Van Rensburg v Wesbank a Division of First Rand Bank (NCT/210/2009/138(1) (P)) [2009] ZANCT 15 (26 October 2009)

Van Rensburg v Wesbank a Division of First Rand Bank (NCT/210/2009/138(1) (P)) [2009] ZANCT 15 (26 October 2009)

The Tribunal was satisfied that the applicant and respondent had entered into a debt rearrangement agreement facilitated by a debt counsellor, with the consent of all relevant parties. The draft consent order, which restructures the payment instalments and extends the payment period, was confirmed as an order of the Tribunal in terms of section 86(7) read with section 138(1) of the National Credit Act. The parties were warned that non-compliance with the order constitutes an offence under section 160(1) of the Act.

Citation
[2009] ZANCT 15
Parties
Applicant: Marius Janse Van Rensburg; Respondent: Wesbank a division of First Rand Bank
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
26 October 2009
Case Number
NCT/210/2009/138(1) (P)
Procedural Posture
Consent Order Application / Final Determination
Outcome
Draft consent order confirmed as an order of the Tribunal.
Judges
F. Manamela
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

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Parties

Marius Janse Van Rensburg

Applicant

Wesbank a division of First Rand Bank

Respondent

Procedural Posture

Consent Order Application / Final Determination

Legal Issues

  1. 1 Whether the parties have validly consented to a debt rearrangement order under the National Credit Act.
  2. 2 Whether the Tribunal should confirm the draft consent order as an order of the Tribunal.

Ratio Decidendi

The Tribunal was satisfied that the applicant and respondent had entered into a debt rearrangement agreement facilitated by a debt counsellor, with the consent of all relevant parties. The draft consent order, which restructures the payment instalments and extends the payment period, was confirmed as an order of the Tribunal in terms of section 86(7) read with section 138(1) of the National Credit Act. The parties were warned that non-compliance with the order constitutes an offence under section 160(1) of the Act.

Court Disposition

Draft consent order confirmed as an order of the Tribunal.

Orders

  • The payment structures set out in Annexure B are made an order of the National Consumer Tribunal.
  • The agreement restructures the payment instalment by extending the payment period as indicated in Annexure C.