Banks are being highly encouraged to be flexible and understanding of customers’ circumstances, says Philip King, head of retail banking at Abu Dhabi Islamic Bank. Steven Castelluccia / The National
Banks are being highly encouraged to be flexible and understanding of customers’ circumstances, says Philip King, head of retail banking at Abu Dhabi Islamic Bank. Steven Castelluccia / The National
Banks are being highly encouraged to be flexible and understanding of customers’ circumstances, says Philip King, head of retail banking at Abu Dhabi Islamic Bank. Steven Castelluccia / The National
Banks are being highly encouraged to be flexible and understanding of customers’ circumstances, says Philip King, head of retail banking at Abu Dhabi Islamic Bank. Steven Castelluccia / The National

The Debt Panel: 'I have no job and owe Dh220,000 – should I apply for bankruptcy?'


Felicity Glover
  • English
  • Arabic

Five months before the Covid-19 pandemic began last year, I lost my job and had to file a case against the company for not paying my end-of-service gratuity. Unfortunately, the case was delayed by 15 months because of the pandemic and there was an unexpected decision by the judge.

I have been unable to find another job despite trying my best. My debts are piling up and I have had three court cases filed against me for non-payment – one for my car loan in Ras Al Khaimah, a criminal case in Ajman and a civil case in Dubai.

In total, I have about Dh220,000 of debt, which includes interest and late fees. Because I can’t find a job, I have been unable to make regular payments and that is why I am in this situation.

The criminal case in Ajman was closed because I paid a Dh2,000 fine. For the Dubai case, I agreed to an unrealistic settlement, which included lawyers’ fees. I made three payments towards the settlement amount, but couldn’t afford to pay it any more. The police seized my car and the bank sold it to use against the loan.

With the financial help of friends, I had to send my wife and baby daughter home. Since leaving the UAE, my daughter has become sick and is losing weight. The doctors are worried it is psychological as I am not with them.

Recently, I received a call from the bank’s legal department asking me to pay Dh4,000 within 10 days or they will restart the civil case against me.

I don’t have the money and don’t know what to do any more. I have lived here for 18 years and if I had a job, I could pay these debts and bring my wife and daughter home so we can be together again. What options do I have? Is bankruptcy a possibility or something you would advise against? LH, Dubai

Debt panellist 1: Hazem Balbaa, associate at BSA Ahmad Bin Hezeem & Associates

Given the country’s great interest in protecting creditors’ rights, the UAE recently amended the Insolvency Law. The Insolvency Law only applies to individuals, while the Bankruptcy Law applies to companies and establishments.

The Insolvency Law provides debtors two options to assist them in settling their outstanding debts.

The first option is for the debtor to submit to the court a request to open settlement proceedings to settle the outstanding amounts. The court will study the debtor’s request and has complete discretion to either accept or reject the request.

If the court accepts the request, it will appoint an expert to study the financial status of the debtor and come up with a suitable plan to pay the debts that also has to be approved by the creditors. This route paves the way to a moratorium on actions by creditors applying to seize any of the debtor’s assets.

It is also in their best interest that you do not default on your debts as this could have considerable impact on their financial books.
Philip King,
head of retail banking at Abu Dhabi Islamic Bank

The second option is for the debtor to declare they are insolvent. This route is only available if the debtor stopped paying for a period of time that exceeds 65 consecutive days and the amounts owed are greater than Dh250,000.

This route places a suspension on all legal and judicial enforcement proceedings against the debtor, as well as all criminal proceedings arising from bounced cheques.

It is also worth mentioning that liquidation will result in barring the debtor from entering into obligations and applying for new loans for three years from the date the judgment is issued.

Finally, the court can impose criminal liability on the debtor if it is satisfied that they have been negligent in their spending patterns given their financial capabilities and is intentionally harming creditors.

Debt panellist 2: Philip King, head of retail banking at Abu Dhabi Islamic Bank

This is an unfortunate situation to find yourself in. However, it is important that you remain optimistic and make all possible efforts to improve your financial circumstances.

Before you consider filing for personal bankruptcy or insolvency, I would recommend you reach out to your bank for any possibility of restructuring your debts. During this time, banks are being highly encouraged to be flexible and understanding of customers’ circumstances.

It is also in their best interest that you do not default on your debts as this could have considerable impact on their financial books.

I advise you to communicate with your bank to explain your current situation and your willingness to pay your debts as soon as you find a job. Depending on your agreement, you may be able to renegotiate the terms of your loans with reduced payments and a longer tenure. You may also ask your bank if they can offer you instalment postponements or payment holidays.

In addition, it would be worth checking if you have insurance policies against your remaining loans. Depending on the terms and conditions, the policies could cover involuntary job loss. In such a case, the insurance could support your monthly loan repayments and safeguard you from default for a predetermined period.

Declaring personal bankruptcy or insolvency should be your last resort at it could have long-term negative repercussions that may further delay your journey to a better financial position.

The process is cumbersome and may result in extreme measures such as liquidation of your properties to pay off your debts. It could also be expensive as you would need the support of legal experts to tackle your case.

However, should you decide to go down that route, I advise you reach out to a legal expert who could provide pro-bono support and give you advice on the appropriate next steps.

To establish a sound financial footing, it is important you seek avenues to boost your financial resources. This involves securing a job that will help you address your debt obligations and working out a sound budgeting plan that trims down your expenditures and increases your savings and emergency buffers.

While you continue to search for new job opportunities, you could also look into freelance or part-time work to help manage your situation.

Debt panellist 3: Nathan McFarlane, founder of AskHelpWith.com

This is a nightmare of a situation to find yourself in and – from my personal experience – a very difficult one to deal with.

Your first port of call is to find some level of income and reduce all expenses to a minimum. You may feel like there is no solution and you are on your own but, rest assured, there is always a solution and you are most certainly not alone.

Your responsibility is to take action on everything you can do right now. This includes staying in communication with your creditors and ensuring that everything is in writing to show your good intent.

It is important to understand there may not be an overnight solution to your problem and coming to a resolution will take time.

By the sound of your description, your debts are below Dh200,000 if you don't include late charges and interest payments. Therefore criminal issues outside of bounced cheques are likely to be limited.

Talking to your banks to come to an arrangement to avoid further civil case issues would be sensible. For smaller amounts, civil cases are less likely but be aware that all creditors have the ability to file if they see fit.

Have you also considered a job in your home country? Providing there are no outstanding legal cases or travel bans, you can still pay your debts from your home country and then return to the UAE when you are more financially stable.

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

Company%20profile
%3Cp%3E%3Cstrong%3EName%3A%3C%2Fstrong%3E%20WallyGPT%3Cbr%3E%3Cstrong%3EStarted%3A%20%3C%2Fstrong%3E2014%3Cbr%3E%3Cstrong%3EFounders%3A%20%3C%2Fstrong%3ESaeid%20and%20Sami%20Hejazi%3Cbr%3E%3Cstrong%3EBased%3A%3C%2Fstrong%3E%20Dubai%3Cbr%3E%3Cstrong%3ESector%3A%20%3C%2Fstrong%3EFinTech%3Cbr%3E%3Cstrong%3EInvestment%20raised%3A%20%3C%2Fstrong%3E%247.1%20million%3Cbr%3E%3Cstrong%3ENumber%20of%20staff%3A%3C%2Fstrong%3E%2020%3Cbr%3E%3Cstrong%3EInvestment%20stage%3A%20%3C%2Fstrong%3EPre-seed%20round%3C%2Fp%3E%0A
Who has been sanctioned?

Daniella Weiss and Nachala
Described as 'the grandmother of the settler movement', she has encouraged the expansion of settlements for decades. The 79 year old leads radical settler movement Nachala, whose aim is for Israel to annex Gaza and the occupied West Bank, where it helps settlers built outposts.

Harel Libi & Libi Construction and Infrastructure
Libi has been involved in threatening and perpetuating acts of aggression and violence against Palestinians. His firm has provided logistical and financial support for the establishment of illegal outposts.

Zohar Sabah
Runs a settler outpost named Zohar’s Farm and has previously faced charges of violence against Palestinians. He was indicted by Israel’s State Attorney’s Office in September for allegedly participating in a violent attack against Palestinians and activists in the West Bank village of Muarrajat.

Coco’s Farm and Neria’s Farm
These are illegal outposts in the West Bank, which are at the vanguard of the settler movement. According to the UK, they are associated with people who have been involved in enabling, inciting, promoting or providing support for activities that amount to “serious abuse”.

The specs
Engine: 2.0-litre turbo 4-cyl

Transmission: eight-speed auto

Power: 190bhp

Torque: 300Nm

Price: Dh169,900

On sale: now 

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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

The National's picks

4.35pm: Tilal Al Khalediah
5.10pm: Continous
5.45pm: Raging Torrent
6.20pm: West Acre
7pm: Flood Zone
7.40pm: Straight No Chaser
8.15pm: Romantic Warrior
8.50pm: Calandogan
9.30pm: Forever Young

UK-EU trade at a glance

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Co-operation on security initiatives and procurement of defence products

Youth experience scheme to work, study or volunteer in UK and EU countries

Smoother border management with use of e-gates

Cutting red tape on import and export of food

The specs

AT4 Ultimate, as tested

Engine: 6.2-litre V8

Power: 420hp

Torque: 623Nm

Transmission: 10-speed automatic

Price: From Dh330,800 (Elevation: Dh236,400; AT4: Dh286,800; Denali: Dh345,800)

On sale: Now

The specs

Engine: 2-litre 4-cylinder and 3.6-litre 6-cylinder

Power: 220 and 280 horsepower

Torque: 350 and 360Nm

Transmission: eight-speed automatic

Price: from Dh136,521 VAT and Dh166,464 VAT 

On sale: now

Disposing of non-recycleable masks
    Use your ‘black bag’ bin at home Do not put them in a recycling bin Take them home with you if there is no litter bin
  • No need to bag the mask
The specs

Engine: Two permanent-magnet synchronous AC motors

Transmission: two-speed

Power: 671hp

Torque: 849Nm

Range: 456km

Price: from Dh437,900 

On sale: now

UAE currency: the story behind the money in your pockets
The%20specs
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MATCH INFO

Cricket World Cup League Two
Oman, UAE, Namibia
Al Amerat, Muscat
 
Results
Oman beat UAE by five wickets
UAE beat Namibia by eight runs
Namibia beat Oman by 52 runs
UAE beat Namibia by eight wickets
UAE v Oman - abandoned
Oman v Namibia - abandoned

The biog

Favourite hobby: taking his rescue dog, Sally, for long walks.

Favourite book: anything by Stephen King, although he said the films rarely match the quality of the books

Favourite film: The Shawshank Redemption stands out as his favourite movie, a classic King novella

Favourite music: “I have a wide and varied music taste, so it would be unfair to pick a single song from blues to rock as a favourite"

COMPANY PROFILE
Name: HyperSpace
 
Started: 2020
 
Founders: Alexander Heller, Rama Allen and Desi Gonzalez
 
Based: Dubai, UAE
 
Sector: Entertainment 
 
Number of staff: 210 
 
Investment raised: $75 million from investors including Galaxy Interactive, Riyadh Season, Sega Ventures and Apis Venture Partners
THE%C2%A0SPECS
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TERMINAL HIGH ALTITUDE AREA DEFENCE (THAAD)

What is THAAD?

It is considered to be the US's most superior missile defence system.

Production:

It was created in 2008.

Speed:

THAAD missiles can travel at over Mach 8, so fast that it is hypersonic.

Abilities:

THAAD is designed to take out  ballistic missiles as they are on their downward trajectory towards their target, otherwise known as the "terminal phase".

Purpose:

To protect high-value strategic sites, such as airfields or population centres.

Range:

THAAD can target projectiles inside and outside the Earth's atmosphere, at an altitude of 150 kilometres above the Earth's surface.

Creators:

Lockheed Martin was originally granted the contract to develop the system in 1992. Defence company Raytheon sub-contracts to develop other major parts of the system, such as ground-based radar.

UAE and THAAD:

In 2011, the UAE became the first country outside of the US to buy two THAAD missile defence systems. It then stationed them in 2016, becoming the first Gulf country to do so.

Abu Dhabi GP Saturday schedule

12.30pm GP3 race (18 laps)

2pm Formula One final practice 

5pm Formula One qualifying

6.40pm Formula 2 race (31 laps)

How to get there

Emirates (www.emirates.com) flies directly to Hanoi, Vietnam, with fares starting from around Dh2,725 return, while Etihad (www.etihad.com) fares cost about Dh2,213 return with a stop. Chuong is 25 kilometres south of Hanoi.
 

Key facilities
  • Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
  • Premier League-standard football pitch
  • 400m Olympic running track
  • NBA-spec basketball court with auditorium
  • 600-seat auditorium
  • Spaces for historical and cultural exploration
  • An elevated football field that doubles as a helipad
  • Specialist robotics and science laboratories
  • AR and VR-enabled learning centres
  • Disruption Lab and Research Centre for developing entrepreneurial skills
SPECS
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Ferrari 12Cilindri specs

Engine: naturally aspirated 6.5-liter V12

Power: 819hp

Torque: 678Nm at 7,250rpm

Price: From Dh1,700,000

Available: Now

SPEC%20SHEET%3A%20SAMSUNG%20GALAXY%20Z%20FLIP%204
%3Cp%3E%3Cstrong%3EDisplay%3A%20%3C%2Fstrong%3EMain%20%E2%80%93%206.7%22%20FHD%20Dynamic%20Amoled%202X%2C%202640%20x%201080%2C%2022%3A9%2C%20425ppi%2C%20HDR10%2B%2C%20up%20to%20120Hz%3B%20cover%20%E2%80%93%201.9%22%20Super%20Amoled%2C%20512%20x%20260%2C%20302ppi%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EProcessor%3A%3C%2Fstrong%3E%20Qualcomm%20Snapdragon%208%2B%20Gen%201%2C%204nm%2C%20octa-core%3B%20Adreno%20730%20GPU%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EMemory%3A%3C%2Fstrong%3E%208GB%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ECapacity%3A%3C%2Fstrong%3E%20128%2F256%2F512GB%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EPlatform%3A%3C%2Fstrong%3E%20Android%2012%2C%20One%20UI%204.1.1%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EMain%20camera%3A%3C%2Fstrong%3E%20Dual%2012MP%20ultra-wide%20(f%2F2.2)%20%2B%2012MP%20wide%20(f%2F1.8)%2C%20OIS%2C%20portrait%2C%20super%20slo-mo%2C%20hyperlapse%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EVideo%3A%3C%2Fstrong%3E%204K%4030%2F60fps%2C%20full-HD%4030%2F60fps%2C%20HD%4030fps%3B%20slo-mo%40240%2F960fps%3B%20HDR10%2B%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EFront%20camera%3A%3C%2Fstrong%3E%2010MP%20(f%2F2.4)%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EBattery%3A%3C%2Fstrong%3E%203700mAh%2C%2025W%20fast%20charging%2C%2015W%20wireless%20charging%2C%20reverse%20wireless%20charging%2C%20'all-day'%20life%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EConnectivity%3A%3C%2Fstrong%3E%205G%3B%20Wi-Fi%2C%20Bluetooth%205.2%2C%20NFC%20(Samsung%20Pay)%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EI%2FO%3A%3C%2Fstrong%3E%20USB-C%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ECards%3A%3C%2Fstrong%3E%20Nano-SIM%20%2B%20eSIM%3B%20no%20microSD%20slot%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EColours%3A%3C%2Fstrong%3E%20Bora%20purple%2C%20graphite%2C%20pink%20gold%2C%20blue%3B%20Bespoke%20Edition%20in%20select%20countries%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EIn%20the%20box%3A%3C%2Fstrong%3E%20Flip%204%2C%20USB-C-to-USB-C%20cable%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EPrice%3A%3C%2Fstrong%3E%20Dh3%2C799%20%2F%20Dh3%2C999%20%2F%20Dh4%2C449%3C%2Fp%3E%0A
Benefits of first-time home buyers' scheme
  • Priority access to new homes from participating developers
  • Discounts on sales price of off-plan units
  • Flexible payment plans from developers
  • Mortgages with better interest rates, faster approval times and reduced fees
  • DLD registration fee can be paid through banks or credit cards at zero interest rates
Our legal advisor

Ahmad El Sayed is Senior Associate at Charles Russell Speechlys, a law firm headquartered in London with offices in the UK, Europe, the Middle East and Hong Kong.

Experience: Commercial litigator who has assisted clients with overseas judgments before UAE courts. His specialties are cases related to banking, real estate, shareholder disputes, company liquidations and criminal matters as well as employment related litigation. 

Education: Sagesse University, Beirut, Lebanon, in 2005.

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What is a Ponzi scheme?

A fraudulent investment operation where the scammer provides fake reports and generates returns for old investors through money paid by new investors, rather than through ligitimate business activities.

UAE currency: the story behind the money in your pockets
UAE%20medallists%20at%20Asian%20Games%202023
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Abu Dhabi GP schedule

Friday: First practice - 1pm; Second practice - 5pm

Saturday: Final practice - 2pm; Qualifying - 5pm

Sunday: Etihad Airways Abu Dhabi Grand Prix (55 laps) - 5.10pm

The specs

Engine: 1.5-litre, 4-cylinder turbo

Transmission: CVT

Power: 170bhp

Torque: 220Nm

Price: Dh98,900

TO A LAND UNKNOWN

Director: Mahdi Fleifel

Starring: Mahmoud Bakri, Aram Sabbah, Mohammad Alsurafa

Rating: 4.5/5

Monster

Directed by: Anthony Mandler

Starring: Kelvin Harrison Jr., John David Washington 

3/5

 

The%20specs
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RESULT

Aston Villa 1
Samatta (41')
Manchester City 2
Aguero (20')
Rodri (30')

PRISCILLA
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Farasan Boat: 128km Away from Anchorage

Director: Mowaffaq Alobaid 

Stars: Abdulaziz Almadhi, Mohammed Al Akkasi, Ali Al Suhaibani

Rating: 4/5

Updated: August 18, 2021, 5:00 AM`