of Section 165(b) of the National Credit Act, the Tribunal is empowered to vary its order to correct such an error. The Tribunal accordingly granted the application to vary the order to reflect the correct payment terms as set out in the applicant's corrected acceptance letter.

Court Disposition

Application to vary the order is granted.

Orders

  • The application to vary the order is granted. The varied order is attached as 'Annexure A'.
  • There is no order as to costs.