Triegaardt v Old Mutual (NCT/71668/2016/114(1)NCA) [2017] ZANCT 39 (16 February 2017)

Triegaardt v Old Mutual (NCT/71668/2016/114(1)NCA) [2017] ZANCT 39 (16 February 2017)

The Tribunal found that the Applicant, through her agent Accord Debt Solutions CC, had lawfully requested a statement of account from the Respondent in terms of 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 statutory provisions entitle the consumer to receive such statements, and the Tribunal is empowered under section 114 to compel compliance. The Applicant's agent acted lawfully under a valid power of attorney. Accordingly, the Tribunal granted the application and ordered the Respondent to provide the...

Citation
[2017] ZANCT 39
Parties
Applicant: Ingrid Marcha Triegaardt; Respondent: OLD MUTUAL
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
16 February 2017
Case Number
NCT/71668/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 NCA
Outcome
Application granted; Respondent ordered to provide statement within 22 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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Ingrid Marcha Triegaardt

Applicant

OLD MUTUAL

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent, as credit provider, was 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 an order compelling the Respondent to provide the requested statement.

Ratio Decidendi

The Tribunal found that the Applicant, through her agent Accord Debt Solutions CC, had lawfully requested a statement of account from the Respondent in terms of 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 statutory provisions entitle the consumer to receive such statements, and the Tribunal is empowered under section 114 to compel compliance. The Applicant's agent acted lawfully under a valid power of attorney. Accordingly, the Tribunal granted the application and ordered the Respondent to provide the...

Court Disposition

Application granted; Respondent ordered to provide statement 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 amounts credited or debited, any amounts overdue and when due, and any amount currently payable and the date due, for account reference 138575005/69 or [6...].