Mokoena v Nedbank (NCT/71587/2016/114(1)NCA) [2017] ZANCT 30 (15 February 2017)

Mokoena v Nedbank (NCT/71587/2016/114(1)NCA) [2017] ZANCT 30 (15 February 2017)

The Tribunal found that the Applicant, through her agent Accord Debt Solutions CC, made valid written requests for a statement of account from the Respondent, supported by a power of attorney. The Respondent failed to comply with its statutory obligation under section 110 of the National Credit Act to provide the requested information within the prescribed timeframes. The Respondent did not oppose the application or appear at the hearing, and the Tribunal was satisfied that service was properly effected. Accordingly, the Tribunal granted the application and ordered the Respondent to provide the Applicant or her agent with the required account statement within twenty-two business days.

Citation
[2017] ZANCT 30
Parties
Applicant: Gloria Mbali Mokoena; Respondent: NEDBANK
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71587/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Statement Under Section 114 NCA
Outcome
Application granted; Respondent ordered to provide statement of account to Applicant or her agent within twenty-two 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

Summary, issues, holding and outcome

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Parties

Gloria Mbali Mokoena

Applicant

NEDBANK

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent is 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 Respondent failed to comply with statutory obligations to provide the requested information.

Ratio Decidendi

The Tribunal found that the Applicant, through her agent Accord Debt Solutions CC, made valid written requests for a statement of account from the Respondent, supported by a power of attorney. The Respondent failed to comply with its statutory obligation under section 110 of the National Credit Act to provide the requested information within the prescribed timeframes. The Respondent did not oppose the application or appear at the hearing, and the Tribunal was satisfied that service was properly effected. Accordingly, the Tribunal granted the application and ordered the Respondent to provide the Applicant or her agent with the required account statement within twenty-two business days.

Court Disposition

Application granted; Respondent ordered to provide statement of account to Applicant or her agent within twenty-two business days.

Orders

  • The application is granted.
  • Respondent is ordered to provide the Applicant and/or her agent, at her direction, with a statement containing the current balance, all credited and debited amounts, any overdue amounts and their due dates, and any amount currently payable and its due date for account reference [7...].