Illustration by Mathew Kurian
Illustration by Mathew Kurian
Illustration by Mathew Kurian
Illustration by Mathew Kurian

The Debt Panel: 'Can my bank file a police case against me for missing one payment?'


Alice Haine
  • English
  • Arabic

I have been a customer of the same bank for about five years, where I have a personal loan as well as a car loan and a credit card. Unfortunately, I was made redundant from my position at a radio station in February due to Covid-19 and the company has shut down. I still had some savings so I managed to meet the repayments until June 1.

I sent the bank a few emails asking for deferral; this was particularly relevant during the movement restrictions as there were no job interviews at the time. However, my application was rejected because I did not meet the criteria. I then asked what else I could do. I wanted to email someone or speak to someone at a branch, but I did not receive a response.

My credit card debt was settled by my credit shield insurance.

My debts are: outstanding balance / monthly payment

Personal loan: Dh56,000 (Dh2,281)

Car loan: Dh37,000 (Dh1,525)

Dh93,000 (Dh3,806)

I have made several attempts to reach out to the bank and made it clear I have no intention of running away from my financial obligations.

I borrowed the money to help my sister settle a loan back home in the Philippines because she was diagnosed with cancer and needed my financial support.

When my savings dried up after the March, April and May debt repayments, I could not meet the instalments at the start of June and asked friends if I could borrow money to help me get by. I then received an email from the bank’s collections department stating that legal action would be taken against me if I failed to make a payment by June 24. I immediately replied asking for extension but I did not receive any feedback. I was waiting for my friend's salary to come in on the 25th to allow me to clear the debts.

By then I had also received a text message from the bank that my security deposit cheque of Dh109,488 had been paid in, which of course then bounced. On the morning of the 25th, I visited a branch and made the minimum payment on the missed payments.

However, on June 29, I was called by Dubai Police, who said a case had been filed against me by the bank. I have lived in the UAE for 13 years and I thought you need to miss at least three payments before your bank can take your case to Dubai Police. My issues had happened over less than a month.

I have made several attempts to reach out to the bank and made it clear that I have no intention of running away from my financial obligations.

I can afford to repay my debts if I can secure another job. I also have properties back home and I am trying to sell one so that I can close the personal loan but in the current market conditions, it will not be easy to dispose of. For now, family and friends are helping me. In the past, my monthly expenses came to about Dh6,000 with the rest of my income set aside for saving.

I am 44 and have always been diligent in paying my financial obligations which is why I was very surprised that the bank has done this after one month of missed payments and not even extending the courtesy of notifying me. Can I file a case against them for damages? This situation has affected my health and family. CM, Dubai

Debt panellist 1: Philip King, head of retail banking at Abu Dhabi Islamic Bank

You have done the right thing by maintaining continuous contact with your bank as soon as your situation began to worsen. Hopefully, you have a written record of your correspondence, which will help show your commitment to finding a fair resolution.

As a next step, carefully read and analyse the terms and conditions of your agreement with the bank. The obligations of each party should be clearly highlighted and detailed in the contract. Typically, when you only miss one loan repayment, banks charge a late payment fee. However, after three missed loan repayments and prior warnings from your bank, a police case could be filed against you.

For now, make a final attempt to approach your bank and renegotiate the terms of your loan based on your current financial situation. Also, ask the bank if it can offer you instalment postponements on the basis of the ongoing Targeted Economic Support Scheme (Tess) programme where customers who provide evidence of being impacted by Covid-19 can be offered some financial relief.

Alternatively, if the bank remains unresponsive, seek advice from a legal representative to fully understand your options. Your legal representative will help investigate the nature of the case, shed light on your situation, and help you liaise with the Central Bank of the UAE if you wish to escalate this case further.

Approach the Central Bank's Consumer Protection Division, which was established to protect consumers from financial misconduct and unfair banking practices, with the necessary proof of your multiple attempts to contact your bank, as well as any statements that support your application.

Debt panellist 2: Ambareen Musa, founder and chief executive of Souqalmal.com

This situation with your bank sounds unfair. Even if the bank was justified in speeding up its debt collection efforts, given the current pandemic situation, it should have acknowledged your request for an extension.

Filing a police case against a borrower shortly after they miss a repayment for the first time is a drastic measure. It is likely your final salary credit from your previous employer earlier this year played a role in how the bank treated your case. Banks in the UAE reserve the right to demand full and immediate settlement against outstanding debt in many scenarios, and loss of employment is one of these. The police case may have been filed on short notice to deter you from leaving the country, leaving your unpaid debts behind.

However, the fact the bank did not give you adequate notice or alternative solutions can be taken up further. Lodging a formal complaint with the Central Bank is straightforward: either fill in an online complaint form on the website, call their toll free number 800 CBUAE (800 22823), or personally visit one of their branches in the UAE.

Another option is to seek pro-bono legal help. The Philippine Consulate in Dubai and the Philippine Embassy in Abu Dhabi run free legal aid clinics every month, where lawyers offer free counselling for Filipino expatriates dealing with legal issues in the UAE, including debt management. Visit them for a consultation armed with all relevant documents and proof of attempted communication with the bank.

Since you have the financial resources back home to repay your debts, you may want to ramp up your efforts to liquidate some of these assets. Now that there's a police case filed against you, you will not be able to exit the country. With no immediate job prospects, you will find it incredibly difficult to sustain yourself here.

Debt panellist 3: Stuart Ritchie, chartered financial planner at AES International

The first step is to find an income source so you can start to tackle your debt. After securing an income, your priority should be to meet the minimum payments on your loans. Also, save up an emergency fund to cover three months of your typical expenditure, and then you can bring those debts down further by repaying in instalments that are higher than the minimum. This will reduce the overall amount you pay back. It’s up to you whether you build up your emergency fund first or pay back your debts alongside it.

There are two main loan repayment methods to consider. From a financial planning and mathematical perspective, the avalanche method is best, while the snowball method may be preferable from a psychological standpoint. In both methods, you’ll use your disposable income to reduce your loans quicker than if you only achieve the monthly minimum payments.

With the avalanche method, you’ll put all of your surplus income towards the loan with the highest interest rate. This reduces the amount you repay overall, as you are reducing the capital that the interest is growing on.

The snowball method involves repaying the smallest loan first. Although you end up paying back more overall, many people prefer this method as it achieves quick wins through seeing a reduction in the number of loans you are liable for.

Also, consider selling items to create an income stream. If you don’t absolutely need your car, for example, selling it would benefit you twice, as you could pay off your car loan and hopefully have some equity left over to put towards your personal loan.

Finally, seek legal advice with regards to your legal rights. You may be entitled to a payment holiday on your loans, and you may have some sort of payment protection insurance.

The Debt Panel is a weekly column to help readers tackle their debts more effectively. If you have a question for the panel, write to pf@thenational.ae

What drives subscription retailing?

Once the domain of newspaper home deliveries, subscription model retailing has combined with e-commerce to permeate myriad products and services.

The concept has grown tremendously around the world and is forecast to thrive further, according to UnivDatos Market Insights’ report on recent and predicted trends in the sector.

The global subscription e-commerce market was valued at $13.2 billion (Dh48.5bn) in 2018. It is forecast to touch $478.2bn in 2025, and include the entertainment, fitness, food, cosmetics, baby care and fashion sectors.

The report says subscription-based services currently constitute “a small trend within e-commerce”. The US hosts almost 70 per cent of recurring plan firms, including leaders Dollar Shave Club, Hello Fresh and Netflix. Walmart and Sephora are among longer established retailers entering the space.

UnivDatos cites younger and affluent urbanites as prime subscription targets, with women currently the largest share of end-users.

That’s expected to remain unchanged until 2025, when women will represent a $246.6bn market share, owing to increasing numbers of start-ups targeting women.

Personal care and beauty occupy the largest chunk of the worldwide subscription e-commerce market, with changing lifestyles, work schedules, customisation and convenience among the chief future drivers.

The specs

Engine: Direct injection 4-cylinder 1.4-litre
Power: 150hp
Torque: 250Nm
Price: From Dh139,000
On sale: Now

The specs

Engine: 4.0-litre, twin-turbocharged V8

Transmission: nine-speed automatic

Power: 630bhp

Torque: 900Nm

Price: Dh810,000

What the law says

Micro-retirement is not a recognised concept or employment status under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (as amended) (UAE Labour Law). As such, it reflects a voluntary work-life balance practice, rather than a recognised legal employment category, according to Dilini Loku, senior associate for law firm Gateley Middle East.

“Some companies may offer formal sabbatical policies or career break programmes; however, beyond such arrangements, there is no automatic right or statutory entitlement to extended breaks,” she explains.

“Any leave taken beyond statutory entitlements, such as annual leave, is typically regarded as unpaid leave in accordance with Article 33 of the UAE Labour Law. While employees may legally take unpaid leave, such requests are subject to the employer’s discretion and require approval.”

If an employee resigns to pursue micro-retirement, the employment contract is terminated, and the employer is under no legal obligation to rehire the employee in the future unless specific contractual agreements are in place (such as return-to-work arrangements), which are generally uncommon, Ms Loku adds.

'Ghostbusters: From Beyond'

Director: Jason Reitman

Starring: Paul Rudd, Carrie Coon, Finn Wolfhard, Mckenna Grace

Rating: 2/5

Global state-owned investor ranking by size

1.

United States

2.

China

3.

UAE

4.

Japan

5

Norway

6.

Canada

7.

Singapore

8.

Australia

9.

Saudi Arabia

10.

South Korea

Real estate tokenisation project

Dubai launched the pilot phase of its real estate tokenisation project last month.

The initiative focuses on converting real estate assets into digital tokens recorded on blockchain technology and helps in streamlining the process of buying, selling and investing, the Dubai Land Department said.

Dubai’s real estate tokenisation market is projected to reach Dh60 billion ($16.33 billion) by 2033, representing 7 per cent of the emirate’s total property transactions, according to the DLD.

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Disturbing%20facts%20and%20figures
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Cryopreservation: A timeline
  1. Keyhole surgery under general anaesthetic
  2. Ovarian tissue surgically removed
  3. Tissue processed in a high-tech facility
  4. Tissue re-implanted at a time of the patient’s choosing
  5. Full hormone production regained within 4-6 months
Mina Cup winners

Under 12 – Minerva Academy

Under 14 – Unam Pumas

Under 16 – Fursan Hispania

Under 18 – Madenat

UAE v Gibraltar

What: International friendly

When: 7pm kick off

Where: Rugby Park, Dubai Sports City

Admission: Free

Online: The match will be broadcast live on Dubai Exiles’ Facebook page

UAE squad: Lucas Waddington (Dubai Exiles), Gio Fourie (Exiles), Craig Nutt (Abu Dhabi Harlequins), Phil Brady (Harlequins), Daniel Perry (Dubai Hurricanes), Esekaia Dranibota (Harlequins), Matt Mills (Exiles), Jaen Botes (Exiles), Kristian Stinson (Exiles), Murray Reason (Abu Dhabi Saracens), Dave Knight (Hurricanes), Ross Samson (Jebel Ali Dragons), DuRandt Gerber (Exiles), Saki Naisau (Dragons), Andrew Powell (Hurricanes), Emosi Vacanau (Harlequins), Niko Volavola (Dragons), Matt Richards (Dragons), Luke Stevenson (Harlequins), Josh Ives (Dubai Sports City Eagles), Sean Stevens (Saracens), Thinus Steyn (Exiles)

Specs
Engine: Electric motor generating 54.2kWh (Cooper SE and Aceman SE), 64.6kW (Countryman All4 SE)
Power: 218hp (Cooper and Aceman), 313hp (Countryman)
Torque: 330Nm (Cooper and Aceman), 494Nm (Countryman)
On sale: Now
Price: From Dh158,000 (Cooper), Dh168,000 (Aceman), Dh190,000 (Countryman)
The specs

Engine: 4.0-litre V8 twin-turbocharged and three electric motors

Power: Combined output 920hp

Torque: 730Nm at 4,000-7,000rpm

Transmission: 8-speed dual-clutch automatic

Fuel consumption: 11.2L/100km

On sale: Now, deliveries expected later in 2025

Price: expected to start at Dh1,432,000

Specs

Engine: 51.5kW electric motor

Range: 400km

Power: 134bhp

Torque: 175Nm

Price: From Dh98,800

Available: Now

Titanium Escrow profile

Started: December 2016
Founder: Ibrahim Kamalmaz
Based: UAE
Sector: Finance / legal
Size: 3 employees, pre-revenue  
Stage: Early stage
Investors: Founder's friends and Family

Types of fraud

Phishing: Fraudsters send an unsolicited email that appears to be from a financial institution or online retailer. The hoax email requests that you provide sensitive information, often by clicking on to a link leading to a fake website.

Smishing: The SMS equivalent of phishing. Fraudsters falsify the telephone number through “text spoofing,” so that it appears to be a genuine text from the bank.

Vishing: The telephone equivalent of phishing and smishing. Fraudsters may pose as bank staff, police or government officials. They may persuade the consumer to transfer money or divulge personal information.

SIM swap: Fraudsters duplicate the SIM of your mobile number without your knowledge or authorisation, allowing them to conduct financial transactions with your bank.

Identity theft: Someone illegally obtains your confidential information, through various ways, such as theft of your wallet, bank and utility bill statements, computer intrusion and social networks.

Prize scams: Fraudsters claiming to be authorised representatives from well-known organisations (such as Etisalat, du, Dubai Shopping Festival, Expo2020, Lulu Hypermarket etc) contact victims to tell them they have won a cash prize and request them to share confidential banking details to transfer the prize money.

* Nada El Sawy

Afghanistan squad

Gulbadin Naib (captain), Mohammad Shahzad (wicketkeeper), Noor Ali Zadran, Hazratullah Zazai, Rahmat Shah, Asghar Afghan, Hashmatullah Shahidi, Najibullah Zadran, Samiullah Shinwari, Mohammad Nabi, Rashid Khan, Dawlat Zadran, Aftab Alam, Hamid Hassan, Mujeeb Ur Rahman.

Factfile on Garbine Muguruza:

Name: Garbine Muguruza (ESP)

World ranking: 15 (will rise to 5 on Monday)

Date of birth: October 8, 1993

Place of birth: Caracas, Venezuela

Place of residence: Geneva, Switzerland

Height: 6ft (1.82m)

Career singles titles: 4

Grand Slam titles: 2 (French Open 2016, Wimbledon 2017)

Career prize money: $13,928,719

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Western Region Asia Cup Qualifier

Results

UAE beat Saudi Arabia by 12 runs

Kuwait beat Iran by eight wickets

Oman beat Maldives by 10 wickets

Bahrain beat Qatar by six wickets

Semi-finals

UAE v Qatar

Bahrain v Kuwait

 

Community Shield info

Where, when and at what time Wembley Stadium in London on Sunday at 5pm (UAE time)

Arsenal line up (3-4-2-1) Petr Cech; Rob Holding, Per Mertesacker, Nacho Monreal; Hector Bellerin, Mohamed Elneny, Granit Xhaka, Alex Oxlade-Chamberlain; Alex Iwobi, Danny Welbeck; Alexandre Lacazette

Arsenal manager Arsene Wenger

Chelsea line up (3-4-2-1) Thibaut Courtois; Cesar Azpilicueta, David Luiz, Gary Cahill; Victor Moses, Cesc Fabregas, N'Golo Kante, Marcos Alonso; Willian, Pedro; Michy Batshuayi

Chelsea manager Antonio Conte

Referee Bobby Madley

The squad traveling to Brazil:

Faisal Al Ketbi, Ibrahim Al Hosani, Khalfan Humaid Balhol, Khalifa Saeed Al Suwaidi, Mubarak Basharhil, Obaid Salem Al Nuaimi, Saeed Juma Al Mazrouei, Saoud Abdulla Al Hammadi, Taleb Al Kirbi, Yahia Mansour Al Hammadi, Zayed Al Kaabi, Zayed Saif Al Mansoori, Saaid Haj Hamdou, Hamad Saeed Al Nuaimi. Coaches Roberto Lima and Alex Paz.

Chelsea 2 Burnley 3
Chelsea
 Morata (69'), Luiz (88')
Burnley Vokes (24', 43'), Ward (39')
Red cards Cahill, Fabregas (Chelsea)

What is graphene?

Graphene is a single layer of carbon atoms arranged like honeycomb.

It was discovered in 2004, when Russian-born Manchester scientists Andrei Geim and Kostya Novoselov were "playing about" with sticky tape and graphite - the material used as "lead" in pencils.

Placing the tape on the graphite and peeling it, they managed to rip off thin flakes of carbon. In the beginning they got flakes consisting of many layers of graphene. But as they repeated the process many times, the flakes got thinner.

By separating the graphite fragments repeatedly, they managed to create flakes that were just one atom thick. Their experiment had led to graphene being isolated for the very first time.

At the time, many believed it was impossible for such thin crystalline materials to be stable. But examined under a microscope, the material remained stable, and when tested was found to have incredible properties.

It is many times times stronger than steel, yet incredibly lightweight and flexible. It is electrically and thermally conductive but also transparent. The world's first 2D material, it is one million times thinner than the diameter of a single human hair.

But the 'sticky tape' method would not work on an industrial scale. Since then, scientists have been working on manufacturing graphene, to make use of its incredible properties.

In 2010, Geim and Novoselov were awarded the Nobel Prize for Physics. Their discovery meant physicists could study a new class of two-dimensional materials with unique properties. 

 

Players Selected for La Liga Trials

U18 Age Group
Name: Ahmed Salam (Malaga)
Position: Right Wing
Nationality: Jordanian

Name: Yahia Iraqi (Malaga)
Position: Left Wing
Nationality: Morocco

Name: Mohammed Bouherrafa (Almeria)
Position: Centre-Midfield
Nationality: French

Name: Mohammed Rajeh (Cadiz)
Position: Striker
Nationality: Jordanian

U16 Age Group
Name: Mehdi Elkhamlichi (Malaga)
Position: Lead Striker
Nationality: Morocco

Jetour T1 specs

Engine: 2-litre turbocharged

Power: 254hp

Torque: 390Nm

Price: From Dh126,000

Available: Now

The specs
Engine: 4.0-litre flat-six
Power: 510hp at 9,000rpm
Torque: 450Nm at 6,100rpm
Transmission: 7-speed PDK auto or 6-speed manual
Fuel economy, combined: 13.8L/100km
On sale: Available to order now
Price: From Dh801,800
Lexus LX700h specs

Engine: 3.4-litre twin-turbo V6 plus supplementary electric motor

Power: 464hp at 5,200rpm

Torque: 790Nm from 2,000-3,600rpm

Transmission: 10-speed auto

Fuel consumption: 11.7L/100km

On sale: Now

Price: From Dh590,000

F1 The Movie

Starring: Brad Pitt, Damson Idris, Kerry Condon, Javier Bardem

Director: Joseph Kosinski

Rating: 4/5