I have filed a case in the Dubai Court against a bank regarding credit card due to high interest rates, unncessary fees and charges which results in high outs balance of dh 90,000. Im a cardholder since 2011 and has been diligently paying till Dec 2017. But from Aug 2017 till Dec 2017 i have some delays due to shortage of funds and my income cannot accommodate anymore minimum due monthly of around Dh5,000., thats why im resorting to borrowing of money from relatives and friends till they get exhausted. And since the delay of payment from Aug 2017 Iiam receiving all sorts of verbal threats from phone from collectors such as i will go in prison if not paid, travel ban, presenting sec chq , filing of civil and criminal case, etc. along with constant emails. and threatening me i will lose my job as well and sending email to my HR. On March 15, they had actually sent an email to GROUP HR not only HR of my company complaining about my credit card and facing legal consequence. Due to this, I was relieved of my present duty on the same day and got suspended for one month as evidenced by HR Letter duly signed dated 15 March 2018. This has affected me morally, physically and financially. And moreover, my work performance as well. As I am now becomes floating (no specific duty) sitting in Head Office and management will give final decision on my employment till I resolve my case in court
Due to fears of losing my job and going to jail. and all those threats , i signed a settlement agreement like easy payment plan for 4 yrs with fixed monthly payment of around DH 2,500. Since i cannot really afford the monthly installments and fears of losing my job and to stop verbal threats, I thought of filing a case against FGB due to unrealistic fees and charges imposed on my credit card which makes my outstanding balance very high as of Dec 2017 which amounts to DH 88,685.38. Though I have been paying regularly my card since 2011 till Dec 2017 with some delays from Aug 2017.
Due to non payment for two consecutive months, Jan and Feb 2018, they cancelled my agreement automatically on March 2018 as reflected in my March Bank Statement total amount due is AED 91,738.27. The cancellation of settlement is also reflected in their email Subject: Facility Recall Notice dated 21 February 2018
Whilst I am in process of filing a case, I am receiving non-stop legal notices from my email from Bank Collections Dept and Legal Dept and Law Firm with phrases containing blacklisting of my passport in UAE and GCC, filing a criminal case,Central Bank Blacklisting and travel ban dated Feb 15,21,22 , 2018 and March 5,11,14,22,25, 2018. And calls received from collector, Nazeema Hussain saying she will inform my HR to hold my salary which I remember very well on March 24, 2018. Secondly, a collector named Waqas visited my office on March 12, 2018 trying to collect payment and disturbing me in my work, wants to talk to my manager since he is not leaving the office while calling me constantly which caused embarrassment in front of my colleagues. I have keep sms messages in my mobile related to this as evidence.
I filed a case basically asking for fair calculation of my total payments against my total usage and return to me any excess amount plus the total court fees and expert fees paid in this regard. Additionally, I am asking for compensation of any damage done to me such as unrealistic fees and charges imposed on my credit card acct and hampering my job due to email sent to my HR reason of my suspension, visit to my office causing disturbance and verbal threats of collector saying they will call my manager and HR to hold my salary and going to jail. Additionally, to return to me the two blank cheques they asked me to sign and provide me a clearance letter thereafter.
My questions are:
Will the expert computes /calculates my total payments agaisnt total usage using bank interest rate of 3.9% per month or he has to follow Central Bank rule which is not more than 1.5% per month. The expert is trying to say i have signed a contract with 3.9% but i cant remember very well since that was 2011. Maybe the agent told me to sign, but isn’t it you must sign beside the interest rate. Granted i sign, but he must follow only what the Central Bank mandates? Am i correct?
Will he consider the settlement that i signed although the said settlement is already cancelled by bank since March 2018 due to non paymemt of 2 months. And the card now becomes a normal regular credit card
Will the court accepts my reason for signing the settlement and will the court compensates me for all the damages done related to my suspension?
I really need your legal advise since i dont have the capacity to pay lawyer now since i have sold my car already to pay the expert and i stil owe my friend for 12,000 dirhams for court fees
I hope I have said everything to the best of my knowledge and capacity