Schutte v RCS (NCT/71411/2016/114(1)NCA) [2017] ZANCT 20 (16 February 2017)

Schutte v RCS (NCT/71411/2016/114(1)NCA) [2017] ZANCT 20 (16 February 2017)

The Tribunal found that the Applicant made valid requests for a statement of account, which the Respondent failed to deliver. The Tribunal was satisfied that service of the application was effected and, in the absence of any response or appearance by the Respondent, proceeded on a default basis. The Tribunal held that section 110 of the National Credit Act entitles the consumer to request statements and section 114 provides a remedy to compel compliance. Accord Debt Solutions CC was lawfully authorised to act on behalf of the Applicant. The Respondent was therefore ordered to provide the requested statement within the prescribed period.

Citation
[2017] ZANCT 20
Parties
Applicant: Tanya Schutte; Respondent: RCS
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
16 February 2017
Case Number
NCT/71411/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 NCA
Outcome
Application granted; Respondent ordered to provide statement of account 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
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

Tanya Schutte

Applicant

RCS

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent, as credit provider, failed to provide the Applicant with a statement of account as required by the National Credit Act.
  2. 2 Whether the Applicant is entitled to an order compelling the Respondent to deliver the requested statement under section 114 of the NCA.

Ratio Decidendi

The Tribunal found that the Applicant made valid requests for a statement of account, which the Respondent failed to deliver. The Tribunal was satisfied that service of the application was effected and, in the absence of any response or appearance by the Respondent, proceeded on a default basis. The Tribunal held that section 110 of the National Credit Act entitles the consumer to request statements and section 114 provides a remedy to compel compliance. Accord Debt Solutions CC was lawfully authorised to act on behalf of the Applicant. The Respondent was therefore ordered to provide the requested statement within the prescribed period.

Court Disposition

Application granted; Respondent ordered to provide statement of account 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, all credited and debited amounts, any overdue amounts and their due dates, and any amount currently payable and its due date for account reference 5008780077.