Dubai residents who miss debt payments should make sure they are out of the country before trying to restructure.
It is one of the enduring images of Dubai. Supercars left behind at the airport to gather dust as high flying expats’ debt suddenly caught up with them in the crash of ’08. Dubai, known for high rolling lifestyle and tax free wages, also has an underdeveloped judicial system, open to legal abuse and manipulation. They treat debt as a criminal, rather than a civil matter and they jail debtors. Indefinitely.
Abandoned Ferrari at Dubai Airport in 2008
Dubai’s economy today is nowhere near the high octane monster of the early 2000s, especially in the fallout of COVID. Professional expats do still sometimes earn high tax free wages, live in luxurious, shiny towers, drive vehicles they only dreamed of before arriving in the desert city, and party like glitterati at weekends. The trouble is that it is fuelled by the murky credit industry. Banks give out loans even today with almost zero checks on applicants’ ability to pay. In fact they push obscenely hard to get as many loans out as possible. Many expats will receive 3 or 4 calls per day pushing credit cards and loans on them. Even strong people cave and take the credit. Their friends drive a Porsche/live in JLT/go to the expensive brunches on the Palm Jumeirah and it is difficult to resist. Others need loans to cover rental properties that may demand a year’s rent in advance, or to pay for hefty private school fees, deposits and bonds. Still others have had little choice when faced with unexpected medical bills.
With Brits, Americans and most Western nations we expect our banks to lend responsibly, and thanks to our credit laws, they do. So when a legal banking or credit institution lends us money, we feel safer to take it. In the UAE, no such protective laws exist. What keeps the banks confident in lending so freely is the fact they can send you to jail for missing payments.
The vast majority of expats take loans in good faith, pay the instalments back, and there is no problem. Sometimes though, circumstances change beyond the debtor’s control. Illness or loss of employment for example. Suddenly the expat can’t pay and, reluctant to face years of Middle Eastern jail, they leave before they are subjected to a travel ban that would result in them being held captive in the country, without the ability to seek employment and on a downward spiral to homelessness.
From the safety of their home country, many people still attempt to negotiate, to find a better repayment structure or some way they can meet their obligations. UAE banks are usually unwilling to negotiate though. They employ unprofessional, aggressive debt collectors to harass debtors and illegally threaten them with Interpol and extradition. The lack of willingness to solve the problem often leaves debtors frustrated, to the point where they give up and ignore the debt altogether.
Recently banks have begun chasing UK debtors when they return home through UK solicitors like Coyle White Devine, with a view to enforced bankruptcy. These have been described as aggressive, ruthless and difficult to negotiate with. Even with reasonable offers based on someone's circumstances, they are vindictively seeking bankruptcy orders.
It is important when returning to the UK, that debtors are aware of their legal position and risks, even if they intend to represent themselves.
Because of the complexity of enforcement procedures the debtor often naively enter agreements that are detrimental. A UK solicitor chasing debts may capitalise on the debtor’s lack of legal knowledge and secure an agreement which legally the debtor need not sign.
Many forums on the internet exist and are full of people giving each other inaccurate information. It is easy to become confused, to the point where debtors are not even sure whether their overseas debt can be locally enforced. International debt enforcement is now relatively easy for the UAE banks. In some instances, where the banks have not been able to establish the whereabouts of the debtor, they have misused Interpol to locate the party, resulting in arrest and extradition to face jail in the UAE.
Radha Stirling, CEO of British based organisation Detained In Dubai says and Managing Partner at legal advisory Stirling & Partners said, “dealing with the situation in advance and preparing for the likelihood of the bank taking such actions can protect the debtor against unnecessary escalation. Employing a professional debt negotiator can ensure the best outcome in most cases. It is also preferable to resolve the issues before the bank employs a local UK lawyer to act for them and before they consider Interpol. This kind of forward planning can leave the debtor in a far better situation and position to resolve their issues as banks are more negotiable before they have taken the above steps.”
Radha Stirling, CEO of Detained in Dubai
Stirling warns about the practicalities of having the debts enforced in the UK. “Often the debtor has been home for several years before UK solicitors are retained. Because the debtor has written off the debt in their mind, they may have assets in their name. A home, a car, maybe a business. With the original debt having been multiplied many times over (due to dubious charges and interest), the debtor suddenly faces becoming a target for bankruptcy proceedings.
“While there has been talk about decriminalising debts in the Middle East, this has not yet happened, except in a limited way for UAE nationals. Although Interpol requested the UAE to stop illegally using Interpol for debt collection and despite UAE media reports that they would stop the abuse in 2017, this has also not happened.”
Stirling added “The following year, 2018 was actually a record year for reported UAE Interpol abuse.”
Detained In Dubai is contactable on:
Email: info@detainedindubai.org
Phone: +442070606900
Whatsapp: +447752639948
Email: info@detainedindubai.org
Phone: +442070606900
Whatsapp: +447752639948