Questions & Answers
Enforcement of Small Claims Tribunal judgement for credit card
I have an old credit card which I was paying until October last year.
Due to job loss and then I got a new job at 30% lesser salary, I started paying the bank under a settlement plan from January but missed 2 payments in between.
I have paid 5800 last month and 3000 this week, but the bank is asking to pay more 2400 to cover up for the missed payments which I told them I can't.
They are saying that they will cancel the plan and file a case in DIFC SCT court and there I will have to pay the full amount (AED 50K). There are no fines in the DIFC court & maybe I'll be ARRESTED.
So, please let me know what is the process at DIFC SCT court and if they will arrest me in case I didn't pay the full amount.
Dear Sir/ Madam,
Thank you for getting in touch with me on this.
I understand your situation and please do not be afraid of the bank officials as their statement is not actually true.
Firstly, please check your credit card related documentation and see if there is a clause which stipulates that any dispute shall be filed before DIFC Small Claims Tribunal.
If your clause states the above, then the dispute will go to SCT or else it will go before Dubai Courts. If the said clause does not exist, then the position portrayed by the bank fails completely
Secondly, even if the dispute goes to DIFC SCT, you can defend the proceedings. There is no question of arrest or fine in SCT.
Thirdly, even if the judgement in SCT comes against you, the bank has to file a case in Dubai Courts to enforce the judgement. You can still challenge the SCT judgement in Dubai Courts.
The end point is, there is no question that you have to pay the debt but you will get enough time and opportunities to negotiate and settle the debt without any arrest or fines.
I trust you will find this helpful.
Regards,
Hari Wadhwana
