DIFC 402/2020

Letier v Lutiner

The original dispute involved arrears on a credit card. The key issue was whether there had been a valid opt in to the DIFC jurisdiction. A reference in an online form and welcome kit was not.

Background

The Claimant was Letier, a bank providing financial services to customers.

The Defendant was Lutiner, an individual customer of the Claimant Bank.

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 29 March 2019 submitted by the Defendant to the Claimant seeking to use a ‘Listo' Credit Card with a credit limit of 5,000 AED. The Claimant alleged that the Defendant fell into arrears on 29 March 2019 and claims the outstanding sum owed against the Credit Card amounted to AED 7,897.82.

The Claimant relied on the application form dated 29 March 2019 which was completed by the Defendant electronically.