Macia Bank v Mabili [2021] DIFC SCT 008

March 02, 2021 SCT - JUDGMENTS AND ORDERS

Claim No. SCT 008/2021

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE SMALL CLAIMS TRIBUNAL

BETWEEN

MACIA BANK

Claimant

and

MABILI

Defendant

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ORDER WITH REASONS OF SCT JUDGE DELVIN SUMO

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UPON this claim having been called for a Consultation before SCT Judge Delvin Sumo on 28 February 2021

AND UPON the Claimant’s representative attending the Consultation and the Defendant failing to appear although served notice of the claim

AND UPON reviewing the Claimant’s submissions submitted by way of email dated 28 February 2021

AND UPON reviewing the case file and submissions contained therein

AND UPON reviewing Rule 53.28 of the Rules of the DIFC Courts (the “RDC”)

IT IS HEREBY ORDERED THAT:

1. The Claimant’s claim for AED 5,963.19 in relation to the outstanding sums owed pursuant to the Credit Card and the Overdraft shall be dismissed.

2. The Defendant shall pay the Claimant the amount of AED 214,941.71 in respect of sums owed under the Meun Agreement for the Loan.

3. The Defendant shall pay the Claimant a portion of the DIFC Courts’ filing fee in the amount of AED 10,747.09.

4. The Defendant shall pay the Claimant post judgment interest at the rate of 9% per annum effective from the date of this Order until payment of this Claim.

5. The Claimant shall serve this Order upon the Defendant.

Issued by:
Ayesha Bin Kalban
SCT Judge and Deputy Registrar
Date of Issue: 2 March 2021
At: 11am

SCHEDULE OF REASONS

The Parties

1. The Claimant is Macia Bank, a bank providing financial services to customers (the “Claimant”).

2. The Defendant is Mr. Mabili, an individual customer of the Claimant (the “Defendant”).

Background

3. On 11 January 2021, the Claimant filed a Claim with the DIFC Courts’ Small Claims Tribunal (the “SCT”) seeking recovery of sums allegedly owed to the Claimant by the Defendant in relation to a personal loan and a credit card.

4. The Claimant is seeking the total sum of AED 220,904.90, together with post-judgment interest on the sums due, as well as the recovery of the fee paid to the Court for the filing of this Claim, in the amount of AED 11,045.26.

5. On 28 February 2021, a Consultation was listed before me at which the Claimant’s representative attended, however, the Defendant failed to appear, although served notice of the claim and provided with dial-in details ahead of the Consultation. Furthermore, the Defendant failed to file a response to this claim.

6. In light of the Defendant’s failure to attend the Consultation and respond to the Claim, I shall decide this claim against the Defendant based upon the Claimant’s submissions before me pursuant to RDC 53.28, which reads as follows:

“If a party fails to attend the consultation, the SCT Judge may:
(1) decide the small claim against that party; or
(2) adjourn the consultation”.

The Claim

7. The parties entered into a written agreement on 11 November 2018 entitled ‘MACIA Personal Loan and Credit Card Application Form’ (the “Simply Life Agreement”). Under the terms of the Simply Life Agreement, the Claimant received a loan in the amount of AED 287,000 to be repaid in 48 monthly instalments in the amount of AED 7,012 (the “Loan”). The Claimant alleges that the Defendant fell into arrears and claims that the outstanding sum of the Loan amounts to AED 214,941.71.

8. The Defendant also received a Simply Life Cashback Card on 8 February 2017 with a credit limit of AED 15,000 (the “Credit Card”). The Cl