National Credit Regulator v Hewitt (NCT/7939/2013/57(1)) [2016] ZANCT 7 (7 January 2016)

National Credit Regulator v Hewitt (NCT/7939/2013/57(1)) [2016] ZANCT 7 (7 January 2016)

The Tribunal found that the Respondent's registration as a debt counsellor had lapsed by operation of law due to non-payment of annual renewal fees from 2010, and thus the application for cancellation of registration was withdrawn. However, the Tribunal accepted the Applicant's uncontested allegations that the Respondent engaged in prohibited conduct by failing to comply with statutory and regulatory requirements, including receiving funds directly from consumers and failing to maintain proper records. The Tribunal concluded that the Respondent contravened the Act and was liable to refund the consumer Ms MA Osborn the amount unlawfully received. The requirements for a default judgment...

Citation
[2016] ZANCT 7
Parties
Applicant: National Credit Regulator; Respondent: Vanessa Hewitt
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
7 January 2016
Case Number
NCT/7939/2013/57(1)
Procedural Posture
Review Application / Default Judgment After Respondent Failed to File Answering Affidavit.
Outcome
Application for de-registration withdrawn; Respondent found to have engaged in prohibited conduct and ordered to refund consumer.
Judges
H Devraj, T Woker, J Maseko
Legal Topics
National Credit Act, Debt Counsellor Registration, Prohibited Conduct, Refund of Consumer Payments
Commercial and Corporate National Credit Act Debt Counsellor Registration Prohibited Conduct Refund of Consumer Payments

Case Brief

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Parties

National Credit Regulator

Applicant

Vanessa Hewitt

Respondent

Procedural Posture

Review Application / Default Judgment After Respondent Failed to File Answering Affidavit.

Legal Issues

  1. 1 Whether the Respondent's registration as a debt counsellor could be cancelled under Section 57(1) of the National Credit Act.
  2. 2 Whether the Respondent engaged in prohibited conduct by contravening the Act, Regulations, and Conditions of Registration.
  3. 3 Whether the Respondent is liable to refund amounts unlawfully received from a consumer.

Ratio Decidendi

The Tribunal found that the Respondent's registration as a debt counsellor had lapsed by operation of law due to non-payment of annual renewal fees from 2010, and thus the application for cancellation of registration was withdrawn. However, the Tribunal accepted the Applicant's uncontested allegations that the Respondent engaged in prohibited conduct by failing to comply with statutory and regulatory requirements, including receiving funds directly from consumers and failing to maintain proper records. The Tribunal concluded that the Respondent contravened the Act and was liable to refund the consumer Ms MA Osborn the amount unlawfully received. The requirements for a default judgment...

Court Disposition

Application for de-registration withdrawn; Respondent found to have engaged in prohibited conduct and ordered to refund consumer.

Orders

  • The application for de-registration is regarded as withdrawn.
  • The Respondent is found to have contravened the Act and engaged in prohibited conduct in terms of Section 150(a) of the Act.