(1) The payment service provider has stated in its notice as aforesaid, in accordance with the terms of the contract, that the termination of the contract will be at a later date;
(2) There have been exceptional circumstances that justify the immediate termination of the payment services contract."
- There is no dispute that on April 12, 2022, the defendant gave the plaintiff written notice of the immediate cancellation of the credit card (the letter was attached as Appendix 3 to the statement of claim). The parties disagree on the question of whether the cancellation of the credit card was done unlawfully.
- After reading the pleadings and summaries, reviewing the documents and hearing the parties' testimonies, I am of the opinion that there were exceptional circumstances that justified the immediate cancellation of the credit card, and that in the circumstances of the case the defendant acted lawfully and reasonably.
As stated, the cancellation of the credit card was preceded by a request by the plaintiff from the defendant, according to which the defendant was asked to issue a bank guarantee in the sum of ILS 10,000, a request to which the defendant refused. The plaintiff claims that the application was filed following a decision of the Kfar Saba Magistrate's Court. However, the court's decision was not presented to me, so it was not proven that the plaintiff was obligated to provide a bank guarantee as alleged.
A review of the account statements submitted as part of the exhibits file on behalf of the defendant shows that on April 12, 2022, the balance of the bank account was only ILS 3,417.57. Therefore, granting a request for a bank guarantee in the sum of ILS 10,000 would have necessarily caused a balance of debt in the bank account.
Since the plaintiff's only income is from the National Insurance allowances and a monthly rent, the defendant's position that in these circumstances the defendant could not have collected the debt is reasonable and reasonable (see in this matter the interrogation of Ms. Michaela Horn - p. 54 of the transcript, paras. 10-19). Therefore, the deputy manager of the branch at the time refused to grant a bank guarantee.