Nick Donaldson / Getty
Nick Donaldson / Getty
Nick Donaldson / Getty
Nick Donaldson / Getty

The Debt Panel: 'My bank is ignoring a fraudulent transaction on my card'


Felicity Glover
  • English
  • Arabic

In 2021, I had a credit card and owed an outstanding amount of Dh22,000 ($5,990).

When I came to know about the acquisition of the card's issuing bank by another lender, I decided it would be wise to pay it off. After clearing the dues, I retained the card but stopped using it.

However, a few months later, I noticed a fraudulent transaction on my card amounting to Dh12,000. When I received an SMS from the bank with a one-time password, I immediately called the bank to block the card.

The customer service agent instructed me to fill out a dispute form and promised me that the fraudulent transaction would not go through as the card had been blocked.

However, a few days later, I noticed that the money had been deducted from my account.

The bank acquisition had been completed by then. I contacted the bank again and they advised me to fill out a new dispute form and also register a police complaint. I followed their instructions.

It’s been nearly two years and my money has not been refunded. However, I recently received an email from the bank about imposing a travel ban and a civil case against me for unpaid dues.

How can I resolve this situation? I don’t want to pay for a transaction that I didn’t authorise. JK, Dubai

Debt panellist 1: Steve Cronin, founder of DeadSimpleSaving.com

You were right to be cautious about bank mergers and acquisitions. A lot of customer data can get lost in the process, especially if your bank’s data is being transferred to another bank’s systems.

Even worse, we have seen the reappearance of “zombie” cards and debt, when a card you thought was closed reappears years later to ruin your credit score, while there is no legacy records of any conversations or actions you took at the time.

Hackers and fraudsters also know that a bank’s systems are particularly vulnerable during the inevitable disruption of an acquisition, so they will take aim at that bank’s customers in any way possible.

The mistake you made here, after settling the card, was not to close it and get a letter of no liability.

It is not clear how the money was deducted from your account, given you did not enter the OTP and blocked the card. Sometimes, SIM cards can be copied to get access to those passwords.

Do you have any record of correspondence with the bank: what you said and what they instructed you to do?

If the customer service agent wrote the instructions down for you in an email or chat, it will strengthen your case that you did everything asked of you and the bank did not.

In addition, any written confirmation from the bank that you reported a fraud and blocked the card will provide proof that this transaction was not initiated by you and you should not be responsible for the resulting debt.

You should at least have documentation for the police complaint, or the police station may be able to find it for you.

As two years have passed, it may be difficult for you or the bank to find the right information. Did you ever contact the bank to follow up progress for the refund? Prepare a document with a timeline of your actions and the bank's actions.

A travel ban and a civil case seems aggressive for a Dh12,000 debt, though with interest this may have increased considerably.

You now need to take action and defend yourself robustly, otherwise you could find yourself with a terrible credit score and a pending court case.

With your documentation assembled, contact the bank through several channels. Call the card department. Visit your branch and insist on speaking to the branch manager.

Go to the bank’s HQ and insist on speaking to a loan officer or collections department manager in person. Now is not the time to be timid — your finances and reputation are at stake.

Watch: UAE's national fraud awareness campaign to curb email scams

Lay out in writing your issues and concerns, then give the bank a 30-day ultimatum to resolve the situation.

Make it clear that if they fail to act, you will go the UAE Central Bank's Consumer Protection Unit and will engage a lawyer.

Be a pain, so that it is less of a hassle for the bank to resolve the case with you than to facelessly threaten you without acknowledging your situation.

If, after 30 days, the bank has not responded to your satisfaction, update your documentation with all the correspondence you have had with the bank and go to the UAE Central Bank.

You can contact UAE Central Bank via its website, phone or branch, but you must wait until the bank at fault has had 30 days to respond to you.

Legal challenges are rarely successful in these situations, but you may want to speak to a lawyer about your situation. You might be able to find one through your community.

Debt panellist 2: Carol Glynn, founder of Conscious Finance Coaching

I'm so sorry to hear about your situation. Dealing with fraudulent transactions on your credit card can be stressful and it is understandable that you want to avoid paying for an unauthorised transaction.

It is surprising the transaction went through if you did not provide the OTP.

Unfortunately, banks in the UAE do not have to reimburse customers who have willingly given out their card details through negligence.

Hopefully, this is not the case for you and the OTP was not provided to the fraudsters.

Many banks require you to pay in full while an investigation is ongoing.

While this is frustrating, it also prevents incurring interest, charges and, in this case, a potential police report and travel ban for non-payment.

If you have the cash available, I would recommend considering paying the debt to prevent the bank pursuing a travel ban. At the same time, continue to pursue a refund of the transaction, including any fees or charges.

Here are some steps you can take to resolve the situation:

Contact the bank: Reach out to the bank again and explain your situation. Provide them with any reference numbers or documentation related to the disputed transaction and the police complaint you filed. Ask them to investigate the matter and provide you with an update on the status of your case. It may also be helpful to ask for a specific point of contact to follow up with.

Watch: UAE's national fraud awareness campaign targets Sim card scams

Consider seeking legal advice: If you're not getting any resolution from the bank, it may be time to seek legal advice. A lawyer can help you understand your rights and options, and can assist you in taking legal action if necessary.

File a complaint with the UAE Central Bank: The UAE Central Bank has a Consumer Protection Department that handles complaints related to banks and financial institutions. You can file a complaint with them 30 days after you register an official complaint with the bank and it remains unresolved.

Negotiate a settlement: If you did inadvertently provide the OTP to the fraudsters, and the bank is unwilling to refund the disputed amount, you may want to consider negotiating a settlement. This could involve agreeing to pay a portion of the disputed amount in exchange for the bank dropping the case against you.

It's important to be persistent and patient when dealing with a situation like this. Keep records of all your communications with the bank, and follow up regularly to ensure that your case is being investigated. Good luck!

Debt panellist 3: Alicia Alonso, lawyer at BSA Ahmad Bin Hezeem & Associates

Along with advancements in technology, comes an advancement in fraud via technology. It is truly an unfortunate situation you find yourself in.

The first step you should take is to escalate your complaint to the UAE Central Bank and seek legal advice immediately.

Hire a lawyer and grant them the power of attorney via public notary. They will then be able to manage your financial affairs.

A good place to start would be to investigate your bank’s legal obligations in the event of fraud.

Banks have security systems in place to detect fraud. They are subject to professional standards and owe their clients a duty to detect and investigate fraud.

The onus also lies with the bank to prove that the transaction was not fraudulent. As this is a technical matter, you should request an appointment with an expert to investigate the fraudulent transaction.

Assuming that the email the bank sent you is a warning of a looming travel ban and civil case in the event of continued unpaid dues, you could also file a civil case against the bank
Alicia Alonso,
lawyer at BSA Ahmad Bin Hezeem & Associates

Assuming that the email the bank sent you is a warning of a looming travel ban and civil case in the event of continued unpaid dues, you could also file a civil case against the bank, which costs Dh12,000 plus interest and any court fees.

Article 22 of Federal Law No 35 of 1992 entitles you to do so.

If you want to avoid the travel ban and having a civil case filed against you, an alternative option would be to pay the unpaid dues and then launch a civil case against the bank for the aforementioned amounts and add-ons.

However, this is only an action to take if the travel ban is imminent and you urgently need to travel.

Further, this option assumes you are financially able to pay the required sums.

Your payment to them should be documented with strong disclaimers to the effect that the payment you are making is not an admission of liability; that it is only to avoid a wrongful travel ban being imposed, and that you will be claiming the damages from the bank for its actions.

Whether or not the travel ban has been imposed or is imminent, you should get in touch with a lawyer who can communicate with the bank on your behalf.

In case the matter proceeds to court, a lawyer will be able to represent you and hopefully secure a favourable outcome. In that case, a counterclaim against the bank would certainly be warranted.

There are three ways in which the bank could be found liable for damages.

Firstly, they negligently failed to perform their professional duties which, absent failure to do so, would have revealed the fraud.

Secondly, as an accessory, requiring dishonest assistance in breach of fiduciary duty/trust.

Lastly, there exists an implied duty on banks to spot whether their client has dishonestly given instructions. This is known as the Quincecare duty. Here, the first would apply.

Banks must refrain from making a payment where there is reasonable belief that the payment could be fraudulent to the client.

The mere fact that you filed dispute claims, repeatedly contacted the bank to inform them of the fraud, froze your card and filed a police report should be grounds enough for constituting a reasonable belief that the payment could be fraudulent.

The failure of the bank to act on that reasonable belief resulted in you suffering from a loss for which you are entitled compensation.

You may find that a strongly worded notice to the bank, sent by a law firm, would trigger that bank into seriously reconsidering their course of action — and may resolve the issue entirely.

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@thenationalnationalnews.com

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Country-size land deals

US interest in purchasing territory is not as outlandish as it sounds. Here's a look at some big land transactions between nations:

Louisiana Purchase

If Donald Trump is one who aims to broker "a deal of the century", then this was the "deal of the 19th Century". In 1803, the US nearly doubled in size when it bought 2,140,000 square kilometres from France for $15 million.

Florida Purchase Treaty

The US courted Spain for Florida for years. Spain eventually realised its burden in holding on to the territory and in 1819 effectively ceded it to America in a wider border treaty. 

Alaska purchase

America's spending spree continued in 1867 when it acquired 1,518,800 km2 of  Alaskan land from Russia for $7.2m. Critics panned the government for buying "useless land".

The Philippines

At the end of the Spanish-American War, a provision in the 1898 Treaty of Paris saw Spain surrender the Philippines for a payment of $20 million. 

US Virgin Islands

It's not like a US president has never reached a deal with Denmark before. In 1917 the US purchased the Danish West Indies for $25m and renamed them the US Virgin Islands.

Gwadar

The most recent sovereign land purchase was in 1958 when Pakistan bought the southwestern port of Gwadar from Oman for 5.5bn Pakistan rupees. 

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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.

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The details: Visas are available for 247 Zambian kwacha or US$20 (Dh73) per person on arrival at Livingstone Airport. Single entry into Victoria Falls for international visitors costs 371 kwacha or $30 (Dh110). Microlight flights are available through Batoka Sky, with 15-minute flights costing 2,265 kwacha (Dh680).
Accommodation: The Royal Livingstone Victoria Falls Hotel by Anantara is an ideal place to stay, within walking distance of the falls and right on the Zambezi River. Rooms here start from 6,635 kwacha (Dh2,398) per night, including breakfast, taxes and Wi-Fi. Water arrivals cost from 587 kwacha (Dh212) per person.

List of alleged parties

 

May 12, 2020: PM and his wife Carrie attend 'work meeting' with at least 17 staff 

May 20, 2020: They attend 'bring your own booze party'

Nov 27, 2020: PM gives speech at leaving party for his staff 

Dec 10, 2020: Staff party held by then-education secretary Gavin Williamson 

Dec 13, 2020: PM and his wife throw a party

Dec 14, 2020: London mayoral candidate Shaun Bailey holds staff event at Conservative Party headquarters 

Dec 15, 2020: PM takes part in a staff quiz 

Dec 18, 2020: Downing Street Christmas party 

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UPI facts

More than 2.2 million Indian tourists arrived in UAE in 2023
More than 3.5 million Indians reside in UAE
Indian tourists can make purchases in UAE using rupee accounts in India through QR-code-based UPI real-time payment systems
Indian residents in UAE can use their non-resident NRO and NRE accounts held in Indian banks linked to a UAE mobile number for UPI transactions

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Favourite author - Paulo Coelho 

Favourite holiday destination - Cuba 

New York Times or Jordan Times? NYT is a school and JT was my practice field

Role model - My Grandfather 

Dream interviewee - Che Guevara

UAE currency: the story behind the money in your pockets
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• Scientists estimate there could be as many as 3 million fungal species globally
• Only about 160,000 have been officially described leaving around 90% undiscovered
• Fungi account for roughly 90% of Earth's unknown biodiversity
• Forest fungi help tackle climate change, absorbing up to 36% of global fossil fuel emissions annually and storing around 5 billion tonnes of carbon in the planet's topsoil

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Monday January 6 - UAE v Namibia
Wednesday January 8 - Oman v Namibia
Thursday January 9 - Oman v UAE
Saturday January 11 - UAE v Namibia
Sunday January 12 – Oman v Namibia

UAE squad
Ahmed Raza (captain), Rohan Mustafa, Mohammed Usman, CP Rizwan, Waheed Ahmed, Zawar Farid, Darius D’Silva, Karthik Meiyappan, Jonathan Figy, Vriitya Aravind, Zahoor Khan, Junaid Siddique, Basil Hameed, Chirag Suri

UAE squad

Esha Oza (captain), Al Maseera Jahangir, Emily Thomas, Heena Hotchandani, Indhuja Nandakumar, Katie Thompson, Lavanya Keny, Mehak Thakur, Michelle Botha, Rinitha Rajith, Samaira Dharnidharka, Siya Gokhale, Sashikala Silva, Suraksha Kotte, Theertha Satish (wicketkeeper) Udeni Kuruppuarachchige, Vaishnave Mahesh.

UAE tour of Zimbabwe

All matches in Bulawayo
Friday, Sept 26 – First ODI
Sunday, Sept 28 – Second ODI
Tuesday, Sept 30 – Third ODI
Thursday, Oct 2 – Fourth ODI
Sunday, Oct 5 – First T20I
Monday, Oct 6 – Second T20I

MATCH INFO

Fixture: Ukraine v Portugal, Monday, 10.45pm (UAE)

TV: BeIN Sports

In numbers: China in Dubai

The number of Chinese people living in Dubai: An estimated 200,000

Number of Chinese people in International City: Almost 50,000

Daily visitors to Dragon Mart in 2018/19: 120,000

Daily visitors to Dragon Mart in 2010: 20,000

Percentage increase in visitors in eight years: 500 per cent

The biog

First Job: Abu Dhabi Department of Petroleum in 1974  
Current role: Chairperson of Al Maskari Holding since 2008
Career high: Regularly cited on Forbes list of 100 most powerful Arab Businesswomen
Achievement: Helped establish Al Maskari Medical Centre in 1969 in Abu Dhabi’s Western Region
Future plan: Will now concentrate on her charitable work

Countries offering golden visas

UK
Innovator Founder Visa is aimed at those who can demonstrate relevant experience in business and sufficient investment funds to set up and scale up a new business in the UK. It offers permanent residence after three years.

Germany
Investing or establishing a business in Germany offers you a residence permit, which eventually leads to citizenship. The investment must meet an economic need and you have to have lived in Germany for five years to become a citizen.

Italy
The scheme is designed for foreign investors committed to making a significant contribution to the economy. Requires a minimum investment of €250,000 which can rise to €2 million.

Switzerland
Residence Programme offers residence to applicants and their families through economic contributions. The applicant must agree to pay an annual lump sum in tax.

Canada
Start-Up Visa Programme allows foreign entrepreneurs the opportunity to create a business in Canada and apply for permanent residence. 

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Price: base / as tested: Dh335,000

Engine: 5.6-litre V8

Gearbox: Seven-speed automatic

Power: 400hp @ 5,800rpm

Torque: 560Nm @ 4,000rpm

Fuel economy, combined: 12.1L / 100km

One in nine do not have enough to eat

Created in 1961, the World Food Programme is pledged to fight hunger worldwide as well as providing emergency food assistance in a crisis.

One of the organisation’s goals is the Zero Hunger Pledge, adopted by the international community in 2015 as one of the 17 Sustainable Goals for Sustainable Development, to end world hunger by 2030.

The WFP, a branch of the United Nations, is funded by voluntary donations from governments, businesses and private donations.

Almost two thirds of its operations currently take place in conflict zones, where it is calculated that people are more than three times likely to suffer from malnutrition than in peaceful countries.

It is currently estimated that one in nine people globally do not have enough to eat.

On any one day, the WFP estimates that it has 5,000 lorries, 20 ships and 70 aircraft on the move.

Outside emergencies, the WFP provides school meals to up to 25 million children in 63 countries, while working with communities to improve nutrition. Where possible, it buys supplies from developing countries to cut down transport cost and boost local economies.

 

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Engine: 2.0-litre 4cyl turbo

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Lexus LX700h specs

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Power: 464hp at 5,200rpm

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

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Gulf Under 19s final

Dubai College A 50-12 Dubai College B

Heather, the Totality
Matthew Weiner,
Canongate 

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. 

 

Springtime in a Broken Mirror,
Mario Benedetti, Penguin Modern Classics

 

Our legal consultants

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

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FIGHT CARD

Sara El Bakkali v Anisha Kadka (Lightweight, female)
Mohammed Adil Al Debi v Moaz Abdelgawad (Bantamweight)
Amir Boureslan v Mahmoud Zanouny (Welterweight)
Abrorbek Madaminbekov v Mohammed Al Katheeri (Featherweight)
Ibrahem Bilal v Emad Arafa (Super featherweight)
Ahmed Abdolaziz v Imad Essassi (Middleweight)
Milena Martinou v Ilham Bourakkadi (Bantamweight, female)
Noureddine El Agouti v Mohamed Mardi (Welterweight)
Nabil Ouach v Ymad Atrous (Middleweight)
Nouredin Samir v Zainalabid Dadachev (Lightweight)
Marlon Ribeiro v Mehdi Oubahammou (Welterweight)
Brad Stanton v Mohamed El Boukhari (Super welterweight

LOVE%20AGAIN
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Updated: May 11, 2023, 8:50 AM`