Linatsha v Experian Credit Bureau and Another (NCT2/90335/2023/141(1)(b)) [2024] ZANCT 53 (14 November 2024)

Linatsha v Experian Credit Bureau and Another (NCT2/90335/2023/141(1)(b)) [2024] ZANCT 53 (14 November 2024)

The Tribunal found that Nedbank failed to notify the applicant at least 20 business days before reporting adverse information to Experian, as required by section 72(1)(a) read with regulation 19(4) of the National Credit Act. Although Nedbank sent section 129 letters, the January 2022 letter could not have served as notification for the November 2022 listing, and no other notification was provided within the prescribed period. The Tribunal concluded that Nedbank contravened the applicant's rights under the NCA. The removal of the adverse listing rendered the relief for removal academic, but the declaration of prohibited conduct was warranted.

Citation
[2024] ZANCT 53
Parties
Applicant: Anderson Linatsha; Respondent: Experian Credit Bureau; Respondent: Nedbank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
14 November 2024
Case Number
NCT/290335/2023/141(1)(b)
Procedural Posture
Review Application / Final Judgment After Hearing
Outcome
Application granted in part; declaration of prohibited conduct against Nedbank.
Judges
S Hockey, M Peenze, CJ Ntsoane
Legal Topics
Adverse Credit Listing, Notification Requirements, National Credit Act, Prohibited Conduct
Banking and Finance Civil Procedure Adverse Credit Listing Notification Requirements National Credit Act Prohibited Conduct

Case Brief

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Parties

Anderson Linatsha

Applicant

Experian Credit Bureau

Respondent

Nedbank Limited

Respondent

Procedural Posture

Review Application / Final Judgment After Hearing

Legal Issues

  1. 1 Did Nedbank notify the applicant at least 20 business days before reporting adverse information to Experian as required by section 72(1)(a) read with regulation 19(4)?
  2. 2 Was there a contravention of the National Credit Act by Nedbank in relation to the adverse listing?
  3. 3 Is the relief sought by the applicant academic given the removal of the adverse listing?

Ratio Decidendi

The Tribunal found that Nedbank failed to notify the applicant at least 20 business days before reporting adverse information to Experian, as required by section 72(1)(a) read with regulation 19(4) of the National Credit Act. Although Nedbank sent section 129 letters, the January 2022 letter could not have served as notification for the November 2022 listing, and no other notification was provided within the prescribed period. The Tribunal concluded that Nedbank contravened the applicant's rights under the NCA. The removal of the adverse listing rendered the relief for removal academic, but the declaration of prohibited conduct was warranted.

Court Disposition

Application granted in part; declaration of prohibited conduct against Nedbank.

Orders

  • Nedbank contravened section 72(1)(a) read with regulation 19(4).
  • The contravention is declared to be prohibited conduct.