Ntshangase v Capitec (NCT/71665/2016/114(1)NCA) [2017] ZANCT 37 (13 February 2017)

Ntshangase v Capitec (NCT/71665/2016/114(1)NCA) [2017] ZANCT 37 (13 February 2017)

The Tribunal found that the Applicant, through her agent Accord Debt Solutions CC, lawfully requested statements of her account from the Respondent, supported by a valid power of attorney. The Respondent failed to provide the requested statements and did not oppose the application or appear at the hearing. In terms of section 110 of the National Credit Act, the Respondent is obliged to provide the requested account information. Section 114 empowers the Tribunal to order the credit provider to deliver the statement when it is not provided within the required time. The Tribunal was satisfied that service was effected and proceeded on a default basis, granting the application and ordering...

Citation
[2017] ZANCT 37
Parties
Applicant: Ntombufuthi Etty Revival Ntshangase; Respondent: Capitec
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
13 February 2017
Case Number
NCT/71665/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 of the NCA
Outcome
Application granted; Respondent ordered to provide account statement to Applicant or her agent within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Statement Rights, Default Judgment, Credit Provider Obligations
Banking and Finance Civil Procedure National Credit Act Consumer Statement Rights Default Judgment Credit Provider Obligations

Case Brief

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Parties

Ntombufuthi Etty Revival Ntshangase

Applicant

Capitec

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Order Under Section 114 of the NCA

Legal Issues

  1. 1 Whether the Respondent is obliged to provide the Applicant with a statement of her account under section 110 of the National Credit Act.
  2. 2 Whether the Applicant's agent was lawfully entitled to request the statement on her behalf.
  3. 3 Whether the Respondent's failure to respond entitles the Applicant to relief under section 114 of the NCA.

Ratio Decidendi

The Tribunal found that the Applicant, through her agent Accord Debt Solutions CC, lawfully requested statements of her account from the Respondent, supported by a valid power of attorney. The Respondent failed to provide the requested statements and did not oppose the application or appear at the hearing. In terms of section 110 of the National Credit Act, the Respondent is obliged to provide the requested account information. Section 114 empowers the Tribunal to order the credit provider to deliver the statement when it is not provided within the required time. The Tribunal was satisfied that service was effected and proceeded on a default basis, granting the application and ordering...

Court Disposition

Application granted; Respondent ordered to provide account statement to Applicant or her agent within 22 business days.

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicant and/or her agent, at her direction, with a statement containing the current balance, amounts credited or debited, overdue amounts and dates due, and amounts currently payable and dates due for account number 0607111271901909.