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Dubai, UAE

How to enforce a favorable court verdict against a bank in execution

I bought a property in 2008 with an 80% mortgage loan from a reputed national bank.

As per the mortgage contract it was signed for “Variable Interest Rate” and the bank should inform me about the interest rate changes. And I shouldn’t stop paying the principal amount.

BANK FRAUD:

1. The bank forced me to pay Pre-EMI for the first 6 years.

2. The bank increased the interest rate without informing me.

3. The bank used that increased interest rate as a fixed rate for 11 years.

After several emails and phone calls without any action, I stopped paying the bank, and then the bank has filed a commercial case in Dubai court.

The bank lost that case and Dubai Court ordered to reverse the bank fraud as per the signed contract:

1. Reverse all Pre-EMI to EMI.

2. Reverse interest rate increase.

The bank filed an appeal to Cassation Court and lost that appeal too.

MY QUESTIONS:

1. How can I exit from such a fraudulent bank contract and get my money back?

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)
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13 Dec 2021, 07:58

Hello,

As per your query, please note that as you have won the case, you can enforce the contract before the court.

However, we need to check the terms of the contract. You can also send a notice as per the settlement agreement.

Please call or e-mail us.

Disclaimer- The above-referred view is not a legal opinion, these opinions cannot be challenged or presented before any court of law.

13 Dec 2021, 08:07

Thanks Khaled,

do you mean I can enforce the 2008 contract through execution court or do I need to file a new case?

13 Dec 2021, 08:10

You can file a new case or do the execution directly. it depends on the document.

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Abdelaziz Al Zaabi Advocates & Legal Consultants
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14 Dec 2021, 06:45

Dear Questioner,

It's clear that your legal position in the case was only the defendant and you didn't develop your legal position to counter the plaintiff to get your money.

Anyway, you have to file a new case in which you can ask the court to refund your money, and hopefully, the court will need to hire an expert to check your calculation.

For any further queries, please contact us on WhatsApp.

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