Wason and Another v Absa Bank Limited and Others (NCT/23946/2015/165(1)(P)) [2017] ZANCT 62 (15 May 2017)
- Citation
- [2017] ZANCT 62
- Status
- Order
- Jurisdiction
- South Africa
- Court
- National Consumer Tribunal
- Panel
- J Simpson
- Case number
- NCT/23946/2015/165(1)(P)
More details
- Court
- National Consumer Tribunal
- Panel
- J Simpson
- Case number
- NCT/23946/2015/165(1)(P)
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Tribunal found that the original repayment terms for the FNB loan account did not match the terms accepted by FNB, as evidenced by the acceptance letter. The Tribunal accepted the debt counsellor's application to vary the order to reflect the correct repayment terms and to include the debt counsellor's name. The Tribunal confirmed that the varied order complies with the National Credit Act and that all parties remain bound by the re-arrangement terms as varied. The Tribunal also reminded the parties of the consequences of non-compliance and the process for obtaining a clearance certificate once the debts are settled.
Court disposition
The application to vary the original debt re-arrangement order is granted. The order is varied to correct the repayment terms for the FNB loan account and to include the debt counsellor's name. All other terms remain unchanged.
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 repayment terms for the FNB loan account are varied to match the acceptance letter from FNB.
- The name of the debt counsellor is included in the order.
- Parties are reminded of their rights and obligations under sections 71(1), 71(5), and 152 of the National Credit Act.
- Failure to comply with the order constitutes an offence under section 160(1) of the Act.
02
Material facts
Parties
Ian Romer Wason
ApplicantTonny Nelson Matjila
RespondentAbsa Bank Limited
RespondentDiscovery Credit Card
RespondentFirst National Bank Limited
RespondentFoschini Retail Group Ltd
RespondentNedbank Limited
RespondentRCS Cards (Pty) Ltd
RespondentStandard Bank of South Africa Limited
RespondentAmounts and remedies
- Discovery Credit Card Current Outstanding: ZAR 5,514.5
- Foschini Retail Group Current Outstanding: ZAR 644.26
- Absa Bank Current Outstanding (account 000003035677663): ZAR 47,524.77
- Absa Bank Current Outstanding (account 4550270166284013): ZAR 7,875.47
- Nedbank Current Outstanding: ZAR 36,106.98
- RCS Cards Current Outstanding: ZAR 221.61
- First National Bank Current Outstanding: ZAR 360,507.1
- Standard Bank Current Outstanding: ZAR 23,526.98
03
Procedural history
Posture
Variation Application / Order Varying Previous Debt Re Arrangement Order
04
Questions and positions
Legal issues
- 01
Whether the repayment terms for the FNB loan account should be varied to match the acceptance letter from FNB.
- 02
Whether the debt counsellor's name should be included in the order.
- 03
Whether the varied order complies with the National Credit Act.
Party arguments
- Applicant
- The applicant, as debt counsellor, submitted that the repayment terms for the FNB loan account in the original order were incorrect and did not reflect the terms accepted by FNB. The applicant requested that the order be varied to align with the actual agreement and that the debt counsellor's name be included for clarity and compliance.
- Respondent
- The credit providers did not oppose the variation, as the proposed terms matched the acceptance letters and the debt re-arrangement was facilitated under section 86(7)(b) of the National Credit Act. No substantive objections were raised to the inclusion of the debt counsellor's name or the correction of repayment terms.
05
Court’s reasoning
Legal principles
- 01
Section 71(1) National Credit Act, Act 34 of 2005
A consumer whose debts have been re-arranged may apply for a clearance certificate at any time.
- 02
Section 71(5) National Credit Act, Act 34 of 2005
Upon receiving a clearance certificate, a credit bureau or the national credit register must expunge the record of the debt re-arrangement.
- 03
Section 152 National Credit Act, Act 34 of 2005
Any order of the Tribunal may be served, executed, and enforced as if it were an order of the High Court.
06
Ratio, limits and disposition
Ratio decidendi
The Tribunal found that the original repayment terms for the FNB loan account did not match the terms accepted by FNB, as evidenced by the acceptance letter. The Tribunal accepted the debt counsellor's application to vary the order to reflect the correct repayment terms and to include the debt counsellor's name. The Tribunal confirmed that the varied order complies with the National Credit Act and that all parties remain bound by the re-arrangement terms as varied. The Tribunal also reminded the parties of the consequences of non-compliance and the process for obtaining a clearance certificate once the debts are settled.
Obiter and limits
- The Tribunal emphasised that any order issued under the National Credit Act is enforceable as if it were an order of the High Court.
- The Tribunal reminded parties that failure to comply with the order constitutes an offence under section 160(1) of the Act.
Court disposition
The application to vary the original debt re-arrangement order is granted. The order is varied to correct the repayment terms for the FNB loan account and to include the debt counsellor's name. All other terms remain unchanged.
- 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 repayment terms for the FNB loan account are varied to match the acceptance letter from FNB.
- The name of the debt counsellor is included in the order.
- Parties are reminded of their rights and obligations under sections 71(1), 71(5), and 152 of the National Credit Act.
- Failure to comply with the order constitutes an offence under section 160(1) of the Act.
Source and reliance status
National Consumer Tribunal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
National Consumer Tribunal
Order
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 AT CENTURION
Case Number: NCT/23946/2015/165(1)(P)
In the matter between:
IAN
ROMER
WASON
APPLICANT
NCR REGISTRATION NUMBER: 1817
And
TONNY
NELSON MATJILA 1ST
CONSUMER
IDENTITY NUMBER: [8...]
ABSA
BANK LIMITED 1ST
CREDIT PROVIDER
DISCOVERY
CREDIT CARD 2ND
CREDIT PROVIDER
FIRST
NATIONAL BANK LIMITED 3RD
CREDIT PROVIDER
FOSCHINI
RETAIL GROUP LTD 4TH
CREDIT PROVIDER
NEDBANK LIMITED 5TH
CREDIT PROVIDER
RCS CARDS (PTY) LTD 6TH
CREDIT PROVIDER
STANDARD
BANK OF SOUTH AFRICA LIMITED 7TH
CREDIT PROVIDER
VARIED
CONSENT ORDER
The original order on this matter was issued on 4 September 2015. The debt counsellor subsequently informed the Tribunal that the repayment terms stated on the order for the FNB loan account [3...] were incorrect as they did not match the letter from FNB accepting the repayment proposal. The application to vary the order was granted and the order is now varied in this regard. The order also now includes the name of the debt counsellor. No other changes to the order have been made.
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
MONTHLY
ASSURANCE PREMIUM
INSURANCE
PREMIUM
DISCOVERY 4043070393863000 R5,514.50 41 2.06% R146.29
FOSCHINI
RETAIL GROUP 0016110000300502518 R644.26 17 2.45% R44.41
ABSA
BANK 000003035677663 R47,524.77 1 1.92% R34.98 57 1.92% R887.82
ABSA
BANK 4550270166284013 R7,875.47 2 2.17% R22.89 47 2.17% R174.31
NEDBANK 5898460858599152 R36,106.98 1 2.09% 56 2.09% R675.72 RCS 6010243100000114577 R221.61 35 2.20% R79.16
FIRST
NATIONAL BANK [3...] R360,507.10 60 month concession period. Thereafter normal contractual terms and conditions apply 7.78% R2,671.53 R236.54 R89.24
STANDARD
BANK 5221266264247833 R23,526.98 58 2.09% R438.24
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 certificateSection 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 15 May 2017
Adv J Simpson
Presiding member
National Consumer Tribunal
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