Biyela v Capitec (NCT/71273/2016/114(1)NCA) [2017] ZANCT 13 (15 February 2017)

Biyela v Capitec (NCT/71273/2016/114(1)NCA) [2017] ZANCT 13 (15 February 2017)

The Tribunal found that the Applicant, through his authorized agent, made valid requests for a statement of account from the Respondent, who failed to comply. Section 110 of the National Credit Act obliges credit providers to deliver such statements upon request, and section 114 empowers the Tribunal to order compliance. The Respondent did not oppose the application or attend the hearing, and service was properly effected. The Tribunal was satisfied that the Applicant was entitled to the relief sought and granted the application on a default basis, ordering the Respondent to provide the required statement within 22 business days.

Citation
[2017] ZANCT 13
Parties
Applicant: Mdumiseni Petric Biyela; Respondent: Capitec
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71273/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Statement Under Section 114 NCA
Outcome
Application granted on a default basis; Respondent ordered to provide statement of account.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Rights, Account Statement Request
Banking and Finance Civil Procedure National Credit Act Consumer Rights Account Statement Request

Case Brief

Summary, issues, holding and outcome

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Parties

Mdumiseni Petric Biyela

Applicant

Capitec

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent is obliged to provide the Applicant with a statement of account under section 110 of the National Credit Act.
  2. 2 Whether the Applicant's agent was lawfully entitled to request the statement on his behalf.
  3. 3 Whether the Tribunal should grant the application in default due to the Respondent's non-participation.

Ratio Decidendi

The Tribunal found that the Applicant, through his authorized agent, made valid requests for a statement of account from the Respondent, who failed to comply. Section 110 of the National Credit Act obliges credit providers to deliver such statements upon request, and section 114 empowers the Tribunal to order compliance. The Respondent did not oppose the application or attend the hearing, and service was properly effected. The Tribunal was satisfied that the Applicant was entitled to the relief sought and granted the application on a default basis, ordering the Respondent to provide the required statement within 22 business days.

Court Disposition

Application granted on a default basis; Respondent ordered to provide statement of account.

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, all credited and debited amounts, overdue amounts and their due dates, and any amount currently payable and its due date for account reference 0708151428008967.