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Negotiations with the bank for the payment of credit card dues

I currently have two credit cards with a debt in the UAE and have left the country due to my daughter’s health. I have been in contact with the bank and tried to make the payments.

I have emailed with no response. I finally received a response from the collection department after many emails. I told them I wanted to make the payment and asked how.

They gave a method so I made the first payment and said I would continue to make a monthly payment.

Before the next payment was due, I received another email saying they were going to open a legal case against me for not making any payments.

I emailed again and sent the proof of payment. I asked if I could still make the monthly payments and I never received a reply.

Then I get another email saying they presented my cheque, which bounced, and they were going to seek further legal action in the UAE and country of residence.

I emailed again to sort this issue but haven’t received a reply. What are my options as I want to clear this debt?

Al Nassar Advocates & Legal Consultants
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27 Feb 2019, 05:44

Dear Sir/ Madam,

Thank you for getting in touch with me on this.

I understand your position and very familiar with such actions of the bank as they are taken on routinely manner in the UAE.

Firstly, please let me know what is the total outstanding due as of today and what's the payment plan agreed mutually between yourself and the bank.

Secondly, the bank would have bounced the security cheque and filed a police case reporting this.

Please note that the cheque bounce in the UAE is a criminal offence which may attract penalty in a form of a fine or jail term (depending on the quantum).

Thirdly, if the security cheque bounced by the bank is less than AED 200,000/- then the case will result in payment of a fine.

You can simply pay a nominal fine and get the police case lifted which will, in turn, lift the travel ban as well.

Fourthly, the payment of fine can be made personally by you with you coming down to the UAE (where you will be apprehended at the airport and taken to police) or you can give someone in the UAE your power of attorney to pay the fine and obtain clearance on your behalf.

Lastly, payment of the fine in police case will only release you from your criminal liability. Your civil liability to pay the outstanding principal amount shall remain, for which the bank has to file a civil case against you in the UAE.

Such a civil case does not mean there will be a travel ban on you, however, a ban may be levied upon a judgement from the civil court.

In summary, your priority should be to clear the police case and obtain a clearance to wipe off your criminal record in the UAE. Thereafter, you should engage in negotiations with the bank for the payment of dues.

I trust you will find the above response accurate and satisfactory.

You can get in touch with me for further clarification and assistance for payment of fine/clearing the case on your behalf.

Regards,

Hari Wadhwana

+971 52 9495731

27 Feb 2019, 05:56

Thank you so much for your response.

The current amount due is about AED 54,000, so it is well under the AED 200,000.

Currently, I am just trying to get the bank to respond to me so I might be able to negotiate a payment plan.

I have sent many emails, which went unanswered or got bounced back due to the person’s email being full. I am hoping I can receive a response soon so I can sort this matter.

In regards to the travel ban, is that for all travel or just travel in the GCC?

How do I go about assigning a POA to clear this issue?

27 Feb 2019, 06:03

Dear Sir/ Madam,

The bank's action is a standard procedure to bounce the cheque due to non-payment.

The bank will not release the case till you pay full AED 54000/- or even more if they start charging you interest/ penalty.

The ban will only be for travel in/out/transit through the UAE.

You can mail me your passport copy. I will share an appropriate Power of Attorney and enumerate steps to attest the POA from your home country.

You can email me the documents.

Regards,

Hari Wadhwana

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