Wason and Another v Absa Bank Limited and Others (NCT/34680/2015/165(1)(P)) [2017] ZANCT 64 (15 May 2017)

SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

IN

THE NATIONAL CONSUMER TRIBUNAL HELD IN CENTURION

Case Number: NCT/34680/2015/165(1)(P)

In the matter between:

IAN

ROMER

WASON

APPLICANT

NCR REGISTRATION NUMBER: 1817

LENARD

THOMAS WYNNE

IDENTITY NUMBER [6...]

AND

CONSUMER

ABSA

BANK LIMITED 1ST

CREDIT PROVIDER

AFRICAN

BANK LIMITED 2ND

CREDIT PROVIDER

CAPITEC

BANK LIMITED 3RD

CREDIT PROVIDER

RCS

CAPE UNION MART 4TH

CREDIT PROVIDER

RCS

VERIMARK 5TH

CREDIT PROVIDER

STANDARD

BANK OF SOUTH AFRICA LIMITED 6TH

CREDIT PROVIDER

VARIED

CONSENT ORDER

The original order on this matter was granted on 16 May 2016. The debt counsellor subsequently informed the Tribunal that the name of the debt counsellor had been omitted from the order and applied for it to be varied. The application for variation was granted and the order has now been amended to include the name of the debt counsellor. No other changes have been made to the order.

The Tribunal, having read the papers filed of record and being satisfied that the Applicant(s) and The Respondent(s) are parties to a debt re-arrangement facilitated by a Debt Counsellor under section 86(7)(b) read with section 138(1) of The National Credit Act, Act 34 of 2005 (the Act), hereby makes the following order:

1. The payment structure between the consumer (s)and the credit provider(s) is confirmed as an order of the Tribunal in terms of section 150 of the Act

Credit Provider Reference Current Outstanding Proposed Payment Period Proposed Annual Interest Proposed Instalment 1

RCS CAPE UNION MART 6.01E+018 R1,310.83 16 0.76% R92.68 2

RCS VERIMARK 6.01E+018 R2,036.11 34 0.76% R65.26 3

CAPITEC BANK LIMITED 1355831723 R79,645.07 62 2.63% R1,310.00 4

CAPITEC BANK LIMITED 1385523415 R14,499.00 55 2.78% R265.56 5

ABSA BANK LIMITED 5.47E+015 R10,246.20 1 0.79% R0.00 1 R138.64 56 R195.18 6

AFRICAN BANK LIMITED 75007352457 R7,461.05 Until settled 2.33% R220.42 7

ABSA BANK LIMITED 85679614 R69,289.32 1 8.19% R0.00 1 R662.02 58 R1,162.52 21 R1,379.13 8

STANDARD BANK OF SOUTH AFRICA

LIMITED 402196597 R13,631.07 59 2.33% R240.21

2. The parties' attention is drawn to sections 71(1),71(5)(a) and 152 of the Act which states as follows:

Section 71(1).

A consumer, whose debts have been re-arranged in terms of part D of this chapter, may apply to a debt counsellor at any time for a clearance certificate

Section 71(5)

Upon receiving a copy of a clearance certificate, a credit bureau, or the national credit register must expunge from it's records the fact that the consumer was subject to the relevant debt re-arrangement order or agreement

Section 152

Any decision, judgement or order of the Tribunal may be served, executed and enforced as if it were an order of the High Court.

3. The parties are warned that failure to comply with the order of the Tribunal constitutes an offence in terms of section 160(1) of the Act

Dated at CENTURION on 15 May 2017

Adv J Simpson Presiding Member National Consumer Tribunal