Schutte v Woolworths (NCT/71358/2016/114(1)NCA) [2017] ZANCT 17 (15 February 2017)

Schutte v Woolworths (NCT/71358/2016/114(1)NCA) [2017] ZANCT 17 (15 February 2017)

The Tribunal found that the Applicant had lawfully requested a statement of account from the Respondent, Woolworths, through her agent Accord Debt Solutions CC, and that the Respondent failed to comply with the statutory obligation under section 110 of the National Credit Act to provide such a statement within the prescribed period. The Respondent did not oppose the application or appear at the hearing, and the Tribunal was satisfied that service was properly effected. In terms of section 114 of the National Credit Act, the Tribunal is empowered to order the credit provider to provide the requested statement. The Tribunal granted the application and ordered the Respondent to provide the...

Citation
[2017] ZANCT 17
Parties
Applicant: Tanya Schutte; Respondent: Woolworths
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71358/2016/114(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 Right to Statement, Default Judgment, Credit Provider Obligations
Banking and Finance Civil Procedure National Credit Act Consumer Right to Statement Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Tanya Schutte

Applicant

Woolworths

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 section 110 of the National Credit Act.
  2. 2 Whether the Tribunal should order the Respondent to provide the requested statement under section 114 of the National Credit Act.

Ratio Decidendi

The Tribunal found that the Applicant had lawfully requested a statement of account from the Respondent, Woolworths, through her agent Accord Debt Solutions CC, and that the Respondent failed to comply with the statutory obligation under section 110 of the National Credit Act to provide such a statement within the prescribed period. The Respondent did not oppose the application or appear at the hearing, and the Tribunal was satisfied that service was properly effected. In terms of section 114 of the National Credit Act, the Tribunal is empowered to order the credit provider to provide the requested statement. The Tribunal granted the application and ordered the Respondent to provide the...

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 of the account, amounts credited or debited, amounts overdue and when due, and any amount currently payable and the date it became due, for account reference numbers 4103740069889011...