Matsepane v Nedbank (NCT/71588/2016/114(1)NCA) [2017] ZANCT 31 (15 February 2017)

Matsepane v Nedbank (NCT/71588/2016/114(1)NCA) [2017] ZANCT 31 (15 February 2017)

The Tribunal found that the Applicant, through his authorized agent, made valid requests for a statement of account from the Respondent, Nedbank, in terms of section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not participate in the proceedings. The Tribunal was satisfied that service of the application was properly effected. In the absence of any opposition, the Tribunal deemed the Applicant's allegations admitted and held that the Respondent is obliged to provide the requested statement. The Tribunal granted the application and ordered Nedbank to deliver the statement within twenty-two business days.

Citation
[2017] ZANCT 31
Parties
Applicant: Toba Peter Matsepane; Respondent: NEDBANK
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71588/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Statement Under Section 114 NCA
Outcome
Application granted. Respondent ordered to provide statement of account to Applicant and/or his 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

Toba Peter Matsepane

Applicant

NEDBANK

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Statement Under Section 114 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 his behalf.
  3. 3 Whether the Tribunal should grant the application in default of the Respondent's participation.

Ratio Decidendi

The Tribunal found that the Applicant, through his authorized agent, made valid requests for a statement of account from the Respondent, Nedbank, in terms of section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not participate in the proceedings. The Tribunal was satisfied that service of the application was properly effected. In the absence of any opposition, the Tribunal deemed the Applicant's allegations admitted and held that the Respondent is obliged to provide the requested statement. The Tribunal granted the application and ordered Nedbank to deliver the statement within twenty-two business days.

Court Disposition

Application granted. Respondent ordered to provide statement of account to Applicant and/or his agent within twenty-two business days.

Orders

  • The application is granted.
  • 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, amounts overdue and when due, and amounts currently payable and the date due, for account reference number [8...].