Cornelissen v Absa Bank Limited (NCT/48831/2016/114(1)NCA) [2016] ZANCT 35 (16 September 2016)

Cornelissen v Absa Bank Limited (NCT/48831/2016/114(1)NCA) [2016] ZANCT 35 (16 September 2016)

The Tribunal found that the Applicant had made repeated lawful requests for a statement of 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 appear to oppose the application. The Tribunal was satisfied that the Respondent was properly served and that the Applicant had established his case on a balance of probabilities. Accordingly, the Tribunal held that the Respondent was legally obliged to provide the requested statement and granted the application, ordering the Respondent to deliver the statement within 22 days.

Citation
[2016] ZANCT 35
Parties
Applicant: Petrus Johannes Cornelissen; Respondent: Absa Bank Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
16 September 2016
Case Number
NCT/48831/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment
Outcome
Application granted. Respondent ordered to provide the requested statement within 22 days. No order as to costs.
Judges
J Simpson, D Terblanche, J Maseko
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

Summary, issues, holding and outcome

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Parties

Petrus Johannes Cornelissen

Applicant

Absa Bank Ltd

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 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, as provided for under section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not appear to oppose the application. The Tribunal was satisfied that the Respondent was properly served and that the Applicant had established his case on a balance of probabilities. Accordingly, the Tribunal held that the Respondent was legally obliged to provide the requested statement and granted the application, ordering the Respondent to deliver the statement within 22 days.

Court Disposition

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

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicant and/or his agent, at his direction, with a statement of account under reference number 5471206054855012, including the current balance, credited or debited amounts, overdue amounts and dates, and amounts currently payable and due dates.