Cele v Old Mutual (NCT/71277/2016/114(1)NCA) [2017] ZANCT 14 (15 February 2017)

Cele v Old Mutual (NCT/71277/2016/114(1)NCA) [2017] ZANCT 14 (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, through his authorized agent, made multiple written requests for such a statement, which the Respondent failed to provide. The Respondent did not oppose the application or appear at the hearing, and the Tribunal deemed the Applicant's allegations admitted in terms of Rule 13(2). The Tribunal was satisfied that the application was properly served and proceeded on a default basis. The Tribunal held that the Respondent is required to provide the Applicant or his agent, at his direction, with the information specified in section...

Citation
[2017] ZANCT 14
Parties
Applicant: Nkosingiphile Phakamani Cele; Respondent: OLD MUTUAL
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71277/2016/114(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
Banking and Finance Civil Procedure National Credit Act Consumer Statement Rights Default Judgment Credit Provider Obligations

Case Brief

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Parties

Nkosingiphile Phakamani Cele

Applicant

OLD MUTUAL

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent failed to provide the Applicant with a statement of account as required by section 110 of the National Credit Act.
  2. 2 Whether the Applicant is entitled to an order compelling the Respondent to provide the requested statement under section 114 of the National Credit Act.

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, through his authorized agent, made multiple written requests for such a statement, which the Respondent failed to provide. The Respondent did not oppose the application or appear at the hearing, and the Tribunal deemed the Applicant's allegations admitted in terms of Rule 13(2). The Tribunal was satisfied that the application was properly served and proceeded on a default basis. The Tribunal held that the Respondent is required to provide the Applicant or his agent, at his direction, with the information specified in section...

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.
  • 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 reference 11475360001 or 1475360001.