Mogotsi v Capitec (NCT/71563/2016/114(1)NCA) [2017] ZANCT 25 (15 February 2017)

Mogotsi v Capitec (NCT/71563/2016/114(1)NCA) [2017] ZANCT 25 (15 February 2017)

The Tribunal found that the Applicant, through her agent Accord Debt Solutions, lawfully requested a statement of account from the Respondent under section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not oppose the application or appear at the hearing. The Tribunal was satisfied that service was effected and proceeded on a default basis. The Tribunal held that the Applicant is entitled to the information specified in section 110(1) of the NCA and granted the application, ordering the Respondent to provide the required statement within 22 business days.

Citation
[2017] ZANCT 25
Parties
Applicant: Nompumelelo Rejoice Mogotsi; Respondent: Capitec
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71563/2016/114(1)NCA
Procedural Posture
Application for Statement / Default Judgment
Outcome
Application granted in default; Respondent ordered to provide statement of account to Applicant or her agent 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

Nompumelelo Rejoice Mogotsi

Applicant

Capitec

Respondent

Procedural Posture

Application for Statement / Default Judgment

Legal Issues

  1. 1 Whether the Respondent, as credit provider, was 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 her behalf.
  3. 3 Whether the Tribunal should grant the application in default due to the Respondent's failure to respond.

Ratio Decidendi

The Tribunal found that the Applicant, through her agent Accord Debt Solutions, lawfully requested a statement of account from the Respondent under section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not oppose the application or appear at the hearing. The Tribunal was satisfied that service was effected and proceeded on a default basis. The Tribunal held that the Applicant is entitled to the information specified in section 110(1) of the NCA and granted the application, ordering the Respondent to provide the required statement within 22 business days.

Court Disposition

Application granted in default; Respondent ordered to provide statement of account to Applicant or her agent within 22 business days.

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicant and/or her agent, at her direction, with a statement containing the current balance, credited and debited amounts, overdue amounts and dates, and amounts payable and dates for account reference 1114902134.