Vos v RCS (NCT/1266/2016/114(1)NCA) [2017] ZANCT 11 (15 February 2017)

Vos v RCS (NCT/1266/2016/114(1)NCA) [2017] ZANCT 11 (15 February 2017)

The Tribunal found that the Applicant was entitled to receive a statement of account from the Respondent under section 110 of the National Credit Act. The Applicant, through her agent Accord Debt Solutions CC, made multiple requests for the statement, which the Respondent failed to provide. The Respondent did not oppose the application or appear at the hearing, and the Tribunal deemed the Applicant's allegations admitted. The Tribunal concluded that the Respondent is required to provide the Applicant or her agent with the requested statement, as set out in section 110(1) of the NCA, and granted the application accordingly.

Citation
[2017] ZANCT 11
Parties
Applicant: Augustinus Vos; Respondent: RCS
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/1266/2016/114(1)NCA
Procedural Posture
Review Application / Default Judgment; Application for Order Under Section 114 NCA
Outcome
Application granted; Respondent ordered to provide statement of account to Applicant within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Right to Statement, Default Judgment, Credit Provider Obligations
Civil Procedure Banking and Finance National Credit Act Consumer Right to Statement Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Augustinus Vos

Applicant

RCS

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent failed to provide the Applicant with a statement of account as required by section 110 of the National Credit Act.
  2. 2 Whether the Tribunal should order the Respondent to provide the requested statement under section 114 of the National Credit Act.

Ratio Decidendi

The Tribunal found that the Applicant was entitled to receive a statement of account from the Respondent under section 110 of the National Credit Act. The Applicant, through her agent Accord Debt Solutions CC, made multiple requests for the statement, which the Respondent failed to provide. The Respondent did not oppose the application or appear at the hearing, and the Tribunal deemed the Applicant's allegations admitted. The Tribunal concluded that the Respondent is required to provide the Applicant or her agent with the requested statement, as set out in section 110(1) of the NCA, and granted the application accordingly.

Court Disposition

Application granted; Respondent ordered to provide statement of account to Applicant 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 currently overdue and when each became due, and any amount currently payable and the date it became due, for account number...