Matsepane v Standard Bank (NCT/71504/2016/114(1)NCA) [2017] ZANCT 21 (15 February 2017)

Matsepane v Standard Bank (NCT/71504/2016/114(1)NCA) [2017] ZANCT 21 (15 February 2017)

The Tribunal found that the Applicant, through his duly authorized agent, made valid requests for a statement of account from the Respondent as provided for in section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not participate in the proceedings or file any answering affidavit. The Tribunal was satisfied that service of the application was properly effected and, in the absence of any opposition, proceeded on a default basis. The statutory provisions clearly entitle the consumer to receive the requested information, and the Tribunal is empowered under section 114 to order the credit provider to comply. The Tribunal accordingly granted the...

Citation
[2017] ZANCT 21
Parties
Applicant: Toba Peter Matsepane; Respondent: STANDARD BANK
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71504/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Statement Under NCA
Outcome
Application granted; Respondent ordered to provide statement of account to Applicant or his agent within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Right to Information, Default Judgment, Credit Provider Obligations
Banking and Finance Civil Procedure National Credit Act Consumer Right to Information Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Toba Peter Matsepane

Applicant

STANDARD BANK

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Statement Under 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 Respondent failed to comply with statutory obligations to provide the requested information.

Ratio Decidendi

The Tribunal found that the Applicant, through his duly authorized agent, made valid requests for a statement of account from the Respondent as provided for in section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not participate in the proceedings or file any answering affidavit. The Tribunal was satisfied that service of the application was properly effected and, in the absence of any opposition, proceeded on a default basis. The statutory provisions clearly entitle the consumer to receive the requested information, and the Tribunal is empowered under section 114 to order the credit provider to comply. The Tribunal accordingly granted the...

Court Disposition

Application granted; Respondent ordered to provide statement of account to Applicant or his agent 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 due, and amounts currently payable and dates due for account number 000022756.