Mogotsi v Direct Axis (NCT/71568/2016/114(1)NCA) [2017] ZANCT 26 (15 February 2017)

Mogotsi v Direct Axis (NCT/71568/2016/114(1)NCA) [2017] ZANCT 26 (15 February 2017)

The Tribunal found that the Applicant had lawfully requested statements of her account from the Respondent, both personally and through her agent, Accord Debt Solutions CC, as evidenced by the power of attorney and written requests. 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. In terms of section 110 of the National Credit Act, the Respondent was obliged to provide the requested statement, and section 114 empowered the Tribunal to grant the relief sought. The Tribunal accordingly granted the application and ordered the...

Citation
[2017] ZANCT 26
Parties
Applicant: Nompumelelo Rejoice Mogotsi; Respondent: Direct Axis
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71568/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 of the NCA
Outcome
Application granted; Respondent ordered to provide the requested account statement to the Applicant or her agent within 22 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

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Parties

Nompumelelo Rejoice Mogotsi

Applicant

Direct Axis

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent failed to provide the Applicant with a statement of account as required by section 110 of 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 National Credit Act.

Ratio Decidendi

The Tribunal found that the Applicant had lawfully requested statements of her account from the Respondent, both personally and through her agent, Accord Debt Solutions CC, as evidenced by the power of attorney and written requests. 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. In terms of section 110 of the National Credit Act, the Respondent was obliged to provide the requested statement, and section 114 empowered the Tribunal to grant the relief sought. The Tribunal accordingly granted the application and ordered the...

Court Disposition

Application granted; Respondent ordered to provide the requested account statement to the 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, amounts credited or debited, amounts overdue and when due, and amounts currently payable and the date due, for account reference [7...] or 85227188374.