Schutte v Woolworths (NCT/71351/2016/114(1)NCA) [2017] ZANCT 15 (15 February 2017)

Schutte v Woolworths (NCT/71351/2016/114(1)NCA) [2017] ZANCT 15 (15 February 2017)

The Tribunal found that the Applicant was entitled to request a statement of her account from the Respondent under section 110 of the National Credit Act. The Applicant, through her agent Accord Debt Solutions, made written requests for the statement, which the Respondent failed to provide. The Respondent did not oppose the application or appear at the hearing, and the Tribunal deemed the Applicant's allegations admitted. The Tribunal held that the Respondent was required to provide the requested statement and granted the application, ordering the Respondent to deliver the statement within twenty-two business days.

Citation
[2017] ZANCT 15
Parties
Applicant: Tanya Schutte; Respondent: Woolworths
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71351/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 of the NCA
Outcome
Application granted; Respondent ordered to provide statement of account to Applicant or her agent within twenty-two business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Statement Rights, Default Judgment, Credit Provider Obligations
Banking and Finance Civil Procedure 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

Woolworths

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Order 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 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 was entitled to request a statement of her account from the Respondent under section 110 of the National Credit Act. The Applicant, through her agent Accord Debt Solutions, made written requests for the statement, which the Respondent failed to provide. The Respondent did not oppose the application or appear at the hearing, and the Tribunal deemed the Applicant's allegations admitted. The Tribunal held that the Respondent was required to provide the requested statement and granted the application, ordering the Respondent to deliver the statement within twenty-two business days.

Court Disposition

Application granted; Respondent ordered to provide statement of account to Applicant or her agent within twenty-two 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 payable and dates, for account reference 6007851103800013.