Van Biljon v Absa Bank Ltd and Others (NCT/ 362/2009/138 (1)(P)) [2010] ZANCT 33 (2 March 2010)

Van Biljon v Absa Bank Ltd and Others (NCT/ 362/2009/138 (1)(P)) [2010] ZANCT 33 (2 March 2010)

The Tribunal found that the applicant is experiencing difficulty in meeting her credit obligations and that the debt counsellor's recommendation for restructuring payments is supported by all credit providers. The Tribunal is satisfied that the requirements of sections 86(7) and 138(1) of the National Credit Act have been met, and that the parties have validly consented to the proposed debt rearrangement. Accordingly, the Tribunal confirms the draft consent order as an order of the Tribunal, making the new payment structure binding on all parties.

Citation
[2010] ZANCT 33
Parties
Applicant: Magdaline Caroline van Biljon; Respondent: Absa Bank Limited; Respondent: African Bank Limited; Respondent: Consumer Friend (Woolworths Account); Respondent: Edcon (Pty) Limited (Jet Stores Account)
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
2 March 2010
Case Number
NCT/ 362/2009/138 (1)(P)
Procedural Posture
Consent Order Application / Debt Rearrangement Order Under Section 86(7) and 138 of the National Credit Act
Outcome
Consent order granted; debt repayment terms restructured and made an order of the Tribunal.
Judges
Laura Best
Legal Topics
Debt Restructuring, National Credit Act, Consent Order, Debt Review
Banking and Finance Civil Procedure Debt Restructuring National Credit Act Consent Order Debt Review

Case Brief

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Parties

Magdaline Caroline van Biljon

Applicant

Absa Bank Limited

Respondent

African Bank Limited

Respondent

Consumer Friend (Woolworths Account)

Respondent

Edcon (Pty) Limited (Jet Stores Account)

Respondent

Procedural Posture

Consent Order Application / Debt Rearrangement Order Under Section 86(7) and 138 of the National Credit Act

Legal Issues

  1. 1 Whether the applicant qualifies for a debt rearrangement order under the National Credit Act.
  2. 2 Whether the consent order restructuring payment obligations is compliant with the Act.
  3. 3 Whether all parties have validly consented to the proposed debt restructuring.

Ratio Decidendi

The Tribunal found that the applicant is experiencing difficulty in meeting her credit obligations and that the debt counsellor's recommendation for restructuring payments is supported by all credit providers. The Tribunal is satisfied that the requirements of sections 86(7) and 138(1) of the National Credit Act have been met, and that the parties have validly consented to the proposed debt rearrangement. Accordingly, the Tribunal confirms the draft consent order as an order of the Tribunal, making the new payment structure binding on all parties.

Court Disposition

Consent order granted; debt repayment terms restructured and made 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 set out in Annexure 'B' are made an order of the Tribunal.