Questions & Answers
Proposed civil case by the bank and possible settlement
Hi Mr Hari
I have had a cheque bounce with one of the banks in Dubai which was an inbuilt cheque in credit card application. They had submitted a police case against me in April 2018.
I was taken at Al Ragga police station. asked to pay AED 2000 fine. I was presented in front of the public prosecutor. I accepted that I am unable to pay the credit card amount and the bank did not tell me that they are submitting the cheque.
I paid the fine on-spot and the passport was given to me. I also got my Police Clearance Certificate.
Now to my surprise, after all this pain and harassment, the credit card fellow and so-called collecting agent are threatening to do a civil case.
They are saying we will cancel all the extra interest charged on the card amount. Just clear the basic card value. I told them I was paying minimum payments earlier as well.
But the bank did such a wrong thing by declaring me absconding. I have given 4 good years to this country.
Please advise. If I do not take their calls and threats, what will be the worst case scenario?
Dear Sir,
Thank you for contacting me on this issue.
Before giving you an in-depth advice, could you tell me what is the outstanding amount due against the credit card?
Please note that it is not in dispute that you owe the bank some sums, the bank has taken the right route of bouncing your cheque (even though the same was done without your knowledge, the same will not be a good defence in a criminal case).
The good thing is that you have dealt with the criminal case and put an end to it.
The bank has the right to pursue a civil case against you for recovery of outstanding claims against the credit card.
The worst case scenario for you not taking these demands seriously will be the bank filing a civil case against you and potentially leading to a travel ban, which means, you will not be able to leave the country (save as stringent bail conditions) without disposing of the civil case.
I suggest that you amicably settle the matter with the bank if you consider them as reasonable, alternatively, we can negotiate the case with the banks as negotiating power of the law firm with the banks is much stronger and we have negotiated for clients in many occasions.
I trust you will find this advice helpful and you may call me on 052-9495731 or email on hari@alnassaradvocates.com for further consultation.
Regards,
Hari Wadhwana
