Melodi v Experian (Pty) Ltd and Another (NCT/346744/2024/141(1)(b)) [2025] ZANCT 9 (30 January 2025)

Melodi v Experian (Pty) Ltd and Another (NCT/346744/2024/141(1)(b)) [2025] ZANCT 9 (30 January 2025)

The Tribunal found that Experian (Pty) Ltd failed to comply with its statutory obligations under the National Credit Act by not updating the applicant's credit record in a timely, accurate, consistent, and fair manner. The first respondent did not provide credible evidence to support the disputed information nor remove it as required by section 72(3). The selective removal of certain accounts without explanation and the continued retention of other inaccurate accounts constituted prohibited conduct. The Tribunal held that the applicant was entitled to the immediate removal of the inaccurate information from his credit report. However, the request for an increase in credit score was...

Citation
[2025] ZANCT 9
Parties
Applicant: Abiah Maritse Melodi; Respondent: Experian (Pty) Ltd; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
30 January 2025
Case Number
NCT/346744/2024/141(1)(b)
Procedural Posture
Unopposed Application / Final Judgment
Outcome
Application granted in part; inaccurate credit information to be removed; no order as to costs.
Judges
S Hockey, Z Ntuli, A Potwana
Legal Topics
Credit Bureau Obligations, Accuracy of Credit Information, Consumer Rights Under Nca, Retention Periods, Default Proceedings
Banking and Finance Civil Procedure Credit Bureau Obligations Accuracy of Credit Information Consumer Rights Under Nca Retention Periods Default Proceedings

Case Brief

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Parties

Abiah Maritse Melodi

Applicant

Experian (Pty) Ltd

Respondent

National Credit Regulator

Respondent

Procedural Posture

Unopposed Application / Final Judgment

Legal Issues

  1. 1 Did the first respondent fail to update the applicant's credit record timeously, accurately, consistently and fairly as required by the NCA?
  2. 2 Did the first respondent contravene sections 70(2)(c), 70(2)(i), and 72(3)(a)-(b) of the NCA?
  3. 3 Is the applicant entitled to the removal of inaccurate credit information from his credit report?

Ratio Decidendi

The Tribunal found that Experian (Pty) Ltd failed to comply with its statutory obligations under the National Credit Act by not updating the applicant's credit record in a timely, accurate, consistent, and fair manner. The first respondent did not provide credible evidence to support the disputed information nor remove it as required by section 72(3). The selective removal of certain accounts without explanation and the continued retention of other inaccurate accounts constituted prohibited conduct. The Tribunal held that the applicant was entitled to the immediate removal of the inaccurate information from his credit report. However, the request for an increase in credit score was...

Court Disposition

Application granted in part; inaccurate credit information to be removed; no order as to costs.

Orders

  • The first respondent has contravened sections 70(2)(c), 70(2)(i) and 72(3)(a)-(b) and committed prohibited conduct.
  • The first respondent is ordered, within ten business days of this judgment, to remove from its records and files the credit information relating to the following accounts: FinChoice Africa MobiMoney (957[…]), FinChoice (949[…]), Letsatsi Finance (329[…]3), Letsatsi Finance (329[…]9), MPOWA Finance (647[…]), and...