Steven Castelluccia / The National
Steven Castelluccia / The National
Steven Castelluccia / The National
Steven Castelluccia / The National

The Debt Panel: 'My bank's error meant I couldn't pay off 50% of my mortgage to apply for a property visa. What can I do?'


Felicity Glover
  • English
  • Arabic

In 2018, I employed a mortgage consultancy to help me secure a Dh1.2 million home loan with a bank in the UAE that has since merged with another lender. The fixed-interest mortgage was approved with a monthly instalment of Dh7,436 for the first 24 months.

I set up a direct-debit payment system with my other bank and transferred the home loan repayments every month to the lender that held my mortgage.

In July 2020, I contacted the bank to pay off 50 per cent of the mortgage as I planned to apply for the UAE’s three-year property residence visa. At the same time, the account that I was using to transfer the mortgage payments had a total of Dh492,723.62 in it.

When I contacted the bank to organise early payment of the mortgage, it turned out that they did not have my correct contact details – despite them being on the original mortgage application form. I don’t know who they had been contacting since the mortgage was approved in 2018 and I am concerned there may have been a data breach. There was a lot of back and forth between myself and the bank regarding the issue and it appears that somebody at the bank input the incorrect email address and mobile phone number in my account.

By this time, four months had passed. The confusion regarding my mortgage and personal details had escalated and the issue was not resolved. And because I was unable to pay off 50 per cent of my mortgage and apply for the property visa, my other bank that was transferring the mortgage payments froze my account as I couldn’t give them my new visa and Emirates ID.

The mortgage payments stopped and I think I may have missed this month’s payment, but have been unable to check. When I made a complaint to the Central Bank of the UAE regarding this, the bank that has my mortgage informed them that my account was dormant, rather than being frozen. I believe there is a big difference between the two classifications.

More than 237 days have passed since the issue began, and I still don't have a resolution to my problem. I am stuck in the UK because of the Covid-19 travel restrictions and can't physically go to a branch to sort it out. I have hit a brick wall and don't know how I can make the bank understand that it has my incorrect details through no fault of my own, which has had a domino effect on my visa plans. Can you advise me on what to do about this? Can I take legal action against the bank? JC, UK

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

This is an understandably difficult and frustrating position to be in and we are sorry to hear that you were unable to apply for the property visa due to this inconvenience.

It is the bank’s responsibility to ensure that their customers’ profiles are accurate and up to date, especially if you have provided them with the correct information from the beginning. It is also imperative that they ensure there are no data breaches or fraudulent activities that will compromise the privacy of their customers.

We highly recommend that you contact both the bank where your direct debit is set up and your lender bank and escalate this matter immediately to the highest relevant representatives, emphasising the inconvenience that this has caused you by not being able to apply for the property visa.

Ensure that they are aware of your problem and provide them with a record of all your correspondence with both banks and a copy of your mortgage application form. Maintaining a transparent relationship with your banks is crucial at this stage to guarantee that your rights are upheld.

You need to check whether the lender has received your most recent payments to ensure you haven't defaulted on your mortgage, which could result in penalties and fees

Banks are required to enforce an independent and fair complaint resolution mechanism to help address consumer complaints, and it is the bank’s responsibility to try to resolve their customers’ complaints within a reasonable time period.

You should raise your concern on a possible data breach as you were not contacted since the inception of mortgage and clarify that your account had been frozen and not inactive. If your bank does not offer you a valid response within 30 days of receipt, you are entitled to escalate this matter to the Consumer Protection Department of the Central Bank of the UAE. You will need to provide your complaint reference number, along with proof of your efforts to contact the bank.

If the matter is still unresolved and there is a dispute regarding an obligation under a bank agreement, you will need to seek legal advice and, if necessary, you can file the dispute with the courts for resolution.

Debt panellist 2: Stuart Ritchie, director of wealth advice at AES

It may be worth getting in touch with the mortgage consultancy that you used to secure your home loan to check what details they have for you and if the incorrect data was given to the bank. Given you are unable to travel, it may be easier for the consultancy to act on your behalf and explain the situation with the bank. Their knowledge of suitable contacts at the bank should make the situation easier to resolve.

If you have proof that your details were correctly provided on the original application, you may have grounds to raise a formal complaint with the bank. Check any copies you have of the application, or request these from the bank which should have it on file.

You need to check whether the lender has received your most recent payments to ensure you haven’t defaulted on your mortgage, which could result in penalties and fees. While the situation is ongoing, you could request a payment holiday from your lender for a short period until it is resolved. Interest will still accrue during the payment holiday, which will increase the total cost of borrowing, and the term of your loan will be extended.

Debt panellist 3: Ambareen Musa, founder and chief executive of Souqalmal.com

You are correct in guessing that a dormant account is not the same as one that's been frozen. An account is labelled dormant if it has been inactive for more than three years. On the other hand, an account is frozen by a bank when a customer's final salary and end-of-service benefits are credited to the account and they also have an active debt with the same bank.

Bank accounts can also be frozen if a customer fails to update their documents, such as their latest Emirates ID, passport, visa and proof of address. In this case, the bank can restrict or discontinue all services provided to the customer.

The concept of dormancy is typically applicable to bank accounts, but you mention here that your mortgage lender was the one that had your incorrect contact details.

This situation seems like the end result of miscommunication and possibly mismanagement of data as a result of the merger, and the back and forth without resolution hasn't helped either. The fact that you're stuck overseas also doesn't help matters.

Since you're having trouble negotiating with the bank from overseas, you could look into hiring a legal representative who can negotiate with the bank on your behalf. If you have friends and family based in Dubai, you could ask them for recommendations to figure out who to work with. Another option is to get in touch with the British Embassy in the UAE to see if they can get you access to pro-bono legal advice before you pursue the legal route.

A legal expert can help you regain access to the funds frozen in your bank account. Because your existing visa has now expired, you may have to convert your resident-status account to a non-resident status account.

You should also get a copy of your credit report to see what's been going on with your mortgage and bank account, which may be tricky to do as your Emirates ID has expired. Again, that's something a legal representative could help you with.

It may be best to handle the issue of the incorrect personal details with your mortgage lender before you proceed with transferring the funds towards partial settlement of the loan.

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

At a glance

Global events: Much of the UK’s economic woes were blamed on “increased global uncertainty”, which can be interpreted as the economic impact of the Ukraine war and the uncertainty over Donald Trump’s tariffs.

 

Growth forecasts: Cut for 2025 from 2 per cent to 1 per cent. The OBR watchdog also estimated inflation will average 3.2 per cent this year

 

Welfare: Universal credit health element cut by 50 per cent and frozen for new claimants, building on cuts to the disability and incapacity bill set out earlier this month

 

Spending cuts: Overall day-to day-spending across government cut by £6.1bn in 2029-30 

 

Tax evasion: Steps to crack down on tax evasion to raise “£6.5bn per year” for the public purse

 

Defence: New high-tech weaponry, upgrading HM Naval Base in Portsmouth

 

Housing: Housebuilding to reach its highest in 40 years, with planning reforms helping generate an extra £3.4bn for public finances

Key facilities
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  • Premier League-standard football pitch
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  • Spaces for historical and cultural exploration
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  • Specialist robotics and science laboratories
  • AR and VR-enabled learning centres
  • Disruption Lab and Research Centre for developing entrepreneurial skills
Tearful appearance

Chancellor Rachel Reeves set markets on edge as she appeared visibly distraught in parliament on Wednesday. 

Legislative setbacks for the government have blown a new hole in the budgetary calculations at a time when the deficit is stubbornly large and the economy is struggling to grow. 

She appeared with Keir Starmer on Thursday and the pair embraced, but he had failed to give her his backing as she cried a day earlier.

A spokesman said her upset demeanour was due to a personal matter.

Analysis

Members of Syria's Alawite minority community face threat in their heartland after one of the deadliest days in country’s recent history. Read more

UAE currency: the story behind the money in your pockets
MATCH INFO

Champions League quarter-final, first leg

Ajax v Juventus, Wednesday, 11pm (UAE)

Match on BeIN Sports

The smuggler

Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple. 
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.

Khouli conviction

Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.

For sale

A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.

- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico

- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000

- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950

Results:

CSIL 2-star 145cm One Round with Jump-Off

1.           Alice Debany Clero (USA) on Amareusa S 38.83 seconds

2.           Anikka Sande (NOR) For Cash 2 39.09

3.           Georgia Tame (GBR) Cash Up 39.42

4.           Nadia Taryam (UAE) Askaria 3 39.63

5.           Miriam Schneider (GER) Fidelius G 47.74

Results

6.30pm: Maiden Dh165,000 (Dirt) 1,400m. Winner: Rio Angie, Pat Dobbs (jockey), Doug Watson (trainer).

7.05pm: Handicap Dh170,000 (D) 1,600m. Winner: Trenchard, Pat Dobbs, Doug Watson.

7.40pm: Maiden Dh165,000 (D) 1,600m. Winner: Mulfit, Pat Dobbs, Doug Watson.

8.15pm: Handicap Dh210,000 (D) 1,200m. Winner: Waady, Dane O’Neill, Doug Watson.

8.50pm: Handicap Dh210,000 (D) 2,000m. Winner: Tried And True, Pat Dobbs, Doug Watson.

9.25pm:Handicap Dh185,000 (D) 1,400m. Winner: Midnight Sands, Pat Dobbs, Doug Watson.

Volvo ES90 Specs

Engine: Electric single motor (96kW), twin motor (106kW) and twin motor performance (106kW)

Power: 333hp, 449hp, 680hp

Torque: 480Nm, 670Nm, 870Nm

On sale: Later in 2025 or early 2026, depending on region

Price: Exact regional pricing TBA

UAE currency: the story behind the money in your pockets
MATCH INFO

Rugby World Cup (all times UAE)

Third-place play-off: New Zealand v Wales, Friday, 1pm

Final: England v South Africa, Saturday, 1pm

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
UAE currency: the story behind the money in your pockets
The Bio

Favourite Emirati dish: I have so many because it has a lot of herbs and vegetables. Harees  (oats with chicken) is one of them

Favourite place to go to: Dubai Mall because it has lots of sports shops.

Her motivation: My performance because I know that whatever I do, if I put the effort in, I’ll get results

During her free time: I like to drink coffee - a latte no sugar and no flavours. I do not like cold drinks

Pet peeve: That with every meal they give you a fries and Pepsi. That is so unhealthy

Advice to anyone who wants to be an ironman: Go for the goal. If you are consistent, you will get there. With the first one, it might not be what they want but they should start and just do it

Results

57kg quarter-finals

Zakaria Eljamari (UAE) beat Hamed Al Matari (YEM) by points 3-0.

60kg quarter-finals

Ibrahim Bilal (UAE) beat Hyan Aljmyah (SYR) RSC round 2.

63.5kg quarter-finals

Nouredine Samir (UAE) beat Shamlan A Othman (KUW) by points 3-0.

67kg quarter-finals

Mohammed Mardi (UAE) beat Ahmad Ondash (LBN) by points 2-1.

71kg quarter-finals

Ahmad Bahman (UAE) defeated Lalthasanga Lelhchhun (IND) by points 3-0.

Amine El Moatassime (UAE) beat Seyed Kaveh Safakhaneh (IRI) by points 3-0.

81kg quarter-finals

Ilyass Habibali (UAE) beat Ahmad Hilal (PLE) by points 3-0

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The specs
 
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Power: 398hp from 5,250rpm
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Transmission: Eight-speed auto
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On sale: December
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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
FFP EXPLAINED

What is Financial Fair Play?
Introduced in 2011 by Uefa, European football’s governing body, it demands that clubs live within their means. Chiefly, spend within their income and not make substantial losses.

What the rules dictate? 
The second phase of its implementation limits losses to €30 million (Dh136m) over three seasons. Extra expenditure is permitted for investment in sustainable areas (youth academies, stadium development, etc). Money provided by owners is not viewed as income. Revenue from “related parties” to those owners is assessed by Uefa's “financial control body” to be sure it is a fair value, or in line with market prices.

What are the penalties? 
There are a number of punishments, including fines, a loss of prize money or having to reduce squad size for European competition – as happened to PSG in 2014. There is even the threat of a competition ban, which could in theory lead to PSG’s suspension from the Uefa Champions League.

The White Lotus: Season three

Creator: Mike White

Starring: Walton Goggins, Jason Isaacs, Natasha Rothwell

Rating: 4.5/5

Our family matters legal consultant

Name: Hassan Mohsen Elhais

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

Hydrogen: Market potential

Hydrogen has an estimated $11 trillion market potential, according to Bank of America Securities and is expected to generate $2.5tn in direct revenues and $11tn of indirect infrastructure by 2050 as its production increases six-fold.

"We believe we are reaching the point of harnessing the element that comprises 90 per cent of the universe, effectively and economically,” the bank said in a recent report.

Falling costs of renewable energy and electrolysers used in green hydrogen production is one of the main catalysts for the increasingly bullish sentiment over the element.

The cost of electrolysers used in green hydrogen production has halved over the last five years and will fall to 60 to 90 per cent by the end of the decade, acceding to Haim Israel, equity strategist at Merrill Lynch. A global focus on decarbonisation and sustainability is also a big driver in its development.

The%20specs
%3Cp%3E%3Cstrong%3EEngine%3A%3C%2Fstrong%3E%204.0-litre%20twin-turbo%20V8%3Cbr%3E%3Cstrong%3EPower%3A%20%3C%2Fstrong%3E680hp%20at%206%2C000rpm%3Cbr%3E%3Cstrong%3ETorque%3A%20%3C%2Fstrong%3E800Nm%20at%202%2C750-6%2C000rpm%3Cbr%3E%3Cstrong%3ETransmission%3A%20%3C%2Fstrong%3ERear-mounted%20eight-speed%20auto%3Cbr%3E%3Cstrong%3EFuel%20consumption%3A%20%3C%2Fstrong%3E13.6L%2F100km%3Cbr%3E%3Cstrong%3EOn%20sale%3A%3C%2Fstrong%3E%20Orderbook%20open%3B%20deliveries%20start%20end%20of%20year%3Cbr%3E%3Cstrong%3EPrice%3A%20%3C%2Fstrong%3EFrom%20Dh970%2C000%3C%2Fp%3E%0A
Infiniti QX80 specs

Engine: twin-turbocharged 3.5-liter V6

Power: 450hp

Torque: 700Nm

Price: From Dh450,000, Autograph model from Dh510,000

Available: Now