أسئلة وأجوبة
Is it safe to withdraw an appeal in my favor as requested by the bank to reach a settlement with them?
Salam,
I have a genuine request to everyone, please reply for the sake of humanity.
I had borrowed a personal loan from the bank in 2017 which I could not pay at a later stage. A police criminal case was filed against me and I paid the fine. Years later, a civil case was also filed thus the travel ban.
I somehow requested the bank to look into the matter, and they did not give me any discount but gave me installments to pay. I paid a 45k down payment against the outstanding of 115k and now I am paying 3k every month.
On the 31st of December, we received the court verdict which was in my favor. Now the bank is insisting on me to withdraw the appeal as per my understanding after signing the agreement and they were supposed to withdraw the case against me.
Now they are forcing me to take back the appeal since I am eligible for the court fee refund. If I withdraw the appeal, I will lose my money.
Kindly advise what I should do. The bank is threatening to put a travel ban on me.
Dear Questioner,
Thank you for reaching out with your inquiry.
I understand that this is a stressful situation, and I will guide you through your options based on UAE law.
Key Points Regarding Your Situation:
Court Verdict in Your Favor: The court ruling in your favor means that the outcome is already in your favor, and it is critical that any further actions taken align with that decision.
Bank's Pressure to Withdraw Appeal: Banks may sometimes request that a client withdraw an appeal if they have reached a settlement agreement or made significant progress in paying off the debt.
However, this request should be carefully considered. The key question here is whether the agreement you signed, including the monthly installments, explicitly requires you to withdraw the appeal for you to benefit from the settlement.
Potential Travel Ban: The threat of a travel ban may still be possible if the bank continues to pursue legal action.
However, if the case has already been decided in your favor and you are abiding by the agreed-upon repayment schedule, the chances of a travel ban should be reduced.
It would be important to check the status of any potential travel ban and ensure that no new legal actions are taken against you. The travel ban could be linked to any ongoing legal cases related to the debt.
Recommended Actions:
Review the Settlement Agreement: Before withdrawing your appeal, review the full terms and conditions of your settlement or payment agreement with the bank.
If the terms state that the appeal will be withdrawn upon finalizing payments, this should be clear and documented.
If there is no such condition, and you feel withdrawing the appeal will negatively affect your chances of getting the court fee refund, you should consider seeking legal counsel to review the matter in more detail.
Consult with Legal Counsel: To protect your interests, especially concerning the court fee refund and any future actions that the bank might take (such as the travel ban), it would be best to consult with a lawyer who specializes in debt recovery and civil law.
The lawyer can help you understand the legal implications of withdrawing the appeal and whether you will lose any benefits, such as the court fee refund.
Understand Your Rights: As a general principle, once a court case is decided, you should not be forced into further actions by the bank unless agreed upon in writing or stipulated in your settlement.
If the case is in your favor, you may not be legally compelled to withdraw the appeal. You should have the right to maintain the court’s ruling and preserve your court fee refund.
Monitor the Status of the Travel Ban: Ensure that no travel ban is issued against you, especially if you have been making regular payments and have fulfilled your obligations under the settlement agreement.
You can check with the relevant authorities to confirm the status of any potential travel ban.
In Summary:
You are entitled to a court fee refund as per the court's verdict.
You are not legally obligated to withdraw the appeal unless it was part of your agreement, and you should carefully assess any impact on the refund.
If the bank is threatening with a travel ban, you should seek immediate legal advice to understand your options and to prevent further complications.
It is critical that you protect your rights, and I would strongly recommend seeking professional legal assistance to ensure you are not coerced into an unfavorable decision.
Please do not hesitate to reach out if you need further assistance or have more questions.
Best regards,
Mohammed Salah
Legal Consultant
Under UAE law, if the court ruling is in your favor and the bank is required to pay a certain amount, you are eligible for a court fee refund if you choose to withdraw the appeal.
However, you must ensure that this does not affect your settlement or complicate your legal position.
If the case has been settled with the bank and the ruling is in your favor, the bank should not be allowed to impose a travel ban unless there are other ongoing legal issues.
It is important to continue negotiating with the bank about the settlement without withdrawing the appeal if you do not wish to waive your rights.
For accurate legal advice, you can contact us via WhatsApp. We specialize in these matters and can assist you in finding the best solution.
Dear questioner
If you withdraw the appeal then the appeal amount will be lost, as per the rule whoever withdrew the appeal or claim needs to bear the charges of the court.
If you need further clarification, kindly share your Whatsapp number.
