Chinsamy v Capitec (NCT/70145/2016/114(1)NCA) [2017] ZANCT 6 (15 February 2017)

Chinsamy v Capitec (NCT/70145/2016/114(1)NCA) [2017] ZANCT 6 (15 February 2017)

The Tribunal found that the Applicant, through his agent Accord Debt Solutions, lawfully requested statements of account from the Respondent under section 110 of the National Credit Act. The Respondent failed to provide the requested statements and did not oppose the application. The Tribunal was satisfied that service was effected and proceeded on a default basis. The law entitles the consumer to receive such statements, and section 114 provides a remedy to compel compliance. The Tribunal granted the application and ordered the Respondent to provide the requested information within 22 business days.

Citation
[2017] ZANCT 6
Parties
Applicant: Looshendran Chinsamy; Respondent: CAPITEC
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/70145/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Statement Under Section 114 NCA
Outcome
Application granted; Respondent ordered to provide the requested statement of account within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Right to Information, Default Judgment, Credit Provider Obligations
Banking and Finance Civil Procedure National Credit Act Consumer Right to Information Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Looshendran Chinsamy

Applicant

CAPITEC

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Statement 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, through his agent Accord Debt Solutions, lawfully requested statements of account from the Respondent under section 110 of the National Credit Act. The Respondent failed to provide the requested statements and did not oppose the application. The Tribunal was satisfied that service was effected and proceeded on a default basis. The law entitles the consumer to receive such statements, and section 114 provides a remedy to compel compliance. The Tribunal granted the application and ordered the Respondent to provide the requested information within 22 business days.

Court Disposition

Application granted; Respondent ordered to provide the requested statement of account 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 1356675652.