Cooke v Woolworths (58751/2016/114(1)NCA) [2016] ZANCT 54 (7 December 2016)

Cooke v Woolworths (58751/2016/114(1)NCA) [2016] ZANCT 54 (7 December 2016)

The Tribunal found that the Applicant had lawfully requested statements of her account from the Respondent, who failed to comply with its statutory obligation under section 110 of the National Credit Act. The Tribunal was satisfied that the Respondent was properly served and did not oppose the application. On a default basis, and considering the evidence and applicable law, the Tribunal held that the Applicant was entitled to the relief sought under section 114 of the Act. The Respondent is ordered to provide the required account statement within 22 business days.

Citation
[2016] ZANCT 54
Parties
Applicant: Inez Carmen Cooke; Respondent: Woolworths
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
7 December 2016
Case Number
58751/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment
Outcome
Application granted on a default basis; Respondent ordered to provide the requested account statement within 22 business days.
Judges
J Simpson, D Terblanche, FK Manamela
Legal Topics
National Credit Act, Consumer Statement Rights, Default Judgment, Credit Provider Obligations
Civil Procedure Banking and Finance National Credit Act Consumer Statement Rights Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Inez Carmen Cooke

Applicant

Woolworths

Respondent

Procedural Posture

Review Application / Default Judgment

Legal Issues

  1. 1 Whether the Respondent was legally obliged to provide the Applicant with a statement of account under section 110 of the National Credit Act.
  2. 2 Whether the Applicant, through her agent, lawfully requested the statement and was entitled to relief under section 114 of the National Credit Act.
  3. 3 Whether the Tribunal should grant the application on a default basis due to the Respondent's non-appearance.

Ratio Decidendi

The Tribunal found that the Applicant had lawfully requested statements of her account from the Respondent, who failed to comply with its statutory obligation under section 110 of the National Credit Act. The Tribunal was satisfied that the Respondent was properly served and did not oppose the application. On a default basis, and considering the evidence and applicable law, the Tribunal held that the Applicant was entitled to the relief sought under section 114 of the Act. The Respondent is ordered to provide the required account statement within 22 business days.

Court Disposition

Application granted on a default basis; Respondent ordered to provide the requested account statement within 22 business days.

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicant and/or her agent, at her direction, with a statement of account including the current balance, amounts credited or debited, amounts overdue and when due, and amounts currently payable and the date due.