Khomo v Standard Bank (NCT/70139/2016/114(1)NCA) [2017] ZANCT 3 (15 February 2017)

Khomo v Standard Bank (NCT/70139/2016/114(1)NCA) [2017] ZANCT 3 (15 February 2017)

The Tribunal found that the Applicant, through her agent Accord Debt Solutions CC, lawfully requested statements of account from the Respondent under section 110 of the National Credit Act. The Respondent failed to comply with its statutory obligation to provide the requested information within the prescribed timeframes. The Tribunal was satisfied that service of the application was effected and, in the absence of any response or appearance by the Respondent, proceeded on a default basis. The Tribunal held that the Applicant is entitled to the relief sought and ordered the Respondent to provide the required statements within twenty-two business days.

Citation
[2017] ZANCT 3
Parties
Applicant: Phumlile Khomo; Respondent: Standard Bank
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/70139/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Statement Under NCA
Outcome
Application granted; Respondent ordered to provide statements of account to Applicant or her agent within twenty-two business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Rights, Credit Provider Obligations, Default Judgment
Banking and Finance Civil Procedure National Credit Act Consumer Rights Credit Provider Obligations Default Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Phumlile Khomo

Applicant

Standard Bank

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Statement Under NCA

Legal Issues

  1. 1 Whether the Respondent 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 was lawfully entitled to request the statement on her behalf.
  3. 3 Whether the Respondent failed to comply with statutory obligations to provide the requested information.

Ratio Decidendi

The Tribunal found that the Applicant, through her agent Accord Debt Solutions CC, lawfully requested statements of account from the Respondent under section 110 of the National Credit Act. The Respondent failed to comply with its statutory obligation to provide the requested information within the prescribed timeframes. The Tribunal was satisfied that service of the application was effected and, in the absence of any response or appearance by the Respondent, proceeded on a default basis. The Tribunal held that the Applicant is entitled to the relief sought and ordered the Respondent to provide the required statements within twenty-two business days.

Court Disposition

Application granted; Respondent ordered to provide statements of account to Applicant or her agent within twenty-two 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, amounts credited or debited, overdue amounts and dates due, and amounts currently payable and dates due, for account reference number 250326108.