Wason and Another v Absa Bank Limited and Others (NCT/23946/2015/165(1)(P)) [2017] ZANCT 62 (15 May 2017)

Wason and Another v Absa Bank Limited and Others (NCT/23946/2015/165(1)(P)) [2017] ZANCT 62 (15 May 2017)

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.

Citation
[2017] ZANCT 62
Parties
Applicant: Ian Romer Wason; Respondent: Tonny Nelson Matjila; Respondent: Absa Bank Limited; Respondent: Discovery Credit Card; Respondent: First National Bank Limited; Respondent: Foschini Retail Group Ltd; Respondent: Nedbank Limited; Respondent: RCS Cards (Pty) Ltd; Respondent: Standard Bank of South Africa Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 May 2017
Case Number
NCT/23946/2015/165(1)(P)
Procedural Posture
Variation Application / Order Varying Previous Debt Re Arrangement Order
Outcome
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.
Judges
J Simpson
Legal Topics
Debt Rearrangement, National Credit Act, Variation of Order, Consumer Protection
Banking and Finance Civil Procedure Debt Rearrangement National Credit Act Variation of Order Consumer Protection

Case Brief

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Parties

Ian Romer Wason

Applicant

Tonny Nelson Matjila

Respondent

Absa Bank Limited

Respondent

Discovery Credit Card

Respondent

First National Bank Limited

Respondent

Foschini Retail Group Ltd

Respondent

Nedbank Limited

Respondent

RCS Cards (Pty) Ltd

Respondent

Standard Bank of South Africa Limited

Respondent

Procedural Posture

Variation Application / Order Varying Previous Debt Re Arrangement Order

Legal Issues

  1. 1 Whether the repayment terms for the FNB loan account should be varied to match the acceptance letter from FNB.
  2. 2 Whether the debt counsellor's name should be included in the order.
  3. 3 Whether the varied order complies with the National Credit Act.

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.

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.