My son had 7 credit cards in Dubai and when I came to know of this I paid whole amt. (approx.8 lakhs) in Indian currency in May 2015.Even after our insisting they didnt give settlement/clearance letter. My son lost his job and came back in 2016 but is likely to go back to Dubai soon. Still banks are harassing us with abuses and threatening abt. legal cases. pl. advise as to what legal recourse Banks may take against us and what we shd. do?
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1) payment should have been made only if bank issued no due certificate
2) ask banks to furnish detailed statement of account as to balance amount due and payable
3) your son should not go to Dubai pending resolution of the dispute
4) if any amount is due and payable bank can take recovery proceedings against your son in Dubai
what will be done in recovery proceedings please?
bank will obtain decree against your son for outstanding dues
2) if any blank cheques were issued by your son bank can fill in the amounts , present the cheque for payment and on dishonour file criminal case against your son for dishonour of cheque
3) your son can be convicted and sentenced to imprisonment
1. It is not clear as to when you have cleared all the debts of your son at Dubai, why and how the said Banks at Dubai are harassing you and if you have cleared the entire outstanding amount why the banks have not issued No-Due certificate to your son.
2. However, you can collect the statements of accounts of all the Banks where your son had credit card outstanding to ascertain how all those Banks are still claiming payment when you have already cleared their dues.
3. If there are genuine outstanding lying in the credit card accounts of your son at Dubai, they can initiate recovery proceedings in India by filing a recovery suit.
4. If your son further visits Dubai, they may prosecute him as per law of Dubai for not clearing his outstanding dues which he shall have to contest fittingly.
1. In recovery proceedings, recovery suit will be filed and the Court may attach your son's properties for seeling and realising the outstanding amount.
2. However, your son will get the chance to contest the said cases.
3. Meantime, your son can negotiate with those banks for mutually settling those loan accounts at lower amounts than what are being shown as outstanding in records.
The Dubai banks cannot initiate legal process for recovery of credit card amounts for the cards based out of their country.
The may engage the services of some recovery agents (hooligans), if those agents commit any excess, you may lodge criminal complaint agaisnt them.
what will be done in recovery proceedings please?
The legal recovery proceedings means to file a suit before court for recovery, but whether they will be eligible to file a recovery suit in India when the cause of action took place in Dubai?
1. Since the banks are abusing and threatening you the remedies of your son are under UAE law. He can lodge a complaint against them under the law of UAE.
2. No recovery proceeding can be undertaken in India if the entire amount has been paid with interest.
