Yunus v Woolworths (58533/2016/114NCA) [2016] ZANCT 57 (7 December 2016)

Yunus v Woolworths (58533/2016/114NCA) [2016] ZANCT 57 (7 December 2016)

The Tribunal found that the Applicant had made repeated requests for account statements from the Respondent, which were not met. The Respondent was properly served with the application and failed to appear or oppose the matter. Section 110 of the National Credit Act imposes a clear obligation on credit providers to deliver statements upon request. The Applicant, through her agent, was entitled to request such statements, and the Respondent's failure to comply justified the Tribunal's intervention under section 114. The Tribunal was satisfied that the Applicant had established her case on a balance of probabilities and granted the relief sought, ordering the Respondent to provide the...

Citation
[2016] ZANCT 57
Parties
Applicant: Fazhana Yunus; Respondent: Woolworths
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
7 December 2016
Case Number
58533/2016/114NCA
Procedural Posture
Review Application / Default Judgment; Application Under Section 114 of the NCA
Outcome
Application granted; Respondent ordered to provide the requested account statement within 22 business days; no order as to costs.
Judges
J Simpson, D Terblanche, FK Manamela
Legal Topics
National Credit Act, Consumer Right to Statement, Default Judgment, Credit Provider Obligations
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

Fazhana Yunus

Applicant

Woolworths

Respondent

Procedural Posture

Review Application / Default Judgment; Application Under Section 114 of the NCA

Legal Issues

  1. 1 Whether the Respondent, as a credit provider, was obliged to provide the Applicant with a statement of account under section 110 of the National Credit Act.
  2. 2 Whether the Applicant is entitled to relief under section 114 of the National Credit Act due to the Respondent's failure to provide the requested statement.

Ratio Decidendi

The Tribunal found that the Applicant had made repeated requests for account statements from the Respondent, which were not met. The Respondent was properly served with the application and failed to appear or oppose the matter. Section 110 of the National Credit Act imposes a clear obligation on credit providers to deliver statements upon request. The Applicant, through her agent, was entitled to request such statements, and the Respondent's failure to comply justified the Tribunal's intervention under section 114. The Tribunal was satisfied that the Applicant had established her case on a balance of probabilities and granted the relief sought, ordering the Respondent to provide the...

Court Disposition

Application granted; Respondent ordered to provide the requested account statement within 22 business days; no order as to costs.

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 6007850128626585, including the current balance, all credited and debited amounts, any overdue amounts and their due dates, and any amounts currently payable and their due dates.