Van Staden v Experian (Pty) Ltd and Another (NCT/226905/2022/141(1)(b)) [2022] ZANCT 66 (5 December 2022)

Van Staden v Experian (Pty) Ltd and Another (NCT/226905/2022/141(1)(b)) [2022] ZANCT 66 (5 December 2022)

The Tribunal found that the Applicant's complaint arose in 2007 when he was reported to Experian, and the three-year period for referral expired in 2010. The Applicant only filed his complaint with the Tribunal in May 2022, more than twelve years after the expiry of the statutory period. The National Credit Act does not provide for extension of the time bar based on discovery of the act or omission. The Tribunal has no discretion to extend or interrupt the time bar. Consequently, the Applicant is time-barred from referring the matter to the Tribunal, and leave to refer is refused.

Citation
[2022] ZANCT 66
Parties
Applicant: Cornelis Hendrick Van Staden; Respondent: Experian (Pty) Ltd; Respondent: First National Bank (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
5 December 2022
Case Number
NCT/226905/2022/141(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal
Outcome
Application for leave to refer the matter directly to the Tribunal is refused due to statutory time bar.
Judges
CJ Ntsoane, A Potwana, N Maseti
Legal Topics
Credit Bureau Listing, Time Bar, Leave to Refer, National Credit Act
Banking and Finance Civil Procedure Credit Bureau Listing Time Bar Leave to Refer National Credit Act

Case Brief

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Parties

Cornelis Hendrick Van Staden

Applicant

Experian (Pty) Ltd

Respondent

First National Bank (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal

Legal Issues

  1. 1 Whether the Applicant's complaint is time-barred under section 166 of the National Credit Act.
  2. 2 Whether leave should be granted to refer the complaint directly to the Tribunal under section 141(1)(b) of the National Credit Act.

Ratio Decidendi

The Tribunal found that the Applicant's complaint arose in 2007 when he was reported to Experian, and the three-year period for referral expired in 2010. The Applicant only filed his complaint with the Tribunal in May 2022, more than twelve years after the expiry of the statutory period. The National Credit Act does not provide for extension of the time bar based on discovery of the act or omission. The Tribunal has no discretion to extend or interrupt the time bar. Consequently, the Applicant is time-barred from referring the matter to the Tribunal, and leave to refer is refused.

Court Disposition

Application for leave to refer the matter directly to the Tribunal is refused due to statutory time bar.

Orders

  • The Application for leave to refer the matter directly to the Tribunal is refused.
  • There is no costs order.