Cele v Capitec (NCT/71666/2016/114(1)NCA) [2017] ZANCT 38 (15 February 2017)

Cele v Capitec (NCT/71666/2016/114(1)NCA) [2017] ZANCT 38 (15 February 2017)

The Tribunal found that the Applicant was entitled to request a statement of account from the Respondent under section 110 of the National Credit Act. The Applicant's agent, Accord Debt Solutions CC, was lawfully authorized to act on his behalf by virtue of a power of attorney. The Respondent failed to respond to the application or appear at the hearing, and the application was properly served. In terms of Rule 13(2), the allegations in the application were deemed admitted. The Tribunal concluded that the Respondent was required to provide the requested statement and granted the application in default.

Citation
[2017] ZANCT 38
Parties
Applicant: Nkosingiphile Phakamani Cele; Respondent: CAPITEC
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71666/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 NCA
Outcome
Application granted in default; 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 Right to Statement, Default Judgment, Credit Provider Obligations
Banking and Finance Civil Procedure National Credit Act Consumer Right to Statement Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Nkosingiphile Phakamani Cele

Applicant

CAPITEC

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Order 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-response.

Ratio Decidendi

The Tribunal found that the Applicant was entitled to request a statement of account from the Respondent under section 110 of the National Credit Act. The Applicant's agent, Accord Debt Solutions CC, was lawfully authorized to act on his behalf by virtue of a power of attorney. The Respondent failed to respond to the application or appear at the hearing, and the application was properly served. In terms of Rule 13(2), the allegations in the application were deemed admitted. The Tribunal concluded that the Respondent was required to provide the requested statement and granted the application in default.

Court Disposition

Application granted in default; 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, overdue amounts and dates due, and amounts currently payable and dates due for account number 1111111289158736.