The National - News

How can I check that my bank is not overchargi­ng me interest on mortgage?

- Our legal expert is Hassan Mohsen Elhais, of Al Rowaad Advocates and Legal Consultant­s.

Q 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? A

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 judgment 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.

If you have a question for our legal consultant, email media@ profession­allawyer.me with the subject line ‘Know The Law’.

The advice provided in our columns does not constitute legal advice and is provided for informatio­n only. Readers are encouraged to seek appropriat­e independen­t legal advice.

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