Du Plessis v Nedbank (NCT/71543/2016/114(1)NCA) [2017] ZANCT 24 (15 February 2017)

Du Plessis v Nedbank (NCT/71543/2016/114(1)NCA) [2017] ZANCT 24 (15 February 2017)

The Tribunal found that the Applicant, through her duly authorised agent, made valid requests for account statements from the Respondent, which were not complied with. The Respondent failed to file any response or attend the hearing, and the application was properly served. Section 110 of the National Credit Act imposes a clear obligation on credit providers to deliver account statements upon request, and section 114 provides a remedy for consumers where such statements are not delivered. The Tribunal was satisfied that the Applicant was entitled to the relief sought and granted the application, ordering the Respondent to provide the requested statement within 22 business days.

Citation
[2017] ZANCT 24
Parties
Applicant: Elsabe Du Plessis; Respondent: NEDBANK
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71543/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 NCA
Outcome
Application granted; Respondent ordered to provide the requested account statement 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

NEDBANK

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent failed to provide the Applicant with a statement of account as required by section 110 of 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 National Credit Act.

Ratio Decidendi

The Tribunal found that the Applicant, through her duly authorised agent, made valid requests for account statements from the Respondent, which were not complied with. The Respondent failed to file any response or attend the hearing, and the application was properly served. Section 110 of the National Credit Act imposes a clear obligation on credit providers to deliver account statements upon request, and section 114 provides a remedy for consumers where such statements are not delivered. The Tribunal was satisfied that the Applicant was entitled to the relief sought and granted the application, ordering the Respondent to provide the requested statement within 22 business days.

Court Disposition

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

Orders

  • The application is granted.
  • Respondent is ordered to provide the Applicant and/or her agent, at her direction, with a statement containing the current balance, amounts credited or debited, amounts overdue and when due, and any amount currently payable and the date it became due, for account reference numbers 5898460907730428 or 5898460896005196.