Van Staden and Another v Standard Bank (NCT/70149/2016/114(1)NCA) [2017] ZANCT 9 (15 February 2017)

Van Staden and Another v Standard Bank (NCT/70149/2016/114(1)NCA) [2017] ZANCT 9 (15 February 2017)

The Tribunal found that the Applicants had lawfully requested statements of their account from the Respondent, both directly and through their authorized agent, Accord Debt Solutions CC. The Respondent failed to comply with these requests and did not participate in the proceedings. The Tribunal was satisfied that service was effected and, in the absence of any opposition, deemed the allegations admitted. Section 110 of the National Credit Act clearly entitles consumers to request account statements, and section 114 provides the Tribunal with the power to order compliance. The Tribunal granted the application and ordered the Respondent to provide the requested statement within twenty-two...

Citation
[2017] ZANCT 9
Parties
Applicant: Yolanda van Staden; Applicant: Hendrik van Staden; Respondent: Standard Bank
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/70149/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 of the NCA
Outcome
Application granted; Respondent ordered to provide account statement within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Rights, Account Statement Request, Default Judgment
Banking and Finance Civil Procedure National Credit Act Consumer Rights Account Statement Request Default Judgment

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 3 Party arguments 2
Sign in to unlock

Parties

Yolanda van Staden

Applicant

Hendrik van Staden

Applicant

Standard Bank

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent is obliged to provide the Applicants with a statement of their account under section 110 of the National Credit Act.
  2. 2 Whether the Applicants' agent was lawfully entitled to request the statement on their behalf.
  3. 3 Whether the Tribunal should grant the application in default of the Respondent's participation.

Ratio Decidendi

The Tribunal found that the Applicants had lawfully requested statements of their account from the Respondent, both directly and through their authorized agent, Accord Debt Solutions CC. The Respondent failed to comply with these requests and did not participate in the proceedings. The Tribunal was satisfied that service was effected and, in the absence of any opposition, deemed the allegations admitted. Section 110 of the National Credit Act clearly entitles consumers to request account statements, and section 114 provides the Tribunal with the power to order compliance. The Tribunal granted the application and ordered the Respondent to provide the requested statement within twenty-two...

Court Disposition

Application granted; Respondent ordered to provide account statement within 22 business days.

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicants and/or their agent, at their direction, with a statement containing the current balance, amounts credited or debited, amounts overdue and when due, and amounts currently payable and the date due, for account reference number 5221266266264596338.