Dear All

I am a property owner who also lost my job in Dubai in 2007.

The sad news is despite this being UAE international debt Coyle White Devine has filed a second charge again my title register although it doesn't tell me how much it is...

Any advice on how to deal with this please?

Bankrupty? Thete is not a huge amount of equity in my house...

Any one else had second charges please?

Thanks for the feedback..

.Is there anyway they can force me to go bankrupt?

layercake, if they have a charging order presumably already have a CCJ. The CCJ should tell you what the amount is. If they have a CCJ for more than £750 they could try to go down the bankruptcy route.

My God they have accumalated this debt thousands of times. Minimum made up of 100,000 aed which is £16,000! Original debt in 2007 was about £7,000.

How can they get away with this? Do the uk courts even know about uae prisons?

Does anyone know what the next step is regarding this?

Anyone else had these charges?

Thanks

Hi, I've moved you into your own thread to make it easier for those trying to help you.

Can you let us know exactly what has been registered against your property? Is it just a restriction or is it an actual charging order?

If its a charging order, you need to urgently work out what happened with the CCJ.

The most likely scenario is that court papers were sent to you (perhaps at an old address) and obtained a default CCJ because you didn't file a Defence.

The CCJ will tell you how much the debt is.

If you want to contest the debt you need to be making an application to set aside that CCJ urgently.

Your first task would be to get in touch with the relevant court and get a copy of the full court file.

In the meantime you can also request a copy of the CCJ and claim form from their solicitors.

It is definitely and Interim Charging Order Dartford County Court...Dated 31/01/2013 but I only just saw it today...Is it too late to get it set aside?

It is Dubai Debt of chris sake!

Any more advise would be helpful.

Contact the County Court and get a copy of the CCJ documents. There will be a bunch of documents you have never seen. The charging order is just a method of enforcing the CCJ - you would need to set aside the underlying CCJ to get anywhere.

Thanks. I will do as soon as I return to the UK.

Has anyone else had a charging order for Dubai Debt?

How is Dubai debt recognised on my UK property?

It is definitely and Interim Charging Order Dartford County Court...Dated 31/01/2013 but I only just saw it today...Is it too late to get it set aside?

It is Dubai Debt of chris sake!

Any more advise would be helpful.

A Dubai debt can be pursued through the English legal system if this is allowed by your contract with the bank. Under English law, your presence in the jurisdiction is enough for the English courts to have jurisdiction even over foreign debts. Once a claim has been made, if it is not defended a CCJ will be issued. Once a CCJ has been issued it can be enforced by turning it into a charging order.

As per my previous post you need to get the CCJ set aside, not on the interim charging order. In order to get it set aside you need to act promptly upon becoming aware of the CCJ and you will to tell the court what your proposed Defence to the claim will be.

Thanks for this...

Has anyone in situation tried to set aside a ccj based on Dubai debt? I would really like to know the processes taken as well as an example if possible?

One more question...Is bankruptcy possible?

Does it stastically happen often?

Is it still possible to ask for a copy of Emirates banks T&C's that state this is enforcable in the UK?

Anyone?

There are many posts where people have had default judgments set aside. You can use the search function or browse around this forum and the Financial Legal Issues forum. The process is to complete N244 with an attached witness statement explaining when you become aware of the judgment, why it should be set aside and what your proposed defence to the proceedings would be.

If the CCJ is for more than £750 then they may pursue a bankruptcy, but probably not likely if they already have a charging order. The point is that once they have a CCJ that is binding - it is not necessary for them to look behind the CCJ, the CCJ is a binding court order for you to pay a specified sum of money and the background circumstances no longer matter. That is why it is important to have the CCJ set aside if you are going to contest this.

You can ask them for a copy of the T&Cs. If the CCJ was set aside and the case then proceeds as a defended case, they would have to provide the T&Cs.

Thanks so much much SP...I will update when I xan.

You mentioned returning to UK.

I notice that you've posted at a time which is very early morning in UK.

You're not in UAE or other GCC country right now, are you?

.

You are obviously aware that debt is a criminal offence there and you would be taking a huge risk, even simply to transit an airport such as Doha.

No I left Dubai in 2007...

Right now I am in Romania and had no idea about CWD actions so in May when I return to London I will request for a copy of the CCJ...And then a set aside.

Any template vwould be helpful..thanks

I do have another question.

What would happen if I managed to get this "set aside" successfully in the courts, what would CWD's next step be?

I read UAE debt can be chased upto 15 years...

Thanks...

There would most likely be a hearing for the set aside. If you managed to get the CCJ set aside, you would be ordered to file a Defence and the case would then proceed as a defended case. This would ultimately lead to another hearing. All of this would obviously cause you practical difficulties if you are living in Romania but the CCJ is secured against your English property. You'll have to weigh up whether the cost of this is worth it against the amount of the CCJ.

Thanks mate.

I must be one of the first people in the UK to get an ICO over Dubai Debt!

I will weigh it up but it is depressing...

Not at all. There have been many threads on CAG about people being pursued for Dubai debts. I imagine it is quite common given the number of people who left Dubai with debt after losing their jobs during the great crash.

Sure thing but I did not fancy prison.

UAE international debt is now secured again my house as an interim charging order...

If CWD for example forced me to bankruptcy in the UK court, how far down the pecking order would they be over a UK unsecured credit card provider?

A charging order effectively secures the debt against the property.

The answer to your question depends on whether the house is sold as part of the bankruptcy. If it is sold, and there is money left after the first charge holder has ben paid, CWD would be entitled to that money ahead of other unsecured creditors. If the house is not sold or if there is nothing left after the first charge holder has been paid, then they would be in the same position as other secured creditors

That answer surprises me because CWD claim to be solicitors not debt collectors acting for uae banks.

I will follow your instructions exactly when I get back.

Anyone we know on here who has successfully set aside a CWD ccj or charging order from Dubai debt specifically that you know?

Thanks again....

Yes, that is correct. From looking at CWD's website they are a firm of solicitors. I expect that they filed the interim charging order on behalf of their client. Presumably the client is the person named as having the benefit of the charging order.

I'm not aware of anyone who has successfully set aside a CWD CCJ. There will be a few who set aside CCJs relating to a Dubai debt. The fact that it is a Dubai debt does not really matter for the purposes of a set aside. The basic principles are the same as for any debt ... you must apply promptly after finding out about the CCJ, you will need to explain why you did not file a defence when papers were first issued and you will need to explain your proposed defence to the claim. As mentioned before the priority is for you to get the CCJ documents from the court.

Thanks Sir...I will do...

One more question...

Can the 3 letter process be used? I read on another website about this...Can you read this link.

Also...

No worries. No, those letters don't work and will get you slaughtered in court. There is so much wrong with them I don't know where to start. You can't get someone to pay you £5,000 in damages because they called you "Mr / Mrs". Also most of the advice given in the thread you linked is wrong, unfortunately.

What you need to do is get a copy of all the court documents, and then file a N244 form asking to set aside the judgment with an attached witness statement fully explaining the circumstances and your proposed defence to the claim.

I'm not sure how you would deal with this practically from Romania. You might be able to get away with a telephone hearing rather than a live hearing for the set aside application but can't assume this. If the case then advances through the courts as a defended claim there would be another hearing and that is likely to be a live hearing.

You could use a solicitor though obviously would have to pay for that. This may be wise particularly if the amount is over 10k as in this situation you may be able to recover some of your legal costs.

Sweet ok so I will fly back to London in 4 weeks for good so can deal with the CCJ set aside then...

Of course I will keep this updated.

Thanks

I am also waiting for updates from CWD court cases...

CWD have definitely placed a charging order on my property from Dubai. The Land Registry placed as EmiratesNBD. I think it would have been added by default without a judgement as I missed the original letters because I am in Europe now.

I will arrange for it to be set aside and will update you.

Any one else had one of these registered?