Mogotsi v Game (NCT/71581/2016/114(1)NCA) [2017] ZANCT 28 (16 February 2017)

Mogotsi v Game (NCT/71581/2016/114(1)NCA) [2017] ZANCT 28 (16 February 2017)

The Tribunal found that the Applicant was entitled to request statements from the Respondent under section 110 of the National Credit Act. The Applicant, through her agent Accord Debt Solutions CC, made multiple written requests for the statement, which were not fulfilled by the Respondent. The Respondent failed to file any answering affidavit and was absent from the hearing, resulting in the allegations being deemed admitted. The Tribunal was satisfied that the application was properly served and proceeded on a default basis. 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...

Citation
[2017] ZANCT 28
Parties
Applicant: Nompumelelo Rejoice Mogotsi; Respondent: GAME
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
16 February 2017
Case Number
NCT/71581/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 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 Statement Rights, Default Judgment, Credit Provider Obligations
Civil Procedure Banking and Finance National Credit Act Consumer Statement Rights Default Judgment Credit Provider Obligations

Case Brief

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Parties

Nompumelelo Rejoice Mogotsi

Applicant

GAME

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent, as a credit provider, failed to provide the Applicant with a statement of account as required by the National Credit Act.
  2. 2 Whether the Tribunal should order the Respondent to provide the requested statement under section 114 of the NCA.

Ratio Decidendi

The Tribunal found that the Applicant was entitled to request statements from the Respondent under section 110 of the National Credit Act. The Applicant, through her agent Accord Debt Solutions CC, made multiple written requests for the statement, which were not fulfilled by the Respondent. The Respondent failed to file any answering affidavit and was absent from the hearing, resulting in the allegations being deemed admitted. The Tribunal was satisfied that the application was properly served and proceeded on a default basis. 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...

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, and amounts payable and dates, for account reference numbers 5022190304916960 or 5022190307432593.