Mogotsi v Edcon Limited (NCT/71582/2016/114(1)NCA) [2017] ZANCT 29 (16 February 2017)

Mogotsi v Edcon Limited (NCT/71582/2016/114(1)NCA) [2017] ZANCT 29 (16 February 2017)

The Tribunal found that the Applicant was entitled to request a statement of account from the Respondent under section 110 of the National Credit Act. The Applicant, through her authorized agent, made multiple requests for such a statement, which the Respondent failed to provide. The Respondent did not oppose the application or appear at the hearing, and the Tribunal deemed the Applicant's allegations admitted. The Tribunal held that the Respondent is required to provide the Applicant or her agent, at her direction, with the information specified in section 110(1) of the National Credit Act, including the current balance, amounts credited or debited, overdue amounts, and amounts currently...

Citation
[2017] ZANCT 29
Parties
Applicant: Nompumelelo Rejoice Mogotsi; Respondent: Edcon Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
16 February 2017
Case Number
NCT/71582/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 of the NCA
Outcome
Application granted; Respondent ordered to provide 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, Credit Provider Obligations
Banking and Finance National Credit Act Consumer Right to Statement Credit Provider Obligations

Case Brief

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Parties

Nompumelelo Rejoice Mogotsi

Applicant

Edcon Limited

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 was entitled to request a statement of account from the Respondent under section 110 of the National Credit Act. The Applicant, through her authorized agent, made multiple requests for such a statement, which the Respondent failed to provide. The Respondent did not oppose the application or appear at the hearing, and the Tribunal deemed the Applicant's allegations admitted. The Tribunal held that the Respondent is required to provide the Applicant or her agent, at her direction, with the information specified in section 110(1) of the National Credit Act, including the current balance, amounts credited or debited, overdue amounts, and amounts currently...

Court Disposition

Application granted; 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, amounts credited or debited, overdue amounts and dates due, and amounts currently payable and dates due on account number 7000100100200175040.