Debt | ExpatWoman.com
 

Debt

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EW NEWBIE
Latest post on 26 October 2011 - 17:59

We had to leave the UAE 3 months ago because my husband was made redundant. He has just secured a new job in AD which is good news but the bad news is we are 3 months in arrears on a loan we had there. we have been emailing the bank to tell them of our situation and saying that as soon as my husband gets a job we will continue paying our loan and they seem to be okay with this. The HUGE worry I have Is that when he arrives at the airport will he be arrested for not paying his loan????

we would love to go back there and obviously continue to pay off our loan but we are very concerned what could happen at the airport.

Your advice is much appreciated xx

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EW NEWBIE
Latest post on 27 October 2011 - 22:25
If you are laid off from work, or resign, and leave the country, or if you miss payments, the bank can terminate the contract (you have breeched the terms), and they can cash the check you signed, demanding the loan payment in full. If you do not have enough money in your account to cover the loan amount in full, the check 'bounces', and a police case can be opened at the bank's discretion. In our case, my husband's employment situation was insecure, so he resigned and left Dubai. When we arrived in our home country, he notified the bank and requested a reduced monthly repayment. They seemed appreciative we had contacted them, and there was mutual agreement on the monthly repayments evidenced in our email correspondence. In regards to checking if there's a police case, I would recommend calling a law firm. They might point you in the right direction. Sorry, I'm being vague. It's intentional.
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EW NEWBIE
Latest post on 27 October 2011 - 22:02
I'd rather not say on EW. We are aware that other banks have similar policies on debt recovery, but I would like to hope they would not stoop to the level of our bank. This time we have minimized our debt exposure. Whatever debt we acquire here, we have cash on hand to pay it out if needs be. I recommend the same. We can afford the Jag and Lexus, but have opted for a humble alternative. I never want to be in that position again.
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EW EXPLORER
Latest post on 27 October 2011 - 22:01
@ Boodles, its all electronic so changing the PP won't make a difference, they will still have a record. @michymat That is terrible! would you mind saying which bank it was? Also how do you pay to check if there is a police case? Was the debt still in arrears but you were paying it off regularly or was it up-to-date and they still opened a case??
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EW EXPERT
Latest post on 27 October 2011 - 21:42
What bank was this MM? Are they all like that?
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EW NEWBIE
Latest post on 27 October 2011 - 21:35
Boy, do I have a cautionary tale for you! This happened to us. We left Dubai with debt. We notified the bank from our home country, and arranged monthly repayments. Every month, we spoke to a bank representative via both phone and email, and asked for confirmation that no case had been filed against us. Each month, their response was the same: “No, the bank is taking no action because regular payments are being made.” When my husband was offered a job in Dubai, he contacted the bank and informed them we would be returning, and wanted to verify there was no case filed or pending. Again, several bank representatives reassured us there was none. Everything seemed ok. A few days before we were to return to Dubai, my husband started to feel uneasy, so he contacted someone who could check if there was a police case for him. A few hours before we were to board the plane we hear back from our guy. Indeed, there was a case filed, and an arrest warrant issued. We contacted the bank angrily, and they were unapologetic about the deceit. After 2 weeks of negotiating (yelling and arguing), we agreed to make a substantial lump sum payment and negotiated an exorbitant repayment plan to be paid over a short period. When we received this written agreement, I flew to Dubai to pay the agreed amount on behalf of my husband, and resolve the warrant. I met some smug bank representatives who I sharply chastised. I was about to hand over the money in exchange for 2 documents (one, was a receipt of payment, and the second was for the police, stating the bank would withdraw legal action) when I noticed there was no signature of authority, and a date error which would make the agreement null and void. It stated to the effect: ‘This agreement will only take effect if the agreed amount of x dirhams is paid by this date [ex March 25'>.’ It was in fact the 26th!! When I pointed out the error, they just looked at me smugly, but complied with my demands to correct it. After I met with the ‘loan sharks’, I handed the documents over to a polite officer at a police station, and the warrant was withdrawn. Points to consider: 1. You have better bargaining power from your home country. If you come to Dubai, they can put your hubby in jail. Logically, you might think it is in the bank’s best interest to not put him in jail, but really they don’t care. Their objective is to get the money back. He is their collateral! The bank knows that under pressure people will raise the money from somewhere. 2. Pay a fee to find out if there is a case filed with the police. 3. Have a repayment plan agreed upon, signed by both parties before you come back. If you need a contract template, I have one.
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EW NEWBIE
Latest post on 27 October 2011 - 19:50
Just an idea, which might work. If your husband applies for a new passport back home-say he lost his old one- then he should get a new one with a new number, so if the bank have put a ban on him, it would be with his old passport and passport number, and id imagine its the passport number that gets flagged when a person re-enters, not their name. Just something to think about. ;) And keep the old passport too, in case he needs to leave a passport at the police station for any reason, he will always have the other one to make a quick getaway if need be. Obviously his residents visa will not be in the new passport, but he can always come in on a holiday visa until he gets sorted. Not sure if his name will show anything on immigrations system though, i cant imagine it would. Everything should be linked to passport numbers. <em>edited by Boodles on 27/10/2011</em>
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EW NEWBIE
Latest post on 27 October 2011 - 09:45
Similar to what Stilladviceseeker said below. You need to keep in contact with the bank and try to clear some of the debt prior to coming here. I had a friend who ran off leaving behind a large debt (350k+) but she kept in touch with the bank as she promised to pay them when she could. She was told that they wouldn't file a case against her but if she reentered the country, they would be informed and they would file immediately. She would then have an arrest warrant out for her and she would be unable to work as her visa would be blocked. The only way she could prevent this was by paying 50% of the remaining debt before coming over. She couldn't do this and decided that the risk was too great and stayed where she was.
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EW EXPLORER
Latest post on 27 October 2011 - 08:35
Thanks everyone. we thought the same about the bank and have decided not to tell them that he is going back so he will get through immigration and therefore will be able to go to the bank in person to sort it all out. They Have replied to our emails and just asked us to keep Them updated on the situation. It's so hard to know what to do. If my DH doesn't take the job we won't be able to pay our debt and obviously if he is put in jail we have definitely no chance of ever paying it. His residence visa is still valid as we always intended to go back. We will ring immigration tomorrow to see if a case has been filed with the police. Do you think we can trust their answer though??? You're much better off contacting the collections department of your bank. Coming in the country and not telling your bank won't mean they don't know to put a ban on you, if they've put a ban the only way to resolve this is to deal with the bank. The bank is the only people who can lift a ban in place. You need to contact them and get a copy of your DH's new contract and Salary Certificate, ask the new company to send those to you. Contact the bank and speak to their lawyer or manager in collections and explain that you will be coming to the UAE for a job, they are only interested in getting their money back, so if they see proof that they can get their money back they will go for that. I have been through this with a very good friend who had 150'000AED of personal Debt, I got a call on a friday with a very teary friend who was detained at the Bur Dubai Hilton, she had missed three payments, had been ignoring bank calls but had still been making regular payments just not enough to make up the arrears and the fees they had whacked on top of the debt were extortionate, anyway she ended up being detained, we managed to get hold of 35k that she owed to get up to date and talked to the lawyer of the bank who told me their main interest is recovering the money, and they want arrears cleared and then payments can continue as normal if she have a job in the UAE. The WORST thing you can do is not be in contact with the bank, they are the only ones with the power to put a ban on and to lift it, if you do happen to get detained the only people who can stop it going into a full blown case is the bank. If you aren't able to pay off the arrears before you get to the UAE, you MUST talk to them and see what they say or it will be guaranteed he'll end up in jail, and without the money to pay back the arrears they wont let him out even though he has a job to start.
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EW NEWBIE
Latest post on 27 October 2011 - 08:32
Could you borrow money where you are now and have it paid off to the UAE bank before you get here? Tricky, I can magine but worth a try if at all possible.
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EW GURU
Latest post on 27 October 2011 - 07:49
If your husband is coming back for a new job, then his new employer should be processing his new visa...if there is a ban in the system, then they would have known by now and subsequently notified you. Otherwise, it sounds like your husband intends to return on a residency visa sponsored by his previous employer - Why haven't they cancelled it yet?
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EW MASTER
Latest post on 27 October 2011 - 06:12
Also, are you sure your DH's residence visa is still valid if he was made redundant? Why did the company not cancel his visa when they laid him off? I don't know if you can (I wouldn't say "trust", more "rely") on the answer you get from immigration but unfortunately, as you know, the answer you get is probably the best you will get. I would call twice though in the hope you speak to different people each time and compare answers - or you call once and your DH call once.
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EW NEWBIE
Latest post on 27 October 2011 - 03:07
Thanks everyone. we thought the same about the bank and have decided not to tell them that he is going back so he will get through immigration and therefore will be able to go to the bank in person to sort it all out. They Have replied to our emails and just asked us to keep Them updated on the situation. It's so hard to know what to do. If my DH doesn't take the job we won't be able to pay our debt and obviously if he is put in jail we have definitely no chance of ever paying it. His residence visa is still valid as we always intended to go back. We will ring immigration tomorrow to see if a case has been filed with the police. Do you think we can trust their answer though???
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EW NEWBIE
Latest post on 26 October 2011 - 22:52
I would be VERY careful. Friends of ours were in a similar situation...they both had jobs here, he lost his job and visa was cancelled so he left to do a visa run but had to be out for 30 days. She was still here working. They were not able to pay their car payment for 2 months but were in contact with the bank via email and he had a final settlement cheque waiting in Dubai for him to cash on his return at which time they were going to pay the car payments arrears (only 5,000AED anyway). The bank NEVER admitted to reporting him for being in arrears, he came back from the visa run and was immediately detained at the airport. They are good friends of ours and I lived the nightmare with them. His OH was in tears and beside herself. He was in detention for nearly a week. They had to get someone else to put up their passport because he didn't have a resident's visa and then the bank gave about 8 days for the amount of the entire outstanding loan to be settled! It was awful. We managed to gather some friends and got together 70,000 to help them out and they had to sell their other car at a huge loss but they needed the cash. It's just awful. Please, please be careful and don't trust the bank. The bank will think that if you left once with debt, you'll do it again so they just want to get you back here so that they can get some money from you or throw you in detention/jail.
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EW EXPERT
Latest post on 26 October 2011 - 21:44
You can actually negotiate with the bank, however do you guys have enough money to pay the 3 months due and the extra fees they charge? I think you will have to pay it and clear the outstanding.
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EW EXPLORER
Latest post on 26 October 2011 - 21:27
oh gosh what a terrible situation My heart goes out to you as I know someone here who's to scared to leave ... same question as SalsB really - did the bank respond ? - if they did I would carry documentation for your arrival JIC .. I believe that you can contact the immigration dept .. move one's blog is quite informative also http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/middle-east-north-africa/united-arab-emirates http://www.moveoneinc.com/blog/relocations/uae-visa-eligibility-depends-on-credit-status/ Expats living in the UAE or considering the move need to keep in mind some of the key features of Emirati visa control, especially in how they differ from typical western practices. One such feature is the direct relation debts and outstanding bank balances will have on immigration status. When obtaining or renewing a UAE Residents Visa, the Dubai General Department for Residency and Foreigners Affairs (DNRD) responsible will cross check the applicant’s records to see if any banks have lodged complaints against them. If a bank customer has outstanding debts, or in some cases even has a bounced check or a declined debit card, the bank may register a complaint with the police. The grant and renewal of a residence visa will be refused in these circumstances, and will only be able to be processed once the debt has been settled and the bank withdraws its complaint. An applicant in default will not be eligible for the grant of any legal document or process, so will also be prohibited from applying for an exit visa. just a bit of info off their post ... really good luck - hope it works out <em>edited by bbcb on 26/10/2011</em>
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EW EXPERT
Latest post on 26 October 2011 - 18:05
Has the bank replied back to your emails???? You need to ask them if a ban has been put in place.
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EW MASTER
Latest post on 26 October 2011 - 18:00
The you need to contact immigration and see if a ban has been put on him and a case filed with the police.
 
 

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