Adams v Game (NCT/71652/2016/114(1)NCA) [2017] ZANCT 36 (16 February 2017)

Adams v Game (NCT/71652/2016/114(1)NCA) [2017] ZANCT 36 (16 February 2017)

The Tribunal found that the Applicant, through his agent Accord Debt Solutions CC, made valid requests for a statement of account from the Respondent, which were not complied with. The Respondent failed to file any response or appear at the hearing, and the application was properly served. Section 110 of the National Credit Act obliges the credit provider to deliver the requested statement within the prescribed period. The Tribunal held that the Applicant is entitled to the statement and granted the application, ordering the Respondent to provide the required information within 22 business days.

Citation
[2017] ZANCT 36
Parties
Applicant: Timothy David Adams; Respondent: GAME
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
16 February 2017
Case Number
NCT/71652/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 NCA
Outcome
Application granted; Respondent ordered to provide statement of account to Applicant or his agent within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Statement Rights, Default Judgment, Credit Provider Obligations
Civil Procedure Banking and Finance National Credit Act Consumer Statement Rights Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Timothy David Adams

Applicant

GAME

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Order Under Section 114 NCA

Legal Issues

  1. 1 Whether the Respondent, as credit provider, failed to provide the Applicant with a statement of account as required by section 110 of the National Credit Act.
  2. 2 Whether the Tribunal should order the Respondent to provide the requested statement under section 114 of the National Credit Act.

Ratio Decidendi

The Tribunal found that the Applicant, through his agent Accord Debt Solutions CC, made valid requests for a statement of account from the Respondent, which were not complied with. The Respondent failed to file any response or appear at the hearing, and the application was properly served. Section 110 of the National Credit Act obliges the credit provider to deliver the requested statement within the prescribed period. The Tribunal held that the Applicant is entitled to the statement and granted the application, ordering the Respondent to provide the required information within 22 business days.

Court Disposition

Application granted; Respondent ordered to provide statement of account to Applicant or his agent within 22 business days.

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicant and/or his agent, at his direction, with a statement containing the current balance, amounts credited or debited, amounts overdue and when due, and amounts currently payable and the date due, for account reference number 5022190303737995.