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South Africa Case Law

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Banking And Finance [2017] ZANCT 106

Absa Bank Limited v Sager and Others (NCT/79160/2017/165)

Absa Bank Limited v Sager and Others (NCT/79160/2017/165) [2017] ZANCT 106 (21 September 2017)

Court
National Consumer Tribunal
Case number
NCT/79160/2017/165
Judges
J Simpson, P Beck, A Potwana

The Tribunal found that the debt review proposal, including the reduced interest rates, was expressly accepted by the applicant and made an order by consent. There was no evidence of error, omission, or mistake common to all parties in the granting of the order. The Tribunal distinguished the Jones judgment, noting that it applies to Magistrates' Court orders imposed without consent, whereas the Tribunal's process requires express agreement from all credit providers. The applicant failed to provide evidence supporting its claim that the repayments would not satisfy the outstanding balance, de…

Source excerpt

  • Debt Review
  • Consent Order
  • Variation Of Order
  • Interest Rate Reduction
  • Default Judgment
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Civil Procedure [2011] ZAECGHC 11

SA Taxi Securitisation (Pty) Ltd v Mongezi Moni and Others (CA 265/10, CA 266/10, CA 267/10)

SA Taxi Securitisation (Pty) Ltd v Mongezi Moni and Others (CA 265/10, CA 266/10, CA 267/10) [2011] ZAECGHC 11 (28 April 2011)

Court
Eastern Cape High Court, Grahamstown
Case number
CA 265/10, CA 266/10, CA 267/10
Judges
E Revelas, G Goosen

The appeal succeeded because the magistrate acted ultra vires in reducing the interest rates stipulated in the lease agreements, which is not permitted under section 86(7)(c)(ii)(aa) of the National Credit Act. The magistrate also erred in finding that service of the debt review applications was properly effected by sheriff when, in fact, it was by fax without the appellant's consent. While defective service alone did not constitute a substantial defence, the appellant was entitled to rescission and its day in court to dispute over-indebtedness and the debt restructuring proposals. The respon…

Source excerpt

  • Magistrates Court Rescission
  • National Credit Act
  • Debt Review Process
  • Service Of Process
  • Interest Rate Reduction
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.