Wiesie and Another v Wesbank and Others (NCT/19119/2014/138(1)(P)) [2015] ZANCT 20 (31 August 2015)

Wiesie and Another v Wesbank and Others (NCT/19119/2014/138(1)(P)) [2015] ZANCT 20 (31 August 2015)

The Tribunal was satisfied that the applicants and respondents are parties to a debt re-arrangement facilitated by a debt counsellor in terms of the National Credit Act. The application to vary the previous order was upheld, and the revised payment structure was confirmed as an order of the Tribunal under section 150 of the Act. The Tribunal emphasized the enforceability of its orders and the consequences of non-compliance under section 160(1) of the Act.

Citation
[2015] ZANCT 20
Parties
Applicant: Tommie Wiesie; Applicant: Anna Wiesie; Respondent: Wesbank; Respondent: First National Bank; Respondent: Capfin (Pty) Ltd; Respondent: MDD
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
31 August 2015
Case Number
NCT/19119/2014/138(1)(P)
Procedural Posture
Variation Application / Order Varying Previous Debt Re Arrangement Order
Outcome
Application to vary the debt re-arrangement order is upheld and the revised payment structure is confirmed as an order of the Tribunal.
Judges
P A Beck
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

Tommie Wiesie

Applicant

Anna Wiesie

Applicant

Wesbank

Respondent

First National Bank

Respondent

Capfin (Pty) Ltd

Respondent

MDD

Respondent

Procedural Posture

Variation Application / Order Varying Previous Debt Re Arrangement Order

Legal Issues

  1. 1 Whether the debt re-arrangement order granted on 27 January 2015 should be varied as applied for by the applicants.
  2. 2 Whether the payment structure between the consumers and the credit providers complies with the National Credit Act.

Ratio Decidendi

The Tribunal was satisfied that the applicants and respondents are parties to a debt re-arrangement facilitated by a debt counsellor in terms of the National Credit Act. The application to vary the previous order was upheld, and the revised payment structure was confirmed as an order of the Tribunal under section 150 of the Act. The Tribunal emphasized the enforceability of its orders and the consequences of non-compliance under section 160(1) of the Act.

Court Disposition

Application to vary the debt re-arrangement order is upheld and the revised payment structure is confirmed as an order of the Tribunal.

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 parties are directed to comply with the revised payment terms as set out in the order.