National Credit Regulator v Bnglan Trading CC t/a Bnglan Cash Loans (NCT/91472/2017/57(1)(NCA)) [2018] ZANCT 71 (9 April 2018)

National Credit Regulator v Bnglan Trading CC t/a Bnglan Cash Loans (NCT/91472/2017/57(1)(NCA)) [2018] ZANCT 71 (9 April 2018)

The Tribunal found that the Respondent repeatedly contravened several provisions of the National Credit Act and its conditions of registration, including failing to conduct proper affordability assessments, granting reckless credit, charging undisclosed fees, and operating under another credit provider's registration. The Respondent did not oppose the application or provide any evidence to refute the Applicant's allegations. The Tribunal held that the evidence established prohibited conduct on a balance of probabilities. Given the gravity and extent of the contraventions, the Tribunal determined that cancellation of the Respondent's registration and the imposition of an administrative...

Citation
[2018] ZANCT 71
Parties
Applicant: National Credit Regulator; Respondent: Bnglan Trading CC t/a Bnglan Cash Loans
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
9 April 2018
Case Number
NCT/91472/2017/57(1)(NCA)
Procedural Posture
Cancellation Application / Judgment After Default Hearing
Outcome
Application granted. Respondent's registration as a credit provider cancelled. Administrative fine imposed. Further remedial orders granted.
Judges
PA Beck, L Best, F K Sibanda
Legal Topics
Credit Provider Registration, Reckless Credit Granting, Administrative Fine, Prohibited Conduct, Affordability Assessment, Consumer Protection
Banking and Finance Civil Procedure Credit Provider Registration Reckless Credit Granting Administrative Fine Prohibited Conduct Affordability Assessment Consumer Protection

Case Brief

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Parties

National Credit Regulator

Applicant

Bnglan Trading CC t/a Bnglan Cash Loans

Respondent

Procedural Posture

Cancellation Application / Judgment After Default Hearing

Legal Issues

  1. 1 Whether the Respondent repeatedly contravened the National Credit Act and its conditions of registration.
  2. 2 Whether the Respondent's registration as a credit provider should be cancelled.
  3. 3 Whether the Respondent's conduct warrants the imposition of an administrative fine.

Ratio Decidendi

The Tribunal found that the Respondent repeatedly contravened several provisions of the National Credit Act and its conditions of registration, including failing to conduct proper affordability assessments, granting reckless credit, charging undisclosed fees, and operating under another credit provider's registration. The Respondent did not oppose the application or provide any evidence to refute the Applicant's allegations. The Tribunal held that the evidence established prohibited conduct on a balance of probabilities. Given the gravity and extent of the contraventions, the Tribunal determined that cancellation of the Respondent's registration and the imposition of an administrative...

Court Disposition

Application granted. Respondent's registration as a credit provider cancelled. Administrative fine imposed. Further remedial orders granted.

Orders

  • The Respondent's registration as a credit provider is cancelled with immediate effect.
  • The Respondent is declared to be in repeated contravention of specified sections of the National Credit Act and its conditions of registration.