Mathew Kurian / The National
Mathew Kurian / The National
Mathew Kurian / The National
Mathew Kurian / The National

The Debt Panel: 'Can a bank create a security cheque without my signature?'


Felicity Glover
  • English
  • Arabic

I was living in Dubai in 2018 and working as a waiter when my father became very sick and was in the intensive care unit. I flew home to Mexico to see him, but he died one day after I arrived. I fell into a deep depression and didn’t have the money to pay for my flight back to the UAE and return to work.

During my time in the UAE, I applied for two credit cards with two separate banks: I owe Dh5,000 on one of them and Dh8,000 on the other. I haven’t made any payments towards the cards since I left Dubai two years ago.

I did not give the banks any signed personal cheques as security when I applied for the credit cards and also didn’t have a savings account with the two banks in question.

However, a debt collection agent acting on behalf of the banks claims that I gave them security cheques and says he will bounce them to bring a legal case against me, and also put a Red Notice on me through Interpol.

I have to travel soon and am worried that Interpol will become involved and I will be arrested. If I didn't give the banks cheques, how can the debt collection agent say that he has them? Is it possible that the bank created security cheques in my name against the credit cards without my knowledge or signature? And can he register a Red Notice with Interpol to prevent me from travelling? I have never committed a crime and don't know what to do. PF, Mexico

Debt panellist 1: R Sivaram, executive vice president, head of retail banking products at Emirates NBD

I am sorry to hear about the unfortunate turn of events that you have had to deal with. It is always advisable to settle all bank debts and close any lines of credit before relocating from a country so as to ensure you don’t face any potential issues.

As a first step, I would advise that you explain your situation to the bank and make it clear that you aim to clear your credit card balances. The amount you owe is relatively small, and the bank may agree to create a repayment plan that you can service even while residing outside the UAE. You could consider rationalising some of your personal expenses that will help you make regular repayments, as well as liquidating any personal assets to pay off your outstanding debts sooner.

In your discussions with the banks, ask them to confirm if a legal case has been raised and get their response in writing

It is important that you are transparent with the collection agency and work with them to clear your debt, irrespective of whether or not they have a security cheque.

It would also work in your favour if you are able to find suitable employment at the earliest, if you have not been able to already, as this will help finalise a mutually agreeable repayment plan with the bank. I wish you the very best and hope you return to financial stability soon.

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

My sincere condolences for your loss. You have been through some very difficult and painful years. It must be very stressful to now receive such threats from a debt collection agent.

Regarding the debt collector, I would recommend trying to resolve the situation directly with the two banks in question. Debt issues can have a significant impact on our life choices and options, and having unresolved debt in the UAE could restrict you from returning to the region should an employment opportunity arise.

It also leaves you exposed to situations such as the one you are experiencing now with the debt collection agent. It is often difficult to understand if they are legitimate or not.

First, you need to reach out to the banks and speak to the most senior person possible, ideally someone with decision-making authority. Explain your situation to them, including your conversations with the debt collector. Request they provide you with the current outstanding balances, including interest, penalties and fines.

But be prepared: they will be substantially higher than the amounts outstanding as interest on UAE-issued credit cards can reach up to 40 per cent annually. With the compounding impact of such high interest rates being applied to both the original balance and the additional interest each month, plus late payment penalties and fines, the debt will multiply quickly.

Hopefully, you are now working in your home country and have the means to repay the debt in full or start a repayment plan. As you are in default and out of the UAE, the bank will likely favour the debt being paid in full rather than instalments over a period of time. It's possible they will reduce the penalties, fines or some of the interest if you can pay a lump sum to clear the debt.

If you don’t have the funds to make a lump sum payment, consider speaking to a local bank in your home country about a loan. It is likely cheaper to take out a loan with a Mexican bank and clear the UAE debt compared to making instalments while still incurring such high interest on the credit card debts.

In your discussions with the banks, ask them to confirm if a legal case has been raised and get their response in writing. If you are working with them to resolve the debt, it is less likely that a legal case will be raised against you.

Bouncing a cheque under Dh200,000 is no longer a criminal offence and is instead subject to a financial penalty

Ensure you retain proof of all communications with the bank and debt collector. Any arrangements or conditions agreed on the phone should be followed up with a written confirmation of what was agreed by you and the bank representative.

Once you have repaid the debt, request a clearance letter. This will provide evidence and reassurance that the debt no longer exists and there are no legal cases against you in the UAE. Ensure the credit card accounts are cancelled as soon as the debt is repaid and also get confirmation of this in writing.

While the debt collector's threats are worrying, stressful and no doubt distracting, my suggestion would be to focus on finding a way to repay the debt in the quickest time frame possible. This will reduce the total financial cost to you while also permanently removing the debt, the stress and uncertainty associated with it from your life.

Debt panellist 3: Steve Cronin, founder of DeadSimpleSaving.com

Getting to say goodbye to your father was priceless, even though it has triggered some financial difficulties. If you have recovered and are now earning a salary, this is why it is important to have some money set aside as a cash buffer against unexpected problems.

While many Interpol Red Notices have been issued against people with UAE debt in the past, this is not possible in your case. Bouncing a cheque under Dh200,000 is no longer a criminal offence and is instead subject to a financial penalty. As such, it does not meet the criteria for a Red Notice.

If you say you did not provide security cheques, which is unusual, then they have even less leverage against you. Still, debt collectors are persistent and can make your life difficult. However, you will be able to travel anywhere you like without difficulty, except to the UAE if there is a police case against you.

Credit card debt is problematic because the high interest rate and penalty fees rapidly grow the outstanding debt you have. If the collector is chasing you for Dh13,000, you might want to consider paying it off. If there are large fees and interest on top of this, you might want to contact the banks in the UAE and see if they will negotiate to pay only the original balance or an amount closer to that.

Ignoring the debt will be tricky with a collector on your tail. It may be possible for a bank, friend or family member to lend you the money, then you can pay them back at a much lower interest rate than a credit card charges.

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

UAE currency: the story behind the money in your pockets
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 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

Company Profile

Name: Thndr
Started: 2019
Co-founders: Ahmad Hammouda and Seif Amr
Sector: FinTech
Headquarters: Egypt
UAE base: Hub71, Abu Dhabi
Current number of staff: More than 150
Funds raised: $22 million

If you go

The flights

There are direct flights from Dubai to Sofia with FlyDubai (www.flydubai.com) and Wizz Air (www.wizzair.com), from Dh1,164 and Dh822 return including taxes, respectively.

The trip

Plovdiv is 150km from Sofia, with an hourly bus service taking around 2 hours and costing $16 (Dh58). The Rhodopes can be reached from Sofia in between 2-4hours.

The trip was organised by Bulguides (www.bulguides.com), which organises guided trips throughout Bulgaria. Guiding, accommodation, food and transfers from Plovdiv to the mountains and back costs around 170 USD for a four-day, three-night trip.

 

Springsteen: Deliver Me from Nowhere

Director: Scott Cooper

Starring: Jeremy Allen White, Odessa Young, Jeremy Strong

Rating: 4/5

WHAT IS A BLACK HOLE?

1. Black holes are objects whose gravity is so strong not even light can escape their pull

2. They can be created when massive stars collapse under their own weight

3. Large black holes can also be formed when smaller ones collide and merge

4. The biggest black holes lurk at the centre of many galaxies, including our own

5. Astronomers believe that when the universe was very young, black holes affected how galaxies formed

How to report a beggar

Abu Dhabi – Call 999 or 8002626 (Aman Service)

Dubai – Call 800243

Sharjah – Call 065632222

Ras Al Khaimah - Call 072053372

Ajman – Call 067401616

Umm Al Quwain – Call 999

Fujairah - Call 092051100 or 092224411

UAE currency: the story behind the money in your pockets
COMPANY%20PROFILE
%3Cp%3E%3Cstrong%3EName%3A%20%3C%2Fstrong%3ESmartCrowd%0D%3Cbr%3E%3Cstrong%3EStarted%3A%20%3C%2Fstrong%3E2018%0D%3Cbr%3E%3Cstrong%3EFounder%3A%20%3C%2Fstrong%3ESiddiq%20Farid%20and%20Musfique%20Ahmed%0D%3Cbr%3E%3Cstrong%3EBased%3A%20%3C%2Fstrong%3EDubai%0D%3Cbr%3E%3Cstrong%3ESector%3A%20%3C%2Fstrong%3EFinTech%20%2F%20PropTech%0D%3Cbr%3E%3Cstrong%3EInitial%20investment%3A%20%3C%2Fstrong%3E%24650%2C000%0D%3Cbr%3E%3Cstrong%3ECurrent%20number%20of%20staff%3A%3C%2Fstrong%3E%2035%0D%3Cbr%3E%3Cstrong%3EInvestment%20stage%3A%20%3C%2Fstrong%3ESeries%20A%0D%3Cbr%3E%3Cstrong%3EInvestors%3A%20%3C%2Fstrong%3EVarious%20institutional%20investors%20and%20notable%20angel%20investors%20(500%20MENA%2C%20Shurooq%2C%20Mada%2C%20Seedstar%2C%20Tricap)%3C%2Fp%3E%0A
Tu%20Jhoothi%20Main%20Makkaar%20
%3Cp%3E%3Cstrong%3EDirector%3A%20%3C%2Fstrong%3ELuv%20Ranjan%26nbsp%3B%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EStars%3A%20%3C%2Fstrong%3ERanbir%20Kapoor%2C%20Shraddha%20Kapoor%2C%20Anubhav%20Singh%20Bassi%20and%20Dimple%20Kapadia%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ERating%3A%3C%2Fstrong%3E%203%2F5%3C%2Fp%3E%0A

Motori Profile

Date started: March 2020

Co-founder/CEO: Ahmed Eissa

Based: UAE, Abu Dhabi

Sector: Insurance Sector

Size: 50 full-time employees (Inside and Outside UAE)

Stage: Seed stage and seeking Series A round of financing 

Investors: Safe City Group

COMPANY PROFILE
Name: Kumulus Water
 
Started: 2021
 
Founders: Iheb Triki and Mohamed Ali Abid
 
Based: Tunisia 
 
Sector: Water technology 
 
Number of staff: 22 
 
Investment raised: $4 million 
BMW M5 specs

Engine: 4.4-litre twin-turbo V-8 petrol enging with additional electric motor

Power: 727hp

Torque: 1,000Nm

Transmission: 8-speed auto

Fuel consumption: 10.6L/100km

On sale: Now

Price: From Dh650,000

Results

5pm: Wadi Nagab – Maiden (PA) Dh80,000 (Turf) 1,200m; Winner: Al Falaq, Antonio Fresu (jockey), Ahmed Al Shemaili (trainer)

5.30pm: Wadi Sidr – Handicap (PA) Dh80,000 (T) 1,200m; Winner: AF Majalis, Tadhg O’Shea, Ernst Oertel

6pm: Wathba Stallions Cup – Handicap (PA) Dh70,000 (T) 2,200m; Winner: AF Fakhama, Fernando Jara, Mohamed Daggash

6.30pm: Wadi Shees – Handicap (PA) Dh80,000 (T) 2,200m; Winner: Mutaqadim, Antonio Fresu, Ibrahim Al Hadhrami

7pm: Arabian Triple Crown Round-1 – Listed (PA) Dh230,000 (T) 1,600m; Winner: Bahar Muscat, Antonio Fresu, Ibrahim Al Hadhrami

7.30pm: Wadi Tayyibah – Maiden (TB) Dh80,000 (T) 1,600m; Winner: Poster Paint, Patrick Cosgrave, Bhupat Seemar

Company%20Profile
%3Cp%3E%3Cstrong%3ECompany%20name%3A%3C%2Fstrong%3E%20Cargoz%3Cbr%3E%3Cstrong%3EDate%20started%3A%3C%2Fstrong%3E%20January%202022%3Cbr%3E%3Cstrong%3EFounders%3A%3C%2Fstrong%3E%20Premlal%20Pullisserry%20and%20Lijo%20Antony%3Cbr%3E%3Cstrong%3EBased%3A%3C%2Fstrong%3E%20Dubai%3Cbr%3E%3Cstrong%3ENumber%20of%20staff%3A%3C%2Fstrong%3E%2030%3Cbr%3E%3Cstrong%3EInvestment%20stage%3A%3C%2Fstrong%3E%20Seed%3C%2Fp%3E%0A
MATCH INFO

Uefa Champions League last 16, first leg

Liverpool v Bayern Munich, midnight, Wednesday, BeIN Sports