Ludick v First National Bank, A Division of Firstrand Bank Limited (NCT/112239/2018/141(1)(b)) [2019] ZANCT 28 (27 February 2019)

Ludick v First National Bank, A Division of Firstrand Bank Limited (NCT/112239/2018/141(1)(b)) [2019] ZANCT 28 (27 February 2019)

The Tribunal found that the matter is of substantial importance to both parties and that the applicant has reasonable prospects of success in her complaint. The Tribunal determined that there is a reasonable possibility that the respondent failed to take reasonable steps to assess the applicant's financial means and obligations, particularly regarding the methods used to calculate income and living expenses. The Tribunal held that the applicant satisfied the requirements for granting leave under section 141(1) of the National Credit Act. The points in limine raised by the respondent were not decided at this stage and will be addressed during the hearing of the main matter.

Citation
[2019] ZANCT 28
Parties
Applicant: Annet Ludick; Respondent: First National Bank, A Division of Firstrand Bank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
27 February 2019
Case Number
NCT/112239/2018/141(1)(b)
Procedural Posture
Leave to Refer / Application for Leave to Refer Complaint to Tribunal Under S141(1) NCA
Outcome
Leave to refer granted.
Judges
A Potwana, M Nkomo, F Manamela
Legal Topics
National Credit Act, Reckless Lending, Affordability Assessment, Leave to Self Refer, Over Indebtedness
Banking and Finance Civil Procedure National Credit Act Reckless Lending Affordability Assessment Leave to Self Refer Over Indebtedness

Case Brief

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Parties

Annet Ludick

Applicant

First National Bank, A Division of Firstrand Bank Limited

Respondent

Procedural Posture

Leave to Refer / Application for Leave to Refer Complaint to Tribunal Under S141(1) NCA

Legal Issues

  1. 1 Whether the applicant should be granted leave to refer her complaint of reckless lending directly to the Tribunal.
  2. 2 Whether the applicant has reasonable prospects of success in proving that the respondent failed to comply with the National Credit Act's affordability assessment requirements.
  3. 3 Whether the respondent's points in limine preclude the granting of leave to refer.

Ratio Decidendi

The Tribunal found that the matter is of substantial importance to both parties and that the applicant has reasonable prospects of success in her complaint. The Tribunal determined that there is a reasonable possibility that the respondent failed to take reasonable steps to assess the applicant's financial means and obligations, particularly regarding the methods used to calculate income and living expenses. The Tribunal held that the applicant satisfied the requirements for granting leave under section 141(1) of the National Credit Act. The points in limine raised by the respondent were not decided at this stage and will be addressed during the hearing of the main matter.

Court Disposition

Leave to refer granted.

Orders

  • The applicant is granted leave to refer her complaint directly to the Tribunal.
  • No order as to costs.