Van Staden and Another v Woolworths (NCT/70147/2016/114(1)NCA) [2017] ZANCT 8 (15 February 2017)

Van Staden and Another v Woolworths (NCT/70147/2016/114(1)NCA) [2017] ZANCT 8 (15 February 2017)

The Tribunal found that the Applicants, through Accord Debt Solutions CC and a valid power of attorney, lawfully requested account statements from the Respondent under 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, in the absence of any opposition, deemed the Applicants' allegations admitted. The Tribunal held that the Applicants are entitled to the information specified in section 110(1) and granted the application, ordering the Respondent to provide the requested statement within twenty-two business days.

Citation
[2017] ZANCT 8
Parties
Applicant: Yolanda van Staden; Applicant: Hendrik van Staden; Respondent: Woolworths
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/70147/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Statement Under Section 114 NCA
Outcome
Application granted; Respondent ordered to provide statement of account to Applicants or their agent within twenty-two business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Statement Rights, Default Judgment, Credit Agreement Disclosure
Banking and Finance Civil Procedure National Credit Act Consumer Statement Rights Default Judgment Credit Agreement Disclosure

Case Brief

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Parties

Yolanda van Staden

Applicant

Hendrik van Staden

Applicant

Woolworths

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent is obliged to provide the Applicants or their agent with a statement of account under section 110 of the National Credit Act.
  2. 2 Whether the Applicants' requests for statements were lawfully made and not frivolous or vexatious.
  3. 3 Whether the Tribunal should grant the application in default due to the Respondent's non-participation.

Ratio Decidendi

The Tribunal found that the Applicants, through Accord Debt Solutions CC and a valid power of attorney, lawfully requested account statements from the Respondent under 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, in the absence of any opposition, deemed the Applicants' allegations admitted. The Tribunal held that the Applicants are entitled to the information specified in section 110(1) and granted the application, ordering the Respondent to provide the requested statement within twenty-two business days.

Court Disposition

Application granted; Respondent ordered to provide statement of account to Applicants or their agent within twenty-two 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, all credited and debited amounts, any overdue amounts and their due dates, and any amount currently payable and its due date for account reference 6007850306949395.