Mogotsi v Woolworths (NCT/71571/2016/114(1)NCA) [2017] ZANCT 27 (16 February 2017)

Mogotsi v Woolworths (NCT/71571/2016/114(1)NCA) [2017] ZANCT 27 (16 February 2017)

The Tribunal found that the Applicant, through her authorised agent, made valid requests for statements of account from the Respondent, which were not complied with. The Respondent failed to file any answering affidavit or appear at the hearing, and the application was properly served. Section 110 of the National Credit Act obliges the credit provider to provide such statements upon request, and section 114 empowers the Tribunal to order compliance. The Tribunal was satisfied that the Applicant was entitled to the relief sought and granted the application on a default basis.

Citation
[2017] ZANCT 27
Parties
Applicant: Nompumelelo Rejoice Mogotsi; Respondent: WOOLWORTHS
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
16 February 2017
Case Number
NCT/71571/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment
Outcome
Application granted on a default basis; Respondent ordered to provide the requested statement of account.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Right to Statement, Default Judgment, Credit Provider Obligations
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

WOOLWORTHS

Respondent

Procedural Posture

Review Application / Default Judgment

Legal Issues

  1. 1 Whether the Respondent failed to provide the Applicant with a statement of account as required by the National Credit Act.
  2. 2 Whether the Applicant is entitled to an order compelling the Respondent to provide the requested statement.
  3. 3 Whether Accord Debt Solutions CC was lawfully authorised to act on behalf of the Applicant.

Ratio Decidendi

The Tribunal found that the Applicant, through her authorised agent, made valid requests for statements of account from the Respondent, which were not complied with. The Respondent failed to file any answering affidavit or appear at the hearing, and the application was properly served. Section 110 of the National Credit Act obliges the credit provider to provide such statements upon request, and section 114 empowers the Tribunal to order compliance. The Tribunal was satisfied that the Applicant was entitled to the relief sought and granted the application on a default basis.

Court Disposition

Application granted on a default basis; Respondent ordered to provide the requested statement of account.

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 any amount currently payable and the date it became due for account reference number 6007851104733247.