Matsepane v Absa (NCT/71510/2016/114(1)NCA) [2017] ZANCT 22 (15 February 2017)

Matsepane v Absa (NCT/71510/2016/114(1)NCA) [2017] ZANCT 22 (15 February 2017)

The Tribunal found that the Applicant had lawfully requested a statement of account from the Respondent, ABSA, through his authorized agent, Accord Debt Solutions CC, and that the Respondent failed to provide the statement despite repeated requests. 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. Applying sections 110 and 114 of the National Credit Act, the Tribunal held that the Respondent was obliged to provide the requested statement and granted the application, ordering ABSA to deliver the statement within 22 business days.

Citation
[2017] ZANCT 22
Parties
Applicant: Toba Peter Matsepane; Respondent: ABSA
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71510/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 NCA
Outcome
Application granted; Respondent ordered to provide statement of account to Applicant within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Right to Statement, Default Judgment, Credit Provider Obligations
Banking and Finance Civil Procedure National Credit Act Consumer Right to Statement Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Toba Peter Matsepane

Applicant

ABSA

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent, as credit provider, failed to provide the Applicant with a statement of account as required by the National Credit Act.
  2. 2 Whether the Applicant is entitled to an order compelling the Respondent to provide the requested statement under section 114 of the NCA.

Ratio Decidendi

The Tribunal found that the Applicant had lawfully requested a statement of account from the Respondent, ABSA, through his authorized agent, Accord Debt Solutions CC, and that the Respondent failed to provide the statement despite repeated requests. 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. Applying sections 110 and 114 of the National Credit Act, the Tribunal held that the Respondent was obliged to provide the requested statement and granted the application, ordering ABSA to deliver the statement within 22 business days.

Court Disposition

Application granted; Respondent ordered to provide statement of account to Applicant within 22 business days.

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicant and/or his agent, at his direction, with a statement containing the current balance, amounts credited or debited, overdue amounts and dates, and amounts currently payable and due date for account reference 4550270239970010.