DIFC 204/2019

Jakif Bank (PJSC) v Jesna

This case involved an unpaid loan where there was contract to pay the loan in instalments and default. A key issue was whether attempts to restructure the debt should make a difference.

Background

The Claimant Jakif Bank (PJSC), was a bank providing financial services including credit cards and personal loans to customers including the

Defendant Jesna. The parties entered into a written agreement on 30 March 2015, entitled ‘JAKIF Simply Life Personal Loan Application Form'. Under the terms of the Agreement, the Claimant received a loan of 275,000 AED which was to be repaid in 48 monthly instalments. The Claimant later restructured the loan to 187,044.70 AED trepayable in 96 instalments of 3,919 AED. The Defendant made regular repayments of the loan until 25 December 2018, after which date, he fell into arrears. The remaining amount currently outstanding was 176,306.18 AED.

Following the Defendant's failure to keep up with his repayments, the Claimant filed a claim to recover the amounts on 17 April 2019. Although the Defendant indicated his intention to defend all of the Claim, no defence was submitted.