The Ras Al Khaimah Court rejected the appeal that the loan contract was forged

Obliging a “Gulf” customer to return two million dirhams to a bank

The "court" obligated the plaintiff to pay fees, expenses and attorneys' fees.

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A civil commercial court in Ras Al Khaimah ruled to oblige a (Gulf) client to pay a bank of two million and 18 thousand dirhams, and a late interest in paying the debt at a rate of 8.25% from the date of filing the case until complete payment, and obligated him to pay fees, expenses and attorney fees.

In detail, the plaintiff filed a lawsuit before a civil commercial court, in which he stated that he obtained a personal loan from a bank of one million and 500 thousand dirhams, in monthly installments of 12 thousand and 455 dirhams, to be deducted from his account, pointing out that he had been in payment for three years, and he was surprised When taking a debt certificate from the bank that the balance of his debt account is not decreased, but rather increased until it reached one million and 969 thousand dirhams.

He explained that he asked the bank to deliver to him a new account statement or a certificate of the value of the deducted installments from the loan account and the interest calculated, but his request was rejected without justification, which made him file a lawsuit before the court with the request of a banking expert.

For his part, the bank’s agent stated that the banking facilities that the customer obtained amounted to one million and 939 thousand dirhams, not one million and 500 thousand dirhams, according to what was established in the facilities contract, and that he violated the contract and stopped paying installments for 13 months, which led to the monitoring of his debt amounting to two million And 546 thousand and 61 dirhams, and requested to compel the plaintiff to pay fees and attorney fees.

The banking expert’s report stated that the client had obtained a loan of one million and 939 thousand dirhams to repay another old loan of one million and 585 thousand dirhams, and that he had not committed to paying the installments from December 2017 until last August, and that what he paid during that period amounted to 287 thousand and 455 dirhams. While the total installments owed by him during that period are 398 thousand dirhams, and for his part, the customer appealed for falsifying the loan contract between him and the bank, and objected to the banking expert's report.

The verdict stated that the banking expert has completed the completion of the commission and deposited his experience report in accordance with what is required of him without any shortage or ambiguity, and he must be judged by the end of the case filed by the plaintiff regarding the banking expert’s report.

She indicated that she concluded the bank’s right to collect two million and 18 thousand dirhams from the customer, following up that it was found that there is an agreement between the parties to the loan contract on the late interest rate of 8.25%, and that if the contract includes an agreement on the interest rate and the debtor’s delayed payment, the late interest is calculated on the basis of The price agreed upon until the date of payment, and accordingly the court decided to reject the appeal by falsifying the personal loan contract, and with the end of the lawsuit and obligating the applicant to pay fees and expenses, and obligated the plaintiff to pay fees, expenses and attorneys' fees.

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