Malesa v DMC Debt Management, A Division of OPCO 365 (Pty) Ltd (NCT/226906/2022/141(1)(b)) [2023] ZANCT 9 (12 January 2023)

Malesa v DMC Debt Management, A Division of OPCO 365 (Pty) Ltd (NCT/226906/2022/141(1)(b)) [2023] ZANCT 9 (12 January 2023)

The Tribunal found that the Respondent failed to comply with multiple provisions of the National Credit Act and its Regulations, including attempting to collect a prescribed debt, failing to notify the Applicant prior to adverse credit listing, and reloading the negative listing after previously removing it. The Respondent's failure to oppose the application resulted in all allegations being deemed admitted. The Tribunal concluded that the Respondent's conduct constituted prohibited conduct under the NCA and ordered the immediate removal of the adverse listing from all credit bureaus. The Tribunal also clarified that the Applicant is entitled to approach the Chairperson for a certificate...

Citation
[2023] ZANCT 9
Parties
Applicant: Matome Piet Malesa; Respondent: DMC Debt Management, A Division of OPCO 365 (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
12 January 2023
Case Number
NCT/226906/2022/141(1)(b)
Procedural Posture
Default Application / Final Judgment
Outcome
Application granted. The Respondent's conduct declared prohibited and adverse listing to be removed.
Judges
P Manzi-Ntshingila, A Potwana, S Mbhele
Legal Topics
National Credit Act, Prescription of Debt, Adverse Credit Listing, Prohibited Conduct, Consumer Rights, Credit Bureau Notification
Banking and Finance Civil Procedure National Credit Act Prescription of Debt Adverse Credit Listing Prohibited Conduct Consumer Rights Credit Bureau Notification

Case Brief

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Parties

Matome Piet Malesa

Applicant

DMC Debt Management, A Division of OPCO 365 (Pty) Ltd

Respondent

Procedural Posture

Default Application / Final Judgment

Legal Issues

  1. 1 Whether the Respondent contravened the National Credit Act and its Regulations by blacklisting the Applicant without proper notification.
  2. 2 Whether the Respondent attempted to collect a prescribed debt in contravention of the NCA.
  3. 3 Whether the Respondent failed to comply with its conditions of registration and the requirements for fair treatment of consumers.

Ratio Decidendi

The Tribunal found that the Respondent failed to comply with multiple provisions of the National Credit Act and its Regulations, including attempting to collect a prescribed debt, failing to notify the Applicant prior to adverse credit listing, and reloading the negative listing after previously removing it. The Respondent's failure to oppose the application resulted in all allegations being deemed admitted. The Tribunal concluded that the Respondent's conduct constituted prohibited conduct under the NCA and ordered the immediate removal of the adverse listing from all credit bureaus. The Tribunal also clarified that the Applicant is entitled to approach the Chairperson for a certificate...

Court Disposition

Application granted. The Respondent's conduct declared prohibited and adverse listing to be removed.

Orders

  • The Respondent is declared to have contravened specified provisions of the National Credit Act, its Regulations, and its General Conditions of Registration.
  • The Respondent's conduct is declared prohibited.