Most personal loan agreements in the UAE include a clause allowing banks to claim a client’s end-of-service gratuity to recover outstanding debts.

Question: I have fallen on hard times and am struggling to repay outstanding credit card bills and personal loans. Could you explain in detail the legal consequences of defaulting on these debts? Can a bank use my end-of-service gratuity to recover the amount owed?

Answer: Pursuant to your queries, it is assumed that you have availed a personal loan from a lender in the UAE. Therefore, the provisions of the Personal Loan Agreements Formats Approved by Central Bank of UAE are applicable.

In the UAE, a personal loan provided by a lender to a borrower may fall under the provisions of Notice No. 3692/2012 of Central Bank of the UAE pertaining to General Terms & Conditions and Loan Agreements texts drafted and approved by Emirates Bank Association (the ‘Personal Loan Agreements Formats Approved by the Central Bank of UAE’). When a personal loan is granted to a borrower, a lender will enter into a personal loan agreement with a borrower.

A personal loan agreement between a lender and a borrower may include a clause stating that the salary and the end of service benefits of a borrower needs to be credited in a bank account of a lender from which a borrower has availed a personal loan. This is in accordance with Article 2(1) of Securities and Documentation of the Personal Loan Agreements Formats Approved by Central Bank of UAE.

“Article 2 – Securities and Documentation.

 As a guarantee and security to pay the loan interests, commissions, fees, and any other amounts become due under this Agreement the Borrower commits and undertakes as follows:

1. Provide the bank with a letter from the Borrower’s employer pursuant to which the employer undertakes to transfer his monthly salary and the end of service benefits to the bank throughout the loan period.”

Further, a lender may have a right to demand from a borrower to pay the outstanding balance of a personal loan if a lender feels that an event (may be termination of employment) could lead to the inability of a borrower to repay the personal loan.

This is in accordance with Article 4(6) Personal Loan Agreements Formats Approved by Central Bank of UAE, which states, “The Loan elapses and all the instalments, interests and any other fees and expenses become due and payable immediately without having to give any notification or any court ruling and without prejudice to any other rights of the Bank according to this Agreement or in accordance with the law in the event of occurrence of any of the listed below events:

6. If the bank notices that there are grounds which could lead to the inability of the borrower and/or any of his guarantors, as permissible under Central Bank’s prevailing regulations, to fulfil his obligations towards the Bank.”

Based on the aforementioned guidelines of the UAE Central Bank on personal loan agreement, in the event of termination of your employment, the lender may freeze your bank account (only withdrawal facility from the account) once your end of service benefits is credited to the bank account with the lender with whom you have outstanding personal loan.

 

What are the penalties for defaulting on personal loans in UAE? Lawyer explains