Willemse v Capitec (NCT/71648/2016/114(1)NCA) [2017] ZANCT 35 (15 February 2017)

Willemse v Capitec (NCT/71648/2016/114(1)NCA) [2017] ZANCT 35 (15 February 2017)

The Tribunal found that the Applicant, through his duly authorized agent, made valid requests for a statement of account from the Respondent, who failed to comply. The application was properly served, and the Respondent did not oppose or appear. Section 110 of the National Credit Act imposes a clear obligation on credit providers to deliver statements upon request, and section 114 provides the Tribunal with the power to order compliance. The Tribunal was satisfied that the Applicant was entitled to the relief sought and granted the application on a default basis, ordering the Respondent to provide the required statement within 22 business days.

Citation
[2017] ZANCT 35
Parties
Applicant: Richard Norman Willemse; Respondent: CAPITEC
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71648/2016/114(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 or his agent within 22 business days.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Statement Rights, Default Judgment, Credit Provider Obligations
Banking and Finance Civil Procedure National Credit Act Consumer Statement Rights Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Norman Willemse

Applicant

CAPITEC

Respondent

Procedural Posture

Review Application / Default Judgment; Application for Order Under Section 114 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's agent was lawfully entitled to request the statement on his behalf.
  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 Applicant, through his duly authorized agent, made valid requests for a statement of account from the Respondent, who failed to comply. The application was properly served, and the Respondent did not oppose or appear. Section 110 of the National Credit Act imposes a clear obligation on credit providers to deliver statements upon request, and section 114 provides the Tribunal with the power to order compliance. The Tribunal was satisfied that the Applicant was entitled to the relief sought and granted the application on a default basis, ordering the Respondent to provide the required statement within 22 business days.

Court Disposition

Application granted; Respondent ordered to provide statement of account to Applicant or his agent within 22 business days.

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicant and/or his agent, at his direction, with a statement containing the current balance, all credited and debited amounts, any amounts overdue and when due, and any amount currently payable and the date it became due for account reference [7...].