Van Eeden v Absa Bank Limited (NCT/44221/2016/114(1)NCA) [2016] ZANCT 34 (19 September 2016)

Van Eeden v Absa Bank Limited (NCT/44221/2016/114(1)NCA) [2016] ZANCT 34 (19 September 2016)

The Tribunal found that the applicant had made out a case for relief under section 114 of the National Credit Act. The respondent was properly served and failed to oppose the application or provide the requested statement of account. The Tribunal held that the respondent is legally obliged to provide the applicant or his agent with the information set out in section 110(1) of the Act. The application was granted and the respondent was ordered to provide the statement within twenty-two days.

Citation
[2016] ZANCT 34
Parties
Applicant: Heinrich van Eeden; Respondent: ABSA Bank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
19 September 2016
Case Number
NCT/44221/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Statement Under NCA
Outcome
Application granted; respondent ordered to provide statement of account within 22 days.
Judges
D R Terblanche, B Dumisa, P Beck
Legal Topics
National Credit Act, Statement of Account, Consumer Rights, Default Judgment
Banking and Finance Civil Procedure National Credit Act Statement of Account Consumer Rights Default Judgment

Case Brief

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Parties

Heinrich van Eeden

Applicant

ABSA Bank Limited

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Statement Under NCA

Legal Issues

  1. 1 Whether the respondent is obliged to provide the applicant with a statement of account under section 110 of the National Credit Act.
  2. 2 Whether the applicant has made out a case for relief under section 114 of the National Credit Act.
  3. 3 Whether the respondent's failure to provide the statement entitles the applicant to the orders sought.

Ratio Decidendi

The Tribunal found that the applicant had made out a case for relief under section 114 of the National Credit Act. The respondent was properly served and failed to oppose the application or provide the requested statement of account. The Tribunal held that the respondent is legally obliged to provide the applicant or his agent with the information set out in section 110(1) of the Act. The application was granted and the respondent was ordered to provide the statement within twenty-two days.

Court Disposition

Application granted; respondent ordered to provide statement of account within 22 days.

Orders

  • The application is granted.
  • The respondent is ordered to provide the applicant and/or his agent with a statement of account as prescribed by section 110(1) of the National Credit Act for account reference number 03062009.