Zoko v Standard Bank (NCT/71637/2016/114(1)NCA) [2017] ZANCT 33 (15 February 2017)

Zoko v Standard Bank (NCT/71637/2016/114(1)NCA) [2017] ZANCT 33 (15 February 2017)

The Tribunal found that the Applicant, through his duly authorised agent, made valid requests for a statement of account from the Respondent, as provided for in section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not participate in the proceedings. The Tribunal was satisfied that service was effected and, in the absence of any opposition, deemed the Applicant's allegations admitted. The Tribunal held that the Applicant is entitled to the information specified in section 110(1) of the NCA and granted the application, ordering the Respondent to provide the requested statement within 22 business days.

Citation
[2017] ZANCT 33
Parties
Applicant: Richard Mbuselo Zoko; Respondent: Standard Bank
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71637/2016/114(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 Account Statement, Default Judgment, Credit Provider Obligations
Banking and Finance Civil Procedure National Credit Act Consumer Right to Account Statement Default Judgment Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Richard Mbuselo Zoko

Applicant

Standard Bank

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 duly authorised agent, made valid requests for a statement of account from the Respondent, as provided for in section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not participate in the proceedings. The Tribunal was satisfied that service was effected and, in the absence of any opposition, deemed the Applicant's allegations admitted. The Tribunal held that the Applicant is entitled to the information specified in section 110(1) of the NCA and granted the application, ordering the Respondent to provide the requested 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.
  • Respondent is ordered to provide the Applicant and/or his agent, at his direction, with a statement containing the current balance, amounts credited or debited, amounts overdue and when due, and any amount currently payable and the date it became due for account number 10079031143.