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Dubai, UAE

Robbers stole money from debit/credit cards forcefully. What to do?

Dear Sir/Madam,

I was robbed recently in Dubai. The robbers assaulted me. They bound my hands and legs and battered me. They stopped my breathing and asked for the pin codes of my debit/credit cards and forcefully took card details and withdraw cash from my debit and credit cards.

After withdrawing the cash/transaction, they left me alive, released me, and ran away. I immediately called the call center and block all the credit/debit cards and visited the police station and registered a complaint against the criminals.

The Dubai police caught one of the criminals (out of 6). The case is now with the criminal court. As I was holding credit cards of various banks, robbers utilized the cash limits of all credit cards. Now the banks are chasing me to repay the amounts withdrawn.

Please give me a general idea, what do I need to do?

Do I need to file a civil case?

Further, I don’t have money to pay to the bank and I can never pay to the banks considering that I have not taken that money.

Please advise!

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Mohammed Bani Hashem Advocates & Legal Consultants
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11 Apr 2022, 09:49

Good day, sir!

I am so sorry to hear about your situation. Everything you did was correct. Since your criminal complaint was filed and accepted, the police will be conducting an investigation and transferring the file to the public prosecution, then to the criminal court.

Regardless of the investigation stage and case progress, you have the right to file a civil case, in connection to the criminal case, through the same police department. You need to visit the police station and inform them that you want to file a civil case.

Regarding your credit cards, since you are the client of the bank, consequently, the bank has the right to demand the payment of the credited amount, regardless of the reason you failed to pay the installments.

Yet, you have a chance to settle with the bank a possible postponement of the payment. For that, you have to request a certificate from the police confirming the criminal case, which you will submit to the bank as an excuse and a ground for your request.

Later, when the court issues the judgment in the civil case, you will be able to execute it and claim your money from the robbers.

11 Apr 2022, 10:09

Dear Hashem,

Thanks for your helpful response!

Considering the good situation, if the robbers pay back the money on the execution of the civil court judgment, I will be able to pay back the same to the bank.

While in the worse case, if the robbers will not pay me then the bank liability will come to me?

There will be no involvement of the civil court in terms of giving me relief for nonpayment?

Please advise if there is any provision under the law for victims?

Will I be imprisoned or travel banned in case of nonpayment?

12 Apr 2022, 09:58

Your relationship with the bank is bound by the agreement, which contains your liability towards the credit.

According to the agreement, the bank has a right to demand payment, regardless of the reason for your default. Why? Because your name and signature are in the agreement.

Both a criminal case and a civil case may last several months to a year until the judgment is obtained.

In case of default from your side to pay the credit, the bank may initiate legal actions against you.

Therefore, we advise you to negotiate with your bank(s) the situation as a force majeure, provide the certificate from the police and court as a legal reason, and request to make a postponement or decrement of your monthly installments.

Also, you can check with the bank, whether your credit was insured or not.

Later, after the execution of the civil case judgment, you will get compensated for your loss.

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