إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi,I have taken a loan from CBI last 2016 while I...
Hi,I have taken a loan from CBI last 2016 while I was working with BinHendi Enterprises. Due to delays in salary with BinHendi Enterprises there are time that CBI will take 2-3 installment once my salary is credited to their bank.I requested the company that until they couldn't get my salary regularize I want my salary to be paid in different bank which they agreed then I pay my loan installment through machine, manual bank transfer or over the counter. But due to delay in salary it is irregular pyment (1-2months delay).I left BinHendi Enterprises and got my final settlement transferred in installment to other bank account as I got opportunity to work with Landmark Group while I continue paying my loan in CBI loan installment through machine, manual bank transfer or over the counter as I decided to transfer my salary from Landmark through my other bank account.Unfortunately, after completion of months, my employment was not confirmed with Landmark (apparently they asked me to resigned instead to exit smoothly and for them to keep my visa until I needed to, which is actually in my favor especially I am the sponsor for my 2 kids.) and was out of job for 10 months (June 2018-April 2019). Here I start facing heavy financial difficulty and face legal consequences (police case) initially but withdrawn by CBI before it reaches the court upon my request and brought a guarantor specifying that I'll be paying the loan and I'm not running away from my obligation (the guarantor provided security cheque and other required documents but not the STL to transfer/continue paying my loan. I'm still paying my loan but there will be 1-2 months left pending as always, since I have 2 kids here under my sponsorship (1 is going to school) and I need to prioritized their need more than other. My husband salary being Sales doesn't suffice to our day to day needs what more to paying the loan which is (Dhs 6,200/monthly & 2 credit card).From May 12, I started a new job but with 25% lower than my last salary and I have approached CBI as soon as my new visa got stamped on my passport and asked for a restructure since I really wanted to pay my loan but not to extent of paying Dhs. 6,200+ credit card bill. I have requested for at least Dhs. 3-4000 monthly for my combined loan and credit card bill.Apparently, they are rejecting my request, since I have not transferred my final settlement and not transfer my salary when I change my employer from BinHendi to Landmark. Can you please advice what should I do? I cannot pay Dhs. 6200 + credit card bill on a monthly basis and I want a restructured payment.Note: As per CBI confirmation I have Dhs. 95,000 pending balance for my loan & credit card.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
UAE
Lawyer's Assistant: Has anything been filed or reported?
Nothing
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I mentioned full details above
إطرح سؤالك
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that you the second manager is not responsible too as the responsible person is the one who signed the cheque, as the below article states:
Article (401)
Detention or a fine shall be imposed upon anyone who, in bad faith, gives a draft (cheque) without a sufficient and drawable balance or who, after giving a cheque, withdraws all or part of the balance, making the balance insufficient for settlement of the cheque, or if he orders a drawee not to cash a cheque or makes or signs the cheque in a manner that prevents it from being cashed. The same penalty shall apply to any one who endorses a cheque in favor of another or gives him a bearer draft, knowing that there is no sufficient balance to honor the cheque or that it is not drawable. Note that the penalty will be prison for a year.
With attention to the entry into force of the penal order is the replacement of the punishment of imprisonment with a financial fine here the law gave the right to the creditor or the complainant to establish a civil suit and claim the value of indebtedness through a civil lawsuit and does not mean payment of the fine end of the case but the purpose of payment is to exempt you from imprisonment In case the bank has set up a lawsuit, you must apply for installment payments for the accumulated amounts and lose your personal abilities and to pay them in monthly installments. Therefore, in the event of a lawsuit before the court, you can apply for installment payments and payments according to your financial ability to avoid imprisonment.
There is no relation between the bank approval for the installments and the residence. In other words, if the bank refused the settlement with you then you have to wait till the bank filed a case against you then you can apply for installment in the court. These procedures shall be done by a lawyer as you are overstayed and you may be arrested.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
We are delighted to answer your question, worth to mention that you can also consult our experts on Jawabkom, as Doctors, Nutritionists, Engineers, and the list never ends
Kind Regards,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that you the second manager is not responsible too as the responsible person is the one who signed the cheque, as the below article states:
Article (401)
Detention or a fine shall be imposed upon anyone who, in bad faith, gives a draft (cheque) without a sufficient and drawable balance or who, after giving a cheque, withdraws all or part of the balance, making the balance insufficient for settlement of the cheque, or if he orders a drawee not to cash a cheque or makes or signs the cheque in a manner that prevents it from being cashed. The same penalty shall apply to any one who endorses a cheque in favor of another or gives him a bearer draft, knowing that there is no sufficient balance to honor the cheque or that it is not drawable. Note that the penalty will be prison for a year.
With attention to the entry into force of the penal order is the replacement of the punishment of imprisonment with a financial fine here the law gave the right to the creditor or the complainant to establish a civil suit and claim the value of indebtedness through a civil lawsuit and does not mean payment of the fine end of the case but the purpose of payment is to exempt you from imprisonment In case the bank has set up a lawsuit, you must apply for installment payments for the accumulated amounts and lose your personal abilities and to pay them in monthly installments. Therefore, in the event of a lawsuit before the court, you can apply for installment payments and payments according to your financial ability to avoid imprisonment.
There is no relation between the bank approval for the installments and the residence. In other words, if the bank refused the settlement with you then you have to wait till the bank filed a case against you then you can apply for installment in the court. These procedures shall be done by a lawyer as you are overstayed and you may be arrested.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
We are delighted to answer your question, worth to mention that you can also consult our experts on Jawabkom, as Doctors, Nutritionists, Engineers, and the list never ends
Kind Regards,
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
- 100% ضمان الرضا
- انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود
