Schutte v Standard Bank (NCT/71365/2016/114(1)NCA) [2017] ZANCT 19 (15 February 2017)

Schutte v Standard Bank (NCT/71365/2016/114(1)NCA) [2017] ZANCT 19 (15 February 2017)

The Tribunal found that the Applicant was entitled to receive a statement of account from the Respondent under section 110 of the National Credit Act. The Applicant, through Accord Debt Solutions CC, made valid requests for such statements, which were not complied with by the Respondent. The Respondent failed to file any answering affidavit and did not attend the hearing, resulting in the matter proceeding on a default basis. The Tribunal was satisfied that service was effected and that the Applicant's requests were lawful. Accordingly, the Tribunal granted the application and ordered the Respondent to provide the requested statement within 22 business days.

Citation
[2017] ZANCT 19
Parties
Applicant: Tanya Schutte; Respondent: Standard Bank
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71365/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application Under Section 114 of the 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 Right to Information, Default Judgment, Credit Provider Obligations
Banking and Finance Civil Procedure National Credit Act Consumer Right to Information Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Tanya Schutte

Applicant

Standard Bank

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent failed to provide the Applicant with a statement of account as required by section 110 of the National Credit Act.
  2. 2 Whether the Applicant is entitled to an order compelling the Respondent to provide the requested statement under section 114 of the National Credit Act.

Ratio Decidendi

The Tribunal found that the Applicant was entitled to receive a statement of account from the Respondent under section 110 of the National Credit Act. The Applicant, through Accord Debt Solutions CC, made valid requests for such statements, which were not complied with by the Respondent. The Respondent failed to file any answering affidavit and did not attend the hearing, resulting in the matter proceeding on a default basis. The Tribunal was satisfied that service was effected and that the Applicant's requests were lawful. Accordingly, the Tribunal granted the application and ordered the Respondent to provide the requested statement within 22 business days.

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, amounts credited or debited, overdue amounts and dates, and amounts currently payable and dates, for account reference number 402264304.