Pretorius v Direct Axis (58622/2016/114NCA) [2016] ZANCT 55 (7 December 2016)

Pretorius v Direct Axis (58622/2016/114NCA) [2016] ZANCT 55 (7 December 2016)

The Tribunal found that the Applicant had lawfully requested statements of account from the Respondent, who failed to comply with the statutory obligation under section 110 of the National Credit Act. The Respondent was properly served and did not oppose the application. The Tribunal was satisfied that the Applicant had made out a case on the balance of probabilities and was entitled to relief under section 114 of the NCA. The Tribunal ordered the Respondent to provide the requested statement within twenty-two business days.

Citation
[2016] ZANCT 55
Parties
Applicant: Emarie Magda Pretorius; Respondent: Direct Axis
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
7 December 2016
Case Number
58622/2016/114 NCA
Procedural Posture
Review Application / Default Judgment
Outcome
Application granted. Respondent ordered to provide the requested statement within twenty-two business days. No order as to costs.
Judges
J. Simpson, D Terblanche, FK Manamela
Legal Topics
National Credit Act, Consumer Statement Rights, Default Judgment, Credit Provider Obligations
Civil Procedure Banking and Finance National Credit Act Consumer Statement Rights Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Emarie Magda Pretorius

Applicant

Direct Axis

Respondent

Procedural Posture

Review Application / Default Judgment

Legal Issues

  1. 1 Whether the Respondent was obliged under the National Credit Act to provide the Applicant with a statement of account upon request.
  2. 2 Whether the Applicant's requests for statements were lawfully made and properly served.
  3. 3 Whether the Tribunal should grant relief in the absence of opposition from the Respondent.

Ratio Decidendi

The Tribunal found that the Applicant had lawfully requested statements of account from the Respondent, who failed to comply with the statutory obligation under section 110 of the National Credit Act. The Respondent was properly served and did not oppose the application. The Tribunal was satisfied that the Applicant had made out a case on the balance of probabilities and was entitled to relief under section 114 of the NCA. The Tribunal ordered the Respondent to provide the requested statement within twenty-two business days.

Court Disposition

Application granted. Respondent ordered to provide the requested statement within twenty-two business days. No order as to costs.

Orders

  • The application is granted.
  • Respondent is ordered to provide the Applicant and/or his agent, at his direction, with a statement containing the current balance, amounts credited or debited, amounts overdue and when due, and amounts currently payable and the date due, for account reference number 85228682195.