NCA Billings v Nel (NCT/170270/2020/141(1) NCA) [2021] ZANCT 45 (20 September 2021)

NCA Billings v Nel (NCT/170270/2020/141(1) NCA) [2021] ZANCT 45 (20 September 2021)

The Tribunal found that the applicant made general allegations without providing specific details or referencing contraventions of the National Credit Act. The evidence, including the Notice of non-referral from the National Credit Regulator and the respondent's affidavit, did not disclose any prohibited conduct by the respondent. The applicant did not follow the statutory process under section 72 of the National Credit Act to challenge her credit bureau listing. The Tribunal concluded that there was no basis for granting leave to refer the matter directly to the Tribunal, as the applicant failed to establish any grounds warranting the Tribunal's attention.

Citation
[2021] ZANCT 45
Parties
Applicant: Rashida Billings; Respondent: Hendrik Christoffel Nel
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
20 September 2021
Case Number
NCT/170270/2020/141(1) NCA
Procedural Posture
Leave to Appeal / Application for Leave to Refer Under Section 141(1) of the NCA
Outcome
Application for leave to refer refused.
Judges
J Simpson, A Potwana, F Manamela
Legal Topics
National Credit Act, Debt Review, Leave to Refer, Credit Bureau Listing
Civil Procedure Banking and Finance National Credit Act Debt Review Leave to Refer Credit Bureau Listing

Case Brief

Summary, issues, holding and outcome

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Parties

Rashida Billings

Applicant

Hendrik Christoffel Nel

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Under Section 141(1) of the NCA

Legal Issues

  1. 1 Whether the applicant has provided sufficient grounds for leave to refer the matter directly to the Tribunal under section 141(1) of the National Credit Act.
  2. 2 Whether the respondent engaged in prohibited conduct under the National Credit Act.
  3. 3 Whether the applicant followed the correct statutory process to challenge her credit bureau listing.

Ratio Decidendi

The Tribunal found that the applicant made general allegations without providing specific details or referencing contraventions of the National Credit Act. The evidence, including the Notice of non-referral from the National Credit Regulator and the respondent's affidavit, did not disclose any prohibited conduct by the respondent. The applicant did not follow the statutory process under section 72 of the National Credit Act to challenge her credit bureau listing. The Tribunal concluded that there was no basis for granting leave to refer the matter directly to the Tribunal, as the applicant failed to establish any grounds warranting the Tribunal's attention.

Court Disposition

Application for leave to refer refused.

Orders

  • The applicant's application for leave to refer the matter directly to the Tribunal is refused.
  • There is no order as to costs.