DIFC 396/2020

Mindali v Meun

This case involved money owed with a credit card which had been applied for online. The key issue was whether there had been a valid opt in to the DIFC jurisdiction by reference to terms and conditions on the website and a statement in the welcome pack.

Background

The Claimant was Mindali a bank providing financial services to customers.

The Defendant was Mr. Meun, an individual customer of the Bank.

3. On 12 November 2020, the Claimant filed a Claim with the DIFC Courts' Small Claims Tribunal seeking recovery of sums allegedly owed to the Claimant by the Defendant in relation to an application form dated 26 March 2019 submitted by the Defendant to the Claimant seeking use of a ‘Mindi' Credit Card with a credit limit of 5,000 AED. The Claimant alleged that the Defendant fell into arrears on 8 February 2020 and the outstanding amount owed against the Credit Card was 6,855.49 AED.

The Claimant relied on the aforementioned application form dated 26 March 2019 which was completed by the Defendant electronically.