Wesbank, A Division of First Rand Bank Ltd v Coetzee and Others (NCT/124350/2019/165) [2019] ZANCT 57 (17 April 2019)
Court
National Consumer Tribunal
Case number
NCT/124350/2019/165
Judges
J Simpson, P Beck, F Manamela
The Tribunal found that the order granted on 8 August 2018 did not reflect the agreed balance and monthly instalments for Wesbank account number 852[…], constituting an obvious error. In the absence of any answering affidavits from the Respondents, the Applicant's allegations were deemed admitted. Section 165(b) of the National Credit Act provides for variation of an order to correct an obvious error. The Tribunal was satisfied that the requirements for variation were met and that the error was clear and material. Accordingly, the Tribunal granted the application to vary the order to reflect…
Tshehla v Aucamp Eiendomsbeleggings t/a CA Motors (NCT/95341/2017/75(1)(b)) [2018] ZANCT 124 (21 September 2018)
Court
National Consumer Tribunal
Case number
NCT/95341/2017/75(1)(b)
Judge
M Peenze
The Tribunal postponed the leave-to-refer matter sine die and ordered the Respondent to file a condonation application and answering affidavit within 15 days.
Absa Bank Ltd v Sager and Others (NCT/108118/2018/165) [2018] ZANCT 50 (31 July 2018)
Court
National Consumer Tribunal
Case number
NCT/108118/2018/165
Judges
F Sibanda, J Simpson, A Potwana
The Tribunal rescinded a debt re-arrangement order after finding it had been sought on the basis of an erroneous ABSA acceptance letter and defaulted opposition.
Nikiwe v Lewis and Another (NCT/86875/2017/165) [2017] ZANCT 139 (22 December 2017)
Court
National Consumer Tribunal
Case number
NCT/86875/2017/165
Judges
J. Simpson, A. Potwana, H. Devraj
The Tribunal refused to rescind a consent order, holding that the applicant’s reasons did not show any error, ambiguity, omission, or common mistake under section 165.
Sager and Others v Absa Bank Limited and Others (NCT/87585/2017/165) [2017] ZANCT 121 (25 October 2017)
Court
National Consumer Tribunal
Case number
NCT/87585/2017/165
Judges
J Simpson, N Maseti, A Potwana
The Tribunal varied a debt re-arrangement order to include an omitted BMW interest-rate term, finding the omission was an obvious error under section 165 of the National Credit Act.