Coenraad v Truworths Limited (NCT/49535/2016/114(1)NCA) [2016] ZANCT 39 (19 September 2016)

Coenraad v Truworths Limited (NCT/49535/2016/114(1)NCA) [2016] ZANCT 39 (19 September 2016)

The Tribunal found that the Applicant had made repeated lawful requests for a statement of account from the Respondent, who failed to comply with its statutory obligations under section 110 of the National Credit Act. The Respondent was properly served and did not oppose the application. The Tribunal determined that the Applicant was entitled to relief under section 114 of the Act, and ordered the Respondent to provide the requested statement within twenty-two days. The Tribunal emphasized that the right to receive such statements is fundamental to consumer protection under the Act, and the Respondent's failure to comply warranted the granting of the application.

Citation
[2016] ZANCT 39
Parties
Applicant: Carlo Lloyd Coenraad; Respondent: Truworths Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
19 September 2016
Case Number
NCT/49535/2016/114(1) NCA
Procedural Posture
Review Application / Default Judgment
Outcome
Application granted. The Respondent is ordered to provide the Applicant or his agent with a statement of account as specified under section 110 of the National Credit Act within twenty-two days. No order as to costs.
Judges
J. Simpson, D Terblanche, 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

Carlo Lloyd Coenraad

Applicant

Truworths Limited

Respondent

Procedural Posture

Review Application / Default Judgment

Legal Issues

  1. 1 Whether the Respondent, as a credit provider, was obliged to provide the Applicant with a statement of account under section 110 of the National Credit Act.
  2. 2 Whether the Applicant is entitled to relief under section 114 of the National Credit Act due to the Respondent's failure to provide the requested statement.

Ratio Decidendi

The Tribunal found that the Applicant had made repeated lawful requests for a statement of account from the Respondent, who failed to comply with its statutory obligations under section 110 of the National Credit Act. The Respondent was properly served and did not oppose the application. The Tribunal determined that the Applicant was entitled to relief under section 114 of the Act, and ordered the Respondent to provide the requested statement within twenty-two days. The Tribunal emphasized that the right to receive such statements is fundamental to consumer protection under the Act, and the Respondent's failure to comply warranted the granting of the application.

Court Disposition

Application granted. The Respondent is ordered to provide the Applicant or his agent with a statement of account as specified under section 110 of the National Credit Act within twenty-two days. No order as to costs.

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicant or his agent, at his direction, with a statement of account under reference number 10101506833069, including the current balance, amounts credited or debited during the specified period, amounts overdue and their due dates, and amounts currently payable and their...