- Legal Articles
- Ask Elhais
July 16, 2017|
Question: I had run up some debts on my credit card and had arranged a settlement with the bank providing the card. My debts amounted to Dh30,000, Dh5,000 of which was interest, but the bank agreed that I could settle the debt by paying Dh25,000. After paying, I went to their office to get my clearance letter. To my surprise, the staff told me that they cannot provide me with a clearance letter unless I paid the "discounted amount", which is basically the interest they agreed to remove. I am stunned and distressed that they lied to me from the beginning of the settlement. I do not want to pay this since this is not what we had agreed before. Will I have the right to get my clearance without paying this "discounted amount" that they are now claiming? What are my legal rights in such a case?
Answer: If the bank confirmed in writing or via email that your full settlement amount would be discounted to Dh30,000 and if you paid off that amount, then the bank's email could be considered as their offer and you paying off the amount could be considered as acceptance. Therefore, you would have the right to file a commercial case against the bank to enforce this agreement and enforce them to provide you with the clearance letter. Article 243 of UAE Federal Civil Law 5 of 1985 states the following: 1 Unless the law provides otherwise, the contract's provisions apply on the object of the contract and its consideration immediately upon its formation without making them dependant on payment or anything else. 2 As regards the contract's rights (obligations), each of the contracting parties shall fulfill what the contract has bound him to do. Also, the bank does not have the right to amend what was agreed upon without your consent or a court order, in accordance with Article 267 of Law 5 of 1985, which states that "if a contract is valid and binding, none of the contracting parties may revoke, modify or rescind it except by mutual consent, order of the court or a law provision".
Your email address will not be published. Required fields are marked *
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.