Willemse v Nedbank (NCT/71644/2016/114(1)NCA) [2017] ZANCT 34 (15 February 2017)

Willemse v Nedbank (NCT/71644/2016/114(1)NCA) [2017] ZANCT 34 (15 February 2017)

The Tribunal found that the Applicant, through his authorized agent, made valid requests for a statement of account as provided for under section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not participate in the proceedings or file any answering affidavit. The Tribunal was satisfied that service was effected and proceeded on a default basis. The law clearly obliges the credit provider to deliver the requested statement within the statutory period. The Tribunal granted the application and ordered the Respondent to provide the required statement within twenty-two business days.

Citation
[2017] ZANCT 34
Parties
Applicant: Richard Norman Willemse; Respondent: NEDBANK
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71644/2016/114(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 Right to Information, Default Judgment, Credit Provider Obligations
Banking and Finance Civil Procedure National Credit Act Consumer Right to Information Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Norman Willemse

Applicant

NEDBANK

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 of the Respondent's participation.

Ratio Decidendi

The Tribunal found that the Applicant, through his authorized agent, made valid requests for a statement of account as provided for under section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not participate in the proceedings or file any answering affidavit. The Tribunal was satisfied that service was effected and proceeded on a default basis. The law clearly obliges the credit provider to deliver the requested statement within the statutory period. The Tribunal granted the application and ordered the Respondent to provide the required statement within twenty-two 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.
  • 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 overdue amounts and their due dates, and any amount currently payable and its due date for account reference 5898460901878181.