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Filing a case and appointing expert in a bank loan dispute

Dear Mr Ibrahim,

I have a dispute with my mortgage bank.

They have been overcharging me, I am sure of it. It is Islamic finance and after 11 years of paying a total of AED 1.2M, my principal has only reduced by 100,000 dirhams.

I have asked them for all my statements and calculations but they do not respond. I am applying for Canadian PR. I am concerned they will bounce my security cheque to put pressure on me and then I will not get PCC.

Can we approach the court to let them know this is a dispute and remove the bounced cheque from records as I wish to settle with the bank but they do not respond?

Thanks

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Ibrahim Al Banna

Ibrahim Al Banna Advocates & Legal Consultants

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9 Dec 2019, 07:59

Hello,

You may approach the Court for appointing an Expert who will calculate and give the correct details.

If based on the Report, it is found that whatever you are saying is correct, then the Bank will have to accept the findings of the report.

Regards

9 Dec 2019, 08:21

Thank you.

But while I do that, how can I remove the bounced cheque case saying I am disputing the calculation and requesting an expert to calculate.

They are bouncing the cheque to put pressure on me and it is affecting my future plans.

So, if I approach the court, can the court suspend the bounced cheque police case until the matter is investigated?

Thank you

9 Dec 2019, 09:08

The court will not automatically do that. The bounced cheque is an offence in UAE.

So the only way to offset that is to get a favourable order from the Civil Court and then close the bounced cheque case.

In case of further queries, you can send us an email.

Regards

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