Questions & Answers - Legal Advice Middle East

Recovery of money paid for a car without a written agreement

Q: Dear Sir, I have bought a car recently from one Egyptian through a bank loan from ADCB. The car value to apply for the loan was 24k, whereas we agreed mutually for the final car price as 21k only. The seller promissed me to return the balance amount (3k) upon receipt of the payment from the bank. Now, the seller has received the money but refused to pay me back. Hence, I want to take your advice if I can file a case against the seller or not. Looking forward to receive your reply soon. Regards, Najmuddin

Fine payment and liability to pay the cheque amount

Q: After the paying cheque bounce penalty, will the personal loan be closed?

Bank loans and penalty decided in the criminal case

Q: I took a loan of around AED 350,000 in Sept or Oct 2016 (24 out of 48 instalments have been paid and the outstanding amount is AED 248,585). Last year in Aug 2017, I was made redundant from my job. The gratuity which was transferred to the bank was not released to me. That amount took care of my instalments till Sept. 2018. The recovery person called me for the Oct. instalment but I told him I do not have a job or money to pay him. I read in the news that since last year jail term has been abolished for expatriates. I need to know if the bank files a case against me how much do I need to pay as a fine and what is the worst the bank can do about it. I had a previous loan with the same bank and then I topped it up. Can you tell me the fines for both Dubai & Abu Dhabi as I am not sure which region they will file the case? The bank is Dubai based but I got the loan in Abu Dhabi.

Sub-letting premises and non payment to landlord

Q: I was living in a sharing accommodation not having any link with the main owner. There is a 3rd person who took from the main owner and rent to 4-5 people. We were paying that person timely. But maybe he did not pay to the main owner, and suddenly main owner representative came and give all 4-5 people notice to pay 8 months` due rent, which we already paid to that agent in cash. We told him we don`t know you and neither we have any agreement better to catch that 3rd person whom you have an agreement with. One day, the owner came to the flat and took out Emirates ID copy. Anyhow, we vacated the room already and now he is calling on the phone and asking us to pay electricity bills. We told him we already paid to the 3rd person. He said he will take legal action. Kindly advise what can happen. We paid all the rent which is including everything. We are salaried persons and we are afraid.

Criminal liability and civil liability in cheque bounce cases

Q: I have recently filed a criminal case against a customer for AED 1,300,000. I have found out that he has given an application to the court to get a fine on this bounced cheque amount. Is it possible to be fined at this amount? How can I proceed further to place a travel ban on him and ensure that he does not get fined? It has been 5 years since this liability is due. Please help me on what I should do next.

Default on loan and the possibility of paying a fine instead of jail

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Claim for damages due to the misuse of a guarantee cheque

Q: I would like to file a case and claim damages for mental agony. In 2002, I had given a blank undated and unnamed cheque against a signed document for a commercial transaction. The transaction was completed and the cheque was not returned. In 2005, the said cheque was presented and it bounced. The cheque was handed over to a 3rd person (my ex-employer). This 3rd person handed over the cheque to a 4th person whom I do not even know. The 4th person deposited the cheque and got it bounced and filed a police complaint. This 4th person has apologised for his action. I forgive him but want strict action against the individual/company to whom I had given the cheque. The details were filled in as "Cash" on a cheque and only the signature on cheque was mine. Our family was on vacation in India with me in 2005, were forced to stay back in India, till date. The whole family and professional life destroyed. In 2016, thru friend in DXB, I got the complaint cancelled from Public Prosecution Office.

Resignation during probation and possibility of a labour ban

Q: I`m on a limited contract. I would like to resign from my current job and I have not completed my probation period; I have completed only 3 months. I would like to take up a better offer in another country. Am I liable to pay anything to my employer? Do I need to get a consent signature from my employer to get the visa cancelled? My visa is in Dubai, UAE, a limited contract visa. Regards, Karthik

Claiming refund from a cancelled real estate project

Q: I want to claim for refund on a cancelled project for a property in Dubai. Is it possible?

The starting date of the probation period

Q: Madam, I`m new in the UAE, and now working as a safety officer since July. I would like to resign, and I`m actually in my probation period. I would like to know from which date does our probation period start, is it from the day the employee labour contract started, the day of joining or from the day when the visa stamped? Please help me with the proper information.

Claiming financial rights and maintenance from father

Q: Polygamist father has left home and stayed with his 2nd wife and her kids and mother, after a fight about "why I didn`t give salam to the 2nd wife" while I was sitting inside a car and she was outside talking with my brother. I am not on speaking terms with her and she was a reason for countless fights in my family. My father also said he will not pay for food expenses because my sister and I got a job. He stopped paying for my sister`s education a year ago so she pays for herself. My two younger siblings are still studying and can`t provide for themselves. My sister and I don`t earn enough to support a family. I want to know if the police can be involved just for warning my father about the consequences of his action if this issue does not get solved amicably.

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Gratuity payment and labour entitlements after termination

Q: Good day! Hope all is well. "As our current projects are put on hold and given the current status of our company right now, we are requesting your patience and understanding that we need to extend your vacation. We will notify you for any new projects if needed your presence. This is also to inform you that we had cancelled your flight ticket." Sir, this is the letter from the company to my husband. Then, they are not allowing my husband to work. Can they pay gratuity? He`s working for almost 5 years in this company.

Settlement of credit card overdues to avoid legal action

Q: Hi, My name is M., and I want to settle my credit card. I am in bad credit, what is the way?

Checking for travel ban after leaving the UAE without proper cancellation

Q: Hello, I hope you can help me. I was hired by Emirates Airlines as a cabin crew in 2004. 5 months later I had to leave Dubai urgently for family reasons. I did not advise my manager and never came back. I plan to come to Dubai soon with my family. Can you tell me if I could be blocked at the airport or have some problems? Thank you for your help. Kind regards

Claiming the end of service benefits from the previous employer

Q: Hi. I resigned from a company 8 months back but I didn`t get my settlement and pending salary, and I was asked to sign the settlement paper for visa cancellation. Since I was about to join another company, I signed the paper and wrote an email to the HR saying that I`m yet to get my settlement when I left the company. It`s been 8 months and I registered a complaint against them. They are saying that they will put a criminal against me saying that I stole materials and I used to get commission from suppliers and subcontractors, which is not true. From my side, I have two disputes even though I have not got any money from anybody and I have not stolen as claimed by them. 1. I was planning to start a business with one of my subcontractors and I abandoned that plan. My company is aware of that. 2. I accepted one of my subcontractor`s invoice bill before the LPO was issued to them as instructed by my project manager.

Can the developer withhold the SPA until the payment of DLD fees?

Q: When buying an off-plan property from a developer, does the SPA have to be reviewed, agreed and signed by both the buyer and the developer representative before paying the DLD + Oqood? Is there a local estate law or clause requesting DLD + Oqood should be paid before the SPA is released from the developer to the buyer? I am seeking this advice because the developer is asking for DLD + Oqood to be paid before the SPA is released despite having paid the initial deposit of 5% as per the Sales Offer schedule. Thank you.