Denny v Nedbank Limited (NCT/78050/2017/141(1)) [2017] ZANCT 138 (10 December 2017)

Denny v Nedbank Limited (NCT/78050/2017/141(1)) [2017] ZANCT 138 (10 December 2017)

The Tribunal found that Nedbank had conducted a proper assessment of the Applicant's income and expenditure prior to granting the loan. The evidence showed that the Applicant had sufficient income to afford the repayments, including additional income sources. The Applicant failed to provide substantial responses to the Respondent's assertions and did not demonstrate that Nedbank engaged in reckless lending. The Tribunal concluded that there were no reasonable prospects of success for the Applicant's claim and refused leave to refer the matter directly to the Tribunal.

Citation
[2017] ZANCT 138
Parties
Applicant: Lorette Mary Denny; Respondent: Nedbank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
10 December 2017
Case Number
NCT/78050/2017/141(1)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint to Tribunal Under Section 141(1)(b) of the National Credit Act
Outcome
Application for leave to refer the complaint directly to the Tribunal is refused.
Judges
X May
Legal Topics
National Credit Act, Reckless Lending, Affordability Assessment, Leave to Refer, Consumer Credit
Banking and Finance Civil Procedure National Credit Act Reckless Lending Affordability Assessment Leave to Refer Consumer Credit

Case Brief

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Parties

Lorette Mary Denny

Applicant

Nedbank Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint to Tribunal Under Section 141(1)(b) of the National Credit Act

Legal Issues

  1. 1 Whether the Applicant has reasonable prospects of success in showing that Nedbank engaged in reckless lending.
  2. 2 Whether the matter is of substantial importance to the parties.
  3. 3 Whether leave should be granted to refer the complaint directly to the Tribunal.

Ratio Decidendi

The Tribunal found that Nedbank had conducted a proper assessment of the Applicant's income and expenditure prior to granting the loan. The evidence showed that the Applicant had sufficient income to afford the repayments, including additional income sources. The Applicant failed to provide substantial responses to the Respondent's assertions and did not demonstrate that Nedbank engaged in reckless lending. The Tribunal concluded that there were no reasonable prospects of success for the Applicant's claim and refused leave to refer the matter directly to the Tribunal.

Court Disposition

Application for leave to refer the complaint directly to the Tribunal is refused.

Orders

  • The Applicant's application for leave to refer the matter directly to the Tribunal is refused.
  • There is no order as to costs.