Mokoena v Standard Bank (NCT/71670/2016/114(1)NCA) [2017] ZANCT 40 (15 February 2017)

Mokoena v Standard Bank (NCT/71670/2016/114(1)NCA) [2017] ZANCT 40 (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, and that the Respondent failed to comply with these requests. The Tribunal was satisfied that service of the application was effected and, in the absence of any response or appearance by the Respondent, proceeded on a default basis. Section 110 of the National Credit Act entitles the consumer to receive statements of account, and section 114 provides the Tribunal with the authority to compel the credit provider to deliver such statements. The Tribunal concluded that the Respondent is required to provide the Applicant...

Citation
[2017] ZANCT 40
Parties
Applicant: Gloria Mbali Mokoena; Respondent: Standard Bank
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71670/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 NCA
Outcome
Application granted; Respondent ordered to provide the requested statement of account within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Right to Statement, Default Judgment, Credit Provider Obligations
Banking and Finance 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

Gloria Mbali Mokoena

Applicant

Standard Bank

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Order Under Section 114 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, and that the Respondent failed to comply with these requests. The Tribunal was satisfied that service of the application was effected and, in the absence of any response or appearance by the Respondent, proceeded on a default basis. Section 110 of the National Credit Act entitles the consumer to receive statements of account, and section 114 provides the Tribunal with the authority to compel the credit provider to deliver such statements. The Tribunal concluded that the Respondent is required to provide the Applicant...

Court Disposition

Application granted; Respondent ordered to provide the requested statement of account 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 of the account, amounts credited or debited, amounts overdue and when due, and any amount currently payable and the date it became due, for account reference number 60841028.