National Credit Regulator v Segelaar and Others (NCT/195105/2021/140(1)) [2021] ZANCT 47 (18 October 2021)

National Credit Regulator v Segelaar and Others (NCT/195105/2021/140(1)) [2021] ZANCT 47 (18 October 2021)

The Tribunal found, on a balance of probabilities and in the absence of any contrary evidence, that the First Respondent unlawfully listed the Second Respondent as having applied for debt review without any application or consent. This conduct breached conditions 1, 2, and 4 of her registration and contravened section 52(5)(c) of the National Credit Act. The facts were deemed admitted due to the respondents' failure to oppose. The incorrect listing prejudiced the Second Respondent and must be removed from the Debt Help System and all credit bureau records. The Tribunal also noted that the Applicant could have advised the Second Respondent to challenge the listing under section 72 of the...

Citation
[2021] ZANCT 47
Parties
Applicant: National Credit Regulator; Respondent: Gruzelda Rouxnell Segelaar; Respondent: Eddie Sampson; Respondent: Transunion Credit Bureau (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
18 October 2021
Case Number
NCT/195105/2021/140(1)
Procedural Posture
Complaint Application / Default Judgment
Outcome
Application granted. The First Respondent committed prohibited conduct and must ensure removal of the unlawful debt review listing. The Applicant is also ordered to take steps to remove the listing. No order as to costs.
Judges
A Potwana, M Peenze, D Terblanche
Legal Topics
National Credit Act, Debt Counselling, Prohibited Conduct, Credit Bureau Listing
Banking and Finance Civil Procedure National Credit Act Debt Counselling Prohibited Conduct Credit Bureau Listing

Case Brief

Summary, issues, holding and outcome

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Parties

National Credit Regulator

Applicant

Gruzelda Rouxnell Segelaar

Respondent

Eddie Sampson

Respondent

Transunion Credit Bureau (Pty) Ltd

Respondent

Procedural Posture

Complaint Application / Default Judgment

Legal Issues

  1. 1 Did the First Respondent contravene section 52(5)(c) of the National Credit Act read with general conditions 1, 2 and 4 of her conditions of registration by listing the Second Respondent as under debt review without application?
  2. 2 Is the Applicant entitled to the relief sought, including removal of the unlawful debt review listing and a declaration of prohibited conduct?

Ratio Decidendi

The Tribunal found, on a balance of probabilities and in the absence of any contrary evidence, that the First Respondent unlawfully listed the Second Respondent as having applied for debt review without any application or consent. This conduct breached conditions 1, 2, and 4 of her registration and contravened section 52(5)(c) of the National Credit Act. The facts were deemed admitted due to the respondents' failure to oppose. The incorrect listing prejudiced the Second Respondent and must be removed from the Debt Help System and all credit bureau records. The Tribunal also noted that the Applicant could have advised the Second Respondent to challenge the listing under section 72 of the...

Court Disposition

Application granted. The First Respondent committed prohibited conduct and must ensure removal of the unlawful debt review listing. The Applicant is also ordered to take steps to remove the listing. No order as to costs.

Orders

  • The First Respondent contravened section 52(5)(c) read with conditions 1, 2 and 4 of her conditions of registration.
  • The First Respondent's contravention constitutes prohibited conduct under the National Credit Act.