Schutte v Nedbank (NCT/71361/2016/114(1)NCA) [2017] ZANCT 18 (15 February 2017)

Schutte v Nedbank (NCT/71361/2016/114(1)NCA) [2017] ZANCT 18 (15 February 2017)

The Tribunal found that the Applicant, through her agent Accord Debt Solutions, made valid requests for account statements from the Respondent, as permitted by section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not participate in the proceedings. The Tribunal was satisfied that service was effected and proceeded on a default basis. The Applicant's agent was lawfully authorised by power of attorney. The Tribunal held that the Respondent is obliged to provide the Applicant and/or her agent with the information specified in section 110(1) of the NCA. Accordingly, the application was granted and the Respondent was ordered to provide the...

Citation
[2017] ZANCT 18
Parties
Applicant: Tanya Schutte; Respondent: NEDBANK
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71361/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Statement Under Section 114 NCA
Outcome
Application granted. Respondent ordered to provide account statement to Applicant and/or her agent within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Rights, Account Statement Request, Default Judgment
Banking and Finance Civil Procedure National Credit Act Consumer Rights Account Statement Request Default Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Tanya Schutte

Applicant

NEDBANK

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Statement Under Section 114 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 Tribunal should grant the application in default due to the Respondent's non-participation.

Ratio Decidendi

The Tribunal found that the Applicant, through her agent Accord Debt Solutions, made valid requests for account statements from the Respondent, as permitted by section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not participate in the proceedings. The Tribunal was satisfied that service was effected and proceeded on a default basis. The Applicant's agent was lawfully authorised by power of attorney. The Tribunal held that the Respondent is obliged to provide the Applicant and/or her agent with the information specified in section 110(1) of the NCA. Accordingly, the application was granted and the Respondent was ordered to provide the...

Court Disposition

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

Orders

  • The application is granted.
  • 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, and amounts currently payable and dates, for account reference 5898460755591203.