South Africa Case Law

Capitec Bank Limited v Gardner and Others (NCT/133226/2019/165)

Capitec Bank Limited v Gardner and Others (NCT/133226/2019/165) [2019] ZANCT 125 (14 August 2019)

Court

National Consumer Tribunal

Case number

NCT/133226/2019/165

Judges

H Devraj, K Moodaliyar, B Dumisa

The Tribunal found that the applicant had lawfully terminated the debt review process and notified the relevant parties. The debt counsellor subsequently included the Capitec Bank Limited loan agreement in a Section 138 application for a consent order after the termination, which was not permissible. No opposition was filed by the respondents, and the facts alleged by the applicant were deemed admitted. The Tribunal held that the consent order was erroneously sought and, in accordance with Section 165 of the National Credit Act, rescinded the order granted on 20 November 2018. The Tribunal wa…

Source excerpt

• National Credit Act Section 165
• Debt Review Termination
• Rescission Of Consent Order

Absa Bank Limited v Senay Sager and Others (NCT/112462/2018/165)

Absa Bank Limited v Senay Sager and Others (NCT/112462/2018/165) [2018] ZANCT 126 (20 September 2018)

Court

National Consumer Tribunal

Case number

NCT/112462/2018/165

Judges

J Simpson, H Devraj, A Potwana

The Tribunal refused ABSA’s application to vary or rescind a debt rearrangement order, holding that res judicata barred a repeat application on the same facts.

• National Credit Act Section 165
• Debt Restructuring
• Res Judicata
• Variation Of Order
• National-credit-act
• Section-165

Absa Bank Ltd v Sager and Others (NCT/108118/2018/165)

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The Tribunal rescinded a debt re-arrangement order after finding it had been sought on the basis of an erroneous ABSA acceptance letter and defaulted opposition.

• National Credit Act Section 165
• Rescission Of Order
• Debt Rearrangement
• Default Proceedings
• National-credit-act
• Rescission-of-order