Nel v First National Bank (NCT/165006/2020/141(1)(b)) [2022] ZANCT 4 (30 January 2022)

Nel v First National Bank (NCT/165006/2020/141(1)(b)) [2022] ZANCT 4 (30 January 2022)

The Tribunal found that the debt complained of by the Applicant had been extinguished by prescription in terms of the Prescription Act. The Respondent confirmed that it would not take any steps to enforce the prescribed debt. Both parties concurred that, in light of the prescription and the Respondent's undertaking, there was no need to pursue the merits of the matter further. The Tribunal accordingly made an order confirming the extinction of the debt and that no enforcement action would be taken, with no order as to costs.

Citation
[2022] ZANCT 4
Parties
Applicant: Machel Margaretha Nel; Respondent: First National Bank, a division of FirstRand Bank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
30 January 2022
Case Number
NCT/165006/2020/141(1)(b)
Procedural Posture
Leave to Appeal / Merits Hearing Following Grant of Leave to Refer Under Section 141(1)(b) of the National Credit Act
Outcome
Application resolved by agreement; debt extinguished by prescription; no order as to costs.
Judges
L. Best, N. Maseti, A. Potwana
Legal Topics
Prescription of Debt, Affordability Assessment, Leave to Refer, Notice of Non Referral
Banking and Finance Civil Procedure Prescription of Debt Affordability Assessment Leave to Refer Notice of Non Referral

Case Brief

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Parties

Machel Margaretha Nel

Applicant

First National Bank, a division of FirstRand Bank Limited

Respondent

Procedural Posture

Leave to Appeal / Merits Hearing Following Grant of Leave to Refer Under Section 141(1)(b) of the National Credit Act

Legal Issues

  1. 1 Whether the Applicant's debt to the Respondent has been extinguished by prescription under the Prescription Act.
  2. 2 Whether the Respondent is entitled to enforce the outstanding loan balance.
  3. 3 Whether any further relief is warranted given the prescription of the debt.

Ratio Decidendi

The Tribunal found that the debt complained of by the Applicant had been extinguished by prescription in terms of the Prescription Act. The Respondent confirmed that it would not take any steps to enforce the prescribed debt. Both parties concurred that, in light of the prescription and the Respondent's undertaking, there was no need to pursue the merits of the matter further. The Tribunal accordingly made an order confirming the extinction of the debt and that no enforcement action would be taken, with no order as to costs.

Court Disposition

Application resolved by agreement; debt extinguished by prescription; no order as to costs.

Orders

  • The debt complained of has been extinguished by prescription in terms of the Prescription Act 68 of 1969.
  • The Respondent will not take any steps to enforce the prescribed debt.