Cooke v Absa (58731/2016/114(1)NCA) [2016] ZANCT 52 (7 December 2016)

Cooke v Absa (58731/2016/114(1)NCA) [2016] ZANCT 52 (7 December 2016)

The Tribunal found that the Applicant had made repeated lawful requests for statements of her account from the Respondent, as provided for under section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not oppose the application or appear at the hearing. The Tribunal was satisfied that the Respondent was properly served and that the Applicant had established her case on a balance of probabilities. Accordingly, the Tribunal held that the Respondent was legally obliged to provide the requested statements and granted the relief sought under section 114 of the Act.

Citation
[2016] ZANCT 52
Parties
Applicant: Inez Carmen Cooke; Respondent: ABSA
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
7 December 2016
Case Number
58731/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment
Outcome
Application granted. Respondent ordered to provide the requested account statement within 22 business days. No order as to costs.
Judges
J Simpson, D Terblanche, FK Manamela
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

Inez Carmen Cooke

Applicant

ABSA

Respondent

Procedural Posture

Review Application / Default Judgment

Legal Issues

  1. 1 Whether the Respondent was obliged to provide the Applicant with a statement of her 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 statements of her account from the Respondent, as provided for under section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not oppose the application or appear at the hearing. The Tribunal was satisfied that the Respondent was properly served and that the Applicant had established her case on a balance of probabilities. Accordingly, the Tribunal held that the Respondent was legally obliged to provide the requested statements and granted the relief sought under section 114 of the Act.

Court Disposition

Application granted. Respondent ordered to provide the requested account statement within 22 business days. No order as to costs.

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicant and/or her agent, at her direction, with a statement of her account under reference number [8...] including the current balance, amounts credited or debited, overdue amounts and when each became due, and any amount currently payable and the date it became due.