Dubai, UAE

Defaulting on the payment of dues and threat in home country

Dear Sir,

I was working in Jebel Ali free zone Dubai and I lost my job in 2015 due to company downsizing, and I had a loan from a bank which I was not able to pay off.

I tried looking for a job when I was in Dubai during my visa cancellation process but was unsuccessful. I came back to my home country after, but when I came back and I had an accident and now after recovery.

I was trying to get a job in the UAE and pay back the bank outstanding but no good luck for me. And now, I got an offer from one company in my home town.

I just wanted to know how to handle the above issue after few people visited my home town and said we are from recovery and they are threatening my mother saying they will bring more people to recover the payment.

Kindly advise what the UAE law said regarding the above issue. I even sent to the bank regarding paying back the payment if I will get a job in hometown and get salary in Pak. Rs.

But till now, no reply from the bank regarding the above request.

Please, give your expert opinion.

Hari Wadhwana

Al Nassar Advocates & Legal Consultants

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23 Jul 2019, 05:13

Dear Sir/ Madam,

Thank you for reaching out to me on this.

I completely understand your situation and I hope this is resolved soon.

As per the law, the bank can take civil and criminal action against you for default on the repayment of the loan.

The criminal action arises from the bouncing of security cheque which you must have furnished at the time of taking a loan.

In all circumstances, you will have a criminal case in the UAE for cheque bounce and would advise that you do not travel to the UAE before inspection of police records and clearing the criminal case.

The bank thereafter can file a civil case against you in the UAE for the outstanding amount based on the loan documents.

Under no circumstance can the bank take any legal action against you or your family members in your home country.

I would advise that if this threat continues, then you should file a police case against such collection agents for harassing you/ family members.

You have done your part on offering to settle once you get a job and the bank can either accept or reject that.

I repeat that you should not try to enter into the UAE before checking your police records and clearing the same.

I trust you will find this helpful.

Regards,

Hari Wadhwana

052-9495731

23 Jul 2019, 20:28

Dear Sir,

Have a nice day!

Thanks for your email.

Sir, when I was in Dubai I had discussed with the bank team because at that point of time I was having one job offer but that new company offered me less salary, which was Half of my first salary which was 18k but and the new company was giving me 8k.

And when I spoke to the bank team the told me it has to be at least 12k to 14k so we can re- reschedule the payment.so I refused that job and start reaching again but no luck. And my visa got cancelled so I have to move back as per the UAE law.

As you mentioned above, if the bank takes any action against this, then I am not able to come to the UAE if I get any job offer.

Kindly advise how to solve these issues and now I am having one offer in hometown and salary in Pak rupees.

How can I handle this issue because I really want to pay back the loan and come back to the UAE?

I would inform you that I have registered the case on the people who came and said we are from the recovery team and harassing me and my family members.

Thanks and regards,

S. C.

24 Jul 2019, 05:01

Dear S. C.,

The bank would have already filed a police case against you in the UAE. So you can clear the police case in Dubai by paying fines. This way you can enter the UAE without any worry.

Regarding the settlement, as per your financial capability, you can pay directly to the bank into your account.

30 Jul 2019, 17:23

Dear Sir,

Thanks for your reply.

I want to know that if you can handle my case so what will you change as a fee.

As you mentioned in your last email that the bank has opened a case against me. Now, kindly advise me that how much fine amount should be paid to clear my travelling banned.

Thanks

Waiting for your reply.

Regards,

S. C.

30 Jul 2019, 17:41

Dear S. C.,

The first step would be to inspect the police records and understand what case is filed against you and if the judgement is passed. I will need your old UAE visa and Emirates ID (if available)

Kindly email me the above documents. we can discuss the fees over email too.

Regards,

Hari Wadhwana

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