Any UAE Lawyers on this Forum? Legal query - Post Dated Cheques

[Ajmanprop]

Hi:
I have invested and paid upto 35% in a villa project in Ajman. The developer is holding Post Dated Cheques for the remainder 65%.

I am at a point, where I want to walk away from the project - cut my losses - before I end up paying 60%, 80%... with no construction in sight.

I assume there is a legal process that needs to be followed in the UAE - with regards to putting a stop on the Post Dated Cheques - and this is what I need help with, ie how best to do this in compliance with the law.

Any insight will be appreciated - referrals, or if you, or your firm can handle.

Thank you

 

[Ajmanprop]

Just posting an answer, to my own question.

(Wish I could have done this on school exams... )

Contacted 7 law firms - the ones that respond seem focused on initial consultation fees, during which they tell you stuff you already know. Contacted a law firm that authored an article - initial discussions have been extremely professional so far.

Habib Al Mulla & Co.
18th floor, Al Attar Business Tower
Sh. Zayed Rd.
P.O Box: 2268
www.habibalmulla.com

[email protected]

Tel: +971 4 331 6868
Fax: +971 4 331 6050

Will add to this thread and let you know my findings (re. stopping post dated cheques).

 

[georgihh]

Hi:
I have invested and paid upto 35% in a villa project in Ajman. The developer is holding Post Dated Cheques for the remainder 65%.

I am at a point, where I want to walk away from the project - cut my losses - before I end up paying 60%, 80%... with no construction in sight.

I assume there is a legal process that needs to be followed in the UAE - with regards to putting a stop on the Post Dated Cheques - and this is what I need help with, ie how best to do this in compliance with the law.

Any insight will be appreciated - referrals, or if you, or your firm can handle.

Thank you

You can cancel the cheques by yourself just inform the bank with the cheque numbers
Simply tell your bank that you are not happy with the service of you developer

 

[Ajmanprop]

Dear Georgihh:

Thank you for getting back. Tried it with Mashreq. Mashreq wants a police report. The police won't issue a report, unless you have a some sort of a court document.

At least, this is what the bank and at least 1 lawyer (not the lawyer I am using) tells me.

Maybe the court filing / document is very procedural.... but that seems to need a lawyer.

If you have done this before, and think I am making the wrong request at the bank, appreciate any help. It will save me close to 12,000AED !

 

[buydubai]

tell your bank that you "lost" your cheque book or those specific cheque's, you could also tell the developer that you would like to "replace" the cheques and just take back the PDC's you've given, you could also speak to the developer and tell them you'd like to "forfeit" the property. I see no need to play it clean, developers have been !#$@!ing investors left and right, if these guys havent even started the building i wouldnt expect them to be any different.

 

[Ajmanprop]

Buydubai:
I thought of closing the account... can combine that with your idea of asking for the cheques back under the pretext of replacing it. Definitely worth a try. Brilliant....

Something tells me these guys will come up with some excuse, of saying the cheques are held in another office... give us the replacement, and we'll then give you these etc.

Simultaneously, will try telling the bank that we lost the book .... something tells me that will involve a police report... worth looking into. Thanks a million.

 

[dorissai]

get out while you can , they sold my unit that I paid for in 06,

 

[TMA]

Law and Ajman

I too am looking for some legal solution to a problem in Ajman - maybe we could pool together.

I 'have' two villas with Sweet homes in Ajman. I have spent over a year trying to get them to either return my money or merge the two into one, as I have no money left (i have been fleeced out of 800K AED on another project and now I am in debt and broke). Sweet Homes have refused to do either. I have asked them to tell me when the completion date is, they don't. The original one was Jan 2010. They have now said they are charging me for late payments and it looks like this is a ploy to eat up over 500K AED that has been paid to them. Is any one else in this position in this forum.

 

[dorissai]

refunds Do you know of any one we can trust as going to court is the only

I too am looking for some legal solution to a problem in Ajman - maybe we could pool together.

I 'have' two villas with Sweet homes in Ajman. I have spent over a year trying to get them to either return my money or merge the two into one, as I have no money left (i have been fleeced out of 800K AED on another project and now I am in debt and broke). Sweet Homes have refused to do either. I have asked them to tell me when the completion date is, they don't. The original one was Jan 2010. They have now said they are charging me for late payments and it looks like this is a ploy to eat up over 500K AED that has been paid to them. Is any one else in this position in this forum.

Have you heard of Judicare? can all of the lost investors get together [email protected] inform me please.

 

[dorissai]

lost all my savings

Have you heard of Judicare? can all of the lost investors get together [email protected] inform me please.

I do not know what to do anymore they have have my money since 06 and refuse to pay I tried rera the Uae minister all i can think of , any help?

 

[dorissai]

Is Allah seeing these people taking all the old people savings, and enjoying the high life and the government will not help, how can they be in this world ?