Joubert v Nedbank Ltd (NCT/74918/2017/114(1)NCA) [2017] ZANCT 60 (6 April 2017)

Joubert v Nedbank Ltd (NCT/74918/2017/114(1)NCA) [2017] ZANCT 60 (6 April 2017)

The Tribunal found that the Applicant was entitled to receive a statement of her account from the Respondent under section 110 of the National Credit Act. Accord Debt Solutions CC was lawfully authorised to act on the Applicant's behalf by virtue of a valid power of attorney. The Respondent failed to respond to the application or appear at the hearing, and the Tribunal deemed the Applicant's allegations admitted in terms of Rule 13(2). The Tribunal was satisfied that service was effected and proceeded to grant the application on a default basis. The Respondent was ordered to provide the requested statement within 22 business days.

Citation
[2017] ZANCT 60
Parties
Applicant: Anna Maria Joubert; Respondent: NEDBANK LTD
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
6 April 2017
Case Number
NCT/74918/2017/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Statement Under Section 114 NCA
Outcome
Application granted in default; Respondent ordered to provide statement of account to Applicant or her agent within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
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

Anna Maria Joubert

Applicant

NEDBANK LTD

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent is obliged to provide the Applicant with a statement of her account under section 110 of the National Credit Act.
  2. 2 Whether Accord Debt Solutions CC was lawfully authorised to act on behalf of the Applicant.
  3. 3 Whether the Tribunal should grant the application in default due to the Respondent's non-participation.

Ratio Decidendi

The Tribunal found that the Applicant was entitled to receive a statement of her account from the Respondent under section 110 of the National Credit Act. Accord Debt Solutions CC was lawfully authorised to act on the Applicant's behalf by virtue of a valid power of attorney. The Respondent failed to respond to the application or appear at the hearing, and the Tribunal deemed the Applicant's allegations admitted in terms of Rule 13(2). The Tribunal was satisfied that service was effected and proceeded to grant the application on a default basis. The Respondent was ordered to provide the requested statement within 22 business days.

Court Disposition

Application granted in default; Respondent ordered to provide statement of account to Applicant or her agent 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, credited and debited amounts, overdue amounts and dates, and amounts currently payable and due date for account reference [8...].