Basson v Standard Bank of South Africa Ltd (NCT/70993/2017/141(1)) [2017] ZANCT 82 (28 July 2017)

Basson v Standard Bank of South Africa Ltd (NCT/70993/2017/141(1)) [2017] ZANCT 82 (28 July 2017)

The Tribunal found that Standard Bank had conducted a reasonable and objective assessment of Ms. Basson's income and expenses before granting her the credit facilities. The evidence, including the transcript of the telephonic assessment and confirmation by Ms. Basson, demonstrated that she had sufficient means to afford the repayments. Ms. Basson did not provide substantial evidence to challenge the bank's assessment or establish reckless lending. The Tribunal concluded that there was no reasonable prospect of success for her claim and refused leave to refer the matter directly to the Tribunal.

Citation
[2017] ZANCT 82
Parties
Applicant: Debra Basson; Respondent: The Standard Bank of South Africa Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
28 July 2017
Case Number
NCT/70993/2017/141(1)
Procedural Posture
Review Application / Application for Leave to Refer Complaint to Tribunal Under Section 141(1)(b) of the NCA
Outcome
Application for leave to refer the complaint directly to the Tribunal is refused.
Judges
J Simpson, D Terblanche, H Devraj
Legal Topics
National Credit Act, Reckless Lending, Affordability Assessment, Leave to Refer, Credit Agreement
Banking and Finance Civil Procedure National Credit Act Reckless Lending Affordability Assessment Leave to Refer Credit Agreement

Case Brief

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Parties

Debra Basson

Applicant

The Standard Bank of South Africa Ltd

Respondent

Procedural Posture

Review Application / Application for Leave to Refer Complaint to Tribunal Under Section 141(1)(b) of the NCA

Legal Issues

  1. 1 Whether the applicant should be granted leave to refer her complaint directly to the Tribunal under section 141(1)(b) of the National Credit Act.
  2. 2 Whether there is a reasonable prospect of success that Standard Bank engaged in reckless lending in granting credit facilities to the applicant.

Ratio Decidendi

The Tribunal found that Standard Bank had conducted a reasonable and objective assessment of Ms. Basson's income and expenses before granting her the credit facilities. The evidence, including the transcript of the telephonic assessment and confirmation by Ms. Basson, demonstrated that she had sufficient means to afford the repayments. Ms. Basson did not provide substantial evidence to challenge the bank's assessment or establish reckless lending. The Tribunal concluded that there was no reasonable prospect of success for her claim and refused leave to refer the matter directly to the Tribunal.

Court Disposition

Application for leave to refer the complaint directly to the Tribunal is refused.

Orders

  • The applicant's application for leave to refer the matter directly to the Tribunal is refused.
  • There is no order as to costs.