Du Plessis v Finchoice (NCT/71538/2016/114(1)NCA) [2017] ZANCT 23 (15 February 2017)

Du Plessis v Finchoice (NCT/71538/2016/114(1)NCA) [2017] ZANCT 23 (15 February 2017)

The Tribunal found that the Applicant, through her agent Accord Debt Solutions CC, made valid requests for a statement of account from the Respondent, as provided for in section 110 of the National Credit Act. The Respondent failed to respond or provide the statement, and did not participate in the proceedings. The Tribunal was satisfied that service was effected and proceeded on a default basis. The Tribunal held that the Applicant is entitled to the statement and granted the application, ordering the Respondent to provide the required account information within 22 business days.

Citation
[2017] ZANCT 23
Parties
Applicant: Elsabe Du Plessis; Respondent: FINCHOICE
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71538/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 of the NCA
Outcome
Application granted; Respondent ordered to provide statement of account to Applicant within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
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

Elsabe Du Plessis

Applicant

FINCHOICE

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Order Under Section 114 of the NCA

Legal Issues

  1. 1 Whether the Respondent, as credit provider, failed to provide the Applicant with a statement of account as required by the National Credit Act.
  2. 2 Whether the Applicant is entitled to an order compelling the Respondent to provide the requested statement under section 114 of the NCA.

Ratio Decidendi

The Tribunal found that the Applicant, through her agent Accord Debt Solutions CC, made valid requests for a statement of account from the Respondent, as provided for in section 110 of the National Credit Act. The Respondent failed to respond or provide the statement, and did not participate in the proceedings. The Tribunal was satisfied that service was effected and proceeded on a default basis. The Tribunal held that the Applicant is entitled to the statement and granted the application, ordering the Respondent to provide the required account information within 22 business days.

Court Disposition

Application granted; Respondent ordered to provide statement of account to Applicant 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 containing the current balance, all credited and debited amounts, any overdue amounts and their due dates, and any amount currently payable and its due date for account reference [7...] or 2345749.