Wason and Another v Absa Bank Limited and Others (NCT/34680/2015/165(1)(P)) [2017] ZANCT 64 (15 May 2017)
The Tribunal found that the omission of the debt counsellor's name in the original consent order was a clerical error. The application for variation was granted to correct this error, and the order was amended accordingly. No other substantive changes were made to the original order. The Tribunal confirmed that the...
Source-derived case information.
- Citation
- [2017] ZANCT 64
- Parties
- Applicant: Ian Romer Wason; Applicant: Lenard Thomas Wynne; Respondent: ABSA Bank Limited; Respondent: African Bank Limited; Respondent: Capitec Bank Limited; Respondent: RCS Cape Union Mart; Respondent: RCS Verimark; Respondent: Standard Bank of South Africa Limited
- Court
- National Consumer Tribunal
- Jurisdiction
- South Africa
- Case Number
- NCT/34680/2015/165(1)(P)
- Procedural Posture
- Variation Application / Order on Application to Vary Consent Order
- Outcome
- Application for variation of the consent order granted; order amended to include the name of the debt counsellor.
- Judges
- J Simpson
- Legal Topics
- Debt Rearrangement, National Credit Act, Consent Order Variation, Enforcement of Tribunal Orders
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ian Romer Wason
Applicant
Lenard Thomas Wynne
Applicant
ABSA Bank Limited
Respondent
African Bank Limited
Respondent
Capitec Bank Limited
Respondent
RCS Cape Union Mart
Respondent
RCS Verimark
Respondent
Standard Bank of South Africa Limited
Respondent
Procedural Posture
Variation Application / Order on Application to Vary Consent Order
Legal Issues
- 1 Whether the consent order should be varied to include the name of the debt counsellor.
- 2 Whether the amended order remains enforceable under the National Credit Act.
Ratio Decidendi
The Tribunal found that the omission of the debt counsellor's name in the original consent order was a clerical error. The application for variation was granted to correct this error, and the order was amended accordingly. No other substantive changes were made to the original order. The Tribunal confirmed that the amended order remains enforceable under the National Credit Act and that parties are bound by its terms. The Tribunal also drew attention to the relevant provisions of the Act regarding clearance certificates and enforcement of Tribunal orders.
Court Disposition
Application for variation of the consent order granted; order amended to include the name of the debt counsellor.
Orders
- 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.
- The parties' attention is drawn to sections 71(1), 71(5)(a), and 152 of the Act regarding clearance certificates and enforcement.
Full Case Text
Judgment text and source record
23 paragraphs
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