Wason obo Van Zyl and Another v Absa Bank Limited and Others (NCT/27038/2015/138) [2017] ZANCT 90 (23 February 2017)

Wason obo Van Zyl and Another v Absa Bank Limited and Others (NCT/27038/2015/138) [2017] ZANCT 90 (23 February 2017)

The Tribunal found that the omission of the second Foschini account in the original debt re-arrangement order was an error. The applicant's request for variation was justified to ensure all debts are included in the re-arrangement process as contemplated by the National Credit Act. The Tribunal was satisfied that the parties are subject to a debt re-arrangement facilitated by a debt counsellor under section 86(7)(b) read with section 138(1) of the Act. The varied order now includes the omitted Foschini account, and all other details of the original order remain unchanged. The Tribunal confirmed the payment structure as an order in terms of section 150 of the Act and reminded the parties...

Citation
[2017] ZANCT 90
Parties
Applicant: Ian Romer Wason; Respondent: Pieter Johannes Van Zyl; Respondent: Bonnie Van Zyl; Respondent: Absa Bank Limited; Respondent: African Bank Limited; Respondent: Direct Axis (SA) (Pty) Ltd on behalf of Firstrand Bank Limited; Respondent: Edcon (Pty) Ltd t/a Edgars; Respondent: First National Bank, a division of Firstrand Bank Limited; Respondent: Foschini Retail Group (Pty) Ltd; Respondent: Mass Stores (Pty) Ltd; Respondent: Motor Finance Corporation, a division of Nedbank Limited; Respondent: Mr Price, a division of the Mr Price Group Limited; Respondent: Nedbank Limited; Respondent: SA Home Loans (Pty) Ltd; Respondent: Standard Bank of South Africa Limited; Respondent: Truworths Limited; Respondent: Wesbank, a division of Firstrand Bank Limited; Respondent: Woolworths (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
23 February 2017
Case Number
NCT/27038/2015/138
Procedural Posture
Variation Application / Order Varying Previous Debt Re Arrangement Order
Outcome
The application for variation of the original debt re-arrangement order is granted. The order is varied to include the omitted Foschini account.
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

Pieter Johannes Van Zyl

Respondent

Bonnie Van Zyl

Respondent

Absa Bank Limited

Respondent

African Bank Limited

Respondent

Direct Axis (SA) (Pty) Ltd on behalf of Firstrand Bank Limited

Respondent

Edcon (Pty) Ltd t/a Edgars

Respondent

First National Bank, a division of Firstrand Bank Limited

Respondent

Foschini Retail Group (Pty) Ltd

Respondent

Mass Stores (Pty) Ltd

Respondent

Motor Finance Corporation, a division of Nedbank Limited

Respondent

Mr Price, a division of the Mr Price Group Limited

Respondent

Nedbank Limited

Respondent

SA Home Loans (Pty) Ltd

Respondent

Standard Bank of South Africa Limited

Respondent

Truworths Limited

Respondent

Wesbank, a division of Firstrand Bank Limited

Respondent

Woolworths (Pty) Ltd

Respondent

Procedural Posture

Variation Application / Order Varying Previous Debt Re Arrangement Order

Legal Issues

  1. 1 Whether the original debt re-arrangement order should be varied to include an omitted Foschini account.
  2. 2 Whether the varied order complies with the requirements of the National Credit Act.
  3. 3 What are the legal consequences of non-compliance with the Tribunal's order.

Ratio Decidendi

The Tribunal found that the omission of the second Foschini account in the original debt re-arrangement order was an error. The applicant's request for variation was justified to ensure all debts are included in the re-arrangement process as contemplated by the National Credit Act. The Tribunal was satisfied that the parties are subject to a debt re-arrangement facilitated by a debt counsellor under section 86(7)(b) read with section 138(1) of the Act. The varied order now includes the omitted Foschini account, and all other details of the original order remain unchanged. The Tribunal confirmed the payment structure as an order in terms of section 150 of the Act and reminded the parties...

Court Disposition

The application for variation of the original debt re-arrangement order is granted. The order is varied to include the omitted Foschini account.

Orders

  • The payment structure between the consumers and the credit providers is confirmed as an order of the Tribunal in terms of section 150 of the National Credit Act.
  • The Foschini account number 0011510000924311863 is included in the debt re-arrangement order as loan number 23.