A reader asks about what he can do when he suspects he is being charged too much interest on a mortgage, while another inquires about punishment for breaching bail conditions.
UAE legal Q&As: I fear my bank is overcharging me interest on mortgage
I have a mortgage and I’ve paid a lot of money to the bank I hold the mortgage with. When I requested a statement for the account, I found that the outstanding amount was beyond my expectations. I now suspect that the bank is not calculating the interest fairly. What can I do?
You have the right to file an expert case with the courts and this would mean that a civil servant with knowledge of the particular area would investigate and calculate the correct interest amount due. As detailed in article 69 of the UAE Law of Evidence, “the court may delegate one or more experts from the State civil servants, or from the experts registered in the schedule of experts, to have their opinion on matters required for deciding the case, when required”. After the expert submits their report, if they find that you owe less than you’re being charged, you could sue the bank to refund the extra amount you paid. Also, if the expert finds that you owe an amount less than what the bank is claiming, you have the right to request that the court asks the bank to declare that you do not owe more than this amount.
What would happen if someone breaches bail conditions or the financial guarantee in a criminal investigation?
Should the accused, without satisfactory reason, fail to fulfil a condition, the money put up as bail becomes the property of the government, without the need for a court judgement to be made to ensure this. The bail amount is returned if the accused is found to be innocent but, ultimately, the court has the right to decide whether the whole amount is refunded, part of it or none of it, according to article 114 of the UAE Criminal Procedures Law.
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