Yunus v RCS (58543/2016/114NCA) [2016] ZANCT 56 (7 December 2016)

Yunus v RCS (58543/2016/114NCA) [2016] ZANCT 56 (7 December 2016)

The Tribunal found that the Applicant had lawfully requested statements of her account from the Respondent, supported by a power of attorney. The Respondent was properly served with the application and failed to appear or oppose the matter. The Tribunal was satisfied that the Applicant's requests were legitimate and not frivolous or vexatious. Section 110 of the National Credit Act imposes a clear obligation on credit providers to furnish account statements upon request. The Respondent's failure to comply entitled the Applicant to relief under section 114. The Tribunal granted the application and ordered the Respondent to provide the requested statement within 22 business days.

Citation
[2016] ZANCT 56
Parties
Applicant: Fazhana Yunus; Respondent: RCS
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
7 December 2016
Case Number
58543/2016/114NCA
Procedural Posture
Review Application / Default Judgment; Merits
Outcome
Application granted; Respondent ordered to provide account statement within 22 business days.
Judges
J. Simpson, D Terblanche, FK Manamela
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

Fazhana Yunus

Applicant

RCS

Respondent

Procedural Posture

Review Application / Default Judgment; Merits

Legal Issues

  1. 1 Whether the Respondent, as a credit provider, was obliged to provide the Applicant with a statement of her account under section 110 of the National Credit Act.
  2. 2 Whether the Applicant's requests for statements were lawfully made and not frivolous or vexatious.
  3. 3 Whether the Tribunal should grant relief compelling the Respondent to provide the requested statement.

Ratio Decidendi

The Tribunal found that the Applicant had lawfully requested statements of her account from the Respondent, supported by a power of attorney. The Respondent was properly served with the application and failed to appear or oppose the matter. The Tribunal was satisfied that the Applicant's requests were legitimate and not frivolous or vexatious. Section 110 of the National Credit Act imposes a clear obligation on credit providers to furnish account statements upon request. The Respondent's failure to comply entitled the Applicant to relief under section 114. The Tribunal granted the application and ordered the Respondent to provide the requested statement within 22 business days.

Court Disposition

Application granted; Respondent ordered to provide account statement within 22 business days.

Orders

  • The application is granted.
  • Respondent is ordered to provide the Applicant and/or her agent, at her direction, with a statement of her account under reference number 60102461000003800126, including the current balance, all credited and debited amounts, any overdue amounts and their due dates, and any amount currently payable and its due date.