Geldenhys v Makro (NCT/1271/2016/114(1)NCA) [2017] ZANCT 12 (16 February 2017)

Geldenhys v Makro (NCT/1271/2016/114(1)NCA) [2017] ZANCT 12 (16 February 2017)

The Tribunal found that the Applicant, through Accord Debt Solutions CC, lawfully requested a statement of account from the Respondent under section 110 of the National Credit Act. The Respondent failed to comply with these requests 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 information specified in section 110(1) of the NCA and granted the application, ordering the Respondent to provide the required statement within 22 business days.

Citation
[2017] ZANCT 12
Parties
Applicant: Willem Marnewick Geldenhys; Respondent: MAKRO
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
16 February 2017
Case Number
NCT/1271/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Statement Under Section 114 NCA
Outcome
Application granted; Respondent ordered to provide statement of account to Applicant or his agent within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Rights, Credit Provider Obligations, Account Statement Requests
Banking and Finance Civil Procedure National Credit Act Consumer Rights Credit Provider Obligations Account Statement Requests

Case Brief

Summary, issues, holding and outcome

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Parties

Willem Marnewick Geldenhys

Applicant

MAKRO

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent, as credit provider, is obliged to provide the Applicant with a statement of account under section 110 of the National Credit Act.
  2. 2 Whether the Applicant's agent, Accord Debt Solutions CC, was lawfully entitled to request the statement on behalf of the Applicant.
  3. 3 Whether the Tribunal should grant the application in default due to the Respondent's failure to respond.

Ratio Decidendi

The Tribunal found that the Applicant, through Accord Debt Solutions CC, lawfully requested a statement of account from the Respondent under section 110 of the National Credit Act. The Respondent failed to comply with these requests 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 information specified in section 110(1) of the NCA and granted the application, ordering the Respondent to provide the required statement within 22 business days.

Court Disposition

Application granted; Respondent ordered to provide statement of account to Applicant or his agent within 22 business days.

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicant and/or his agent, at his direction, with a statement containing the current balance, amounts credited or debited, overdue amounts and dates due, and amounts currently payable and dates due for account reference 5022190700200837.