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Old 06-08-2018, 06:16 AM   #1
@confusedofw
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Default COMMERCIAL CASE AGAINST BANK REGARDING CREDIT CARD

i have filed a commercial case against bank and its now in the hands of an expert ..But before filing a case, I have signed a settlement agreement with bank for 4 yrs to pay at fixed rate at .75% per month. I have no option that time since i am being harrassed by collectors and receiving threats one is im going to lose my job, and non stop calls. so in order to stop that i signed the settlement even though i dont gave the capacity to pay since my total liabilities is more than my salary
Now, the bank has given the expert the settlement agreement which i signed . and the expert is asking me why i signed the agreement before filing a case. and why i did not pay. i told him same. what i want him to check is whether the outstanding balance of card is accurate because of unrealistic fees and charges
KINDLY ADVISE WHAT IS THE BEST EXPLANATION I CAN GIVE TO EXPERT SO HE WOULD BE CONVINCED I REALLY DID NOT INTEND TO SIGN THE SETTLEMENT AGREEMENT
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Old 06-08-2018, 09:29 AM   #2
Xenoneo
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Default Re: COMMERCIAL CASE AGAINST BANK REGARDING CREDIT CARD

I'm not sure about the UAE, but I can elaborate on how we do it in the U.S. for Americans with similar questions.

Generally in the States, if you're saying that the debt collector "harassed" or "threatened" you (especially by threatening to garnish your wages or saying that you'd lose your job), then they clearly violated the Fair Debt Collection Practices Act 15 U.S. Code ยง 1692, et seq., which might require you to claim that you made the arrangement or settlement while under duress from agents of the 'Bank' or whoever your creditor is. You could simultaneously file a complaint for that violation with the FTC (Fed Trade Commission) while bringing it up to the Court you filed a complaint against the Bank in, if you wish. Eventually, even if you must keep the arrangement, depending on your state laws specifically surrounding debtor contract enforcement by the judiciary, a Court is more than likely to work with you on reducing any order for garnishment or writ of execution to something that you could reasonably afford based on your (and any of your dependents) expenses per pay period. I hope you find help. Remember keep your questions as general as possible, don't get too specific with the details.

Also, you've posted about this on sooooo many threads, I'd figure you'd have found something by now, though.
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Old 06-08-2018, 09:41 AM   #3
Lexus
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Default Re: COMMERCIAL CASE AGAINST BANK REGARDING CREDIT CARD

In this case you can allege that the settlement was as a result of duress. You can bring evidence of constant collection calls and threats made by the bank in order to reach a settlement. If you can prove duress, that will invalidate the settlement agreement reached without your will.
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Old 06-08-2018, 11:53 AM   #4
@confusedofw
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Default Re: COMMERCIAL CASE AGAINST BANK REGARDING CREDIT CARD

this is the scenario:

Since i cannot really afford to pay 5,000 dirhams every month as minimum amt due, i have delays in payments before i signed the settlement agreement, and collection dept started calling me several times in a day and sending me emails. My service provider for my mobile confirmed that the phone conversation is not recorded and they cannot produce anyway. So i cannot produce such evidence.

After the settlement only signed Dec 2017 , which payments i cant really afford, I begin on thinking of filing a case, and i gather my thoughts and documents to submit to court. What i did i keep on promising them for payment. Before my case finally got registered on march, the collector visited me in my office and forcing me to pay. After i registered the case, the bank has sent an email to my HR Dept, the reason i was relieved from my present duty and got suspended for a month because of the bank complaint. i was affected morally, emotionally and financially and my health got affected because
of suspension. Till now i am not back from my original duty
but only sitting in Head Office, and management is waiting for the outcome of case as well before they will make the final decision regarding my employment

Therefore, the only evidence i can submit to the expert is the email of the bank to my HR complaining about my non payment and me facing legal consequence if not paid and my suspension letter from my HR..

Will the court/expert accept this as proof of threat though the date of email is done after i signed the settlement

kindly advise. im so confused. i received so many verbal threats but i am unable to produce as per my mobile network

Thank you for your assistance
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Old 06-08-2018, 11:37 PM   #5
@confusedofw
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Default Re: COMMERCIAL CASE AGAINST BANK REGARDING CREDIT CARD

waiting for your kind reply. thanks
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