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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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Dear All,

I received an email today from Stockslegal stating I have not responded to previous nor arranged repayment of my outstanding liability.

 

 

In the circumstances our instructions are to commence legal proceedings against you..

 

It goes on to say in terms of prospective legal proceedings they ask me to please note that our clients position, HSBC, is fully reserved in terms of the choice between

a) Debt revery proceedings or

b) Bankruptcy..

 

There is some more info giving me another 7 days to make proposals to pay the debt.

Then the last paragraph says please note proceedings will be served at your last known place of residence.

If we are successful in obtaining a judgement against you we will seek to enforce the same against you to recover our clients debt.

 

Can enlightened readers kindly share their thoughts and advice as this has of course got me very worried.

 

I am not in a position to pay the full debt back unless over many years and I cant become bankrupt or I may lose the house which my family needs to live in, and this would put me much further into debt.

 

Many thanks.

 

They have also emailed my wife directly, surely this isnt right.

How on earth they got her private email address when we were not together at the time or indeed is this anything to do with her.

Edited by 230PPhaggis
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Have a read of this linked where someone is facing a similar situation

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?471877-Dubai-Car-Finance-debt-being-chased-in-the-UK-by-Stockslegal-limited/page2

 

How much is the debt approx ?

 

What type of debt ? E.g Private bank loan, credit card

 

When did you stop paying ?

 

You can end up with a court judgement against you, because the claim has gone to an old UK address and the claimant has won by default. They would not have had to supply any documents to the court, because the claim was not defended. Trying to then set aside the court judgement and to defend the claim would be difficult.

 

Best advice is not to hide and to make them provide all documents in English. If it looks like you are not an easy target, then they might not bother to go all the way through a coutt claim.

 

They obviously know from UK records you are married, but might not have current residential address.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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180k AED, I think its a credit card ,but it was so long ago. Stopped paying in 2009 early 2010.

 

There has been no claim yet apart from the letter. My point is I will wish to defend the claim.

 

Thank you.

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bar pers stuff can you copy the email here please as it is not your version of what it says..

 

 

worst fleecers out there for UAE debts that are owed to no-one and simply line their pockets

most are also state barred anyway. or very close

they've waited all this time so they can add 6yrs of interest too incase you are mug enough to contact them.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes copy and paste the email to this thread.

 

It can't be that difficult to find your current address, so i wonder why an email was sent. Perhaps they are not totally sure you are in the UK.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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had to remove your attachment

as we can see thru pen!

as the guide points out

can you redact properly and repostt as per the upload

 

 

but

that's a threat-o-gram

doesn't say will anything if you read it properly.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

help if I typed upload properly too...:lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I would think the Dubai Bank would have to have a court judgement in Dubai, before a UK court would look at it, given the debt goes back to 2009/10.

I don't think the foreign judgements act limitations period allowing more than 6 years to go to court means any direct access to UK court.

I think there has to be a Dubai judgement first and then they can try to transfer to a UK court with the Dubai limitations period applying which from memory is 20 years.

 

If Stockslegal know your UK address and they are certain of their legal position to enforce the debt in the UK, why are they not issuing a letter before action followed by relevant court application.

 

If they are sending standard debt collection threatograms, it means they don't know whether they can proceed to enforce the debt legally.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Not being a legal eagle I am glad to hear it is a threat o gram, however if I read it with my common or garden knowledge then it seems to me the last paragraph does say "Please note proceedings will be served at your last known...etc and that they will"

 

The debt is from 1st quarter 2009 I recall. I had left Dubai by then. Thank you for your input and help. I will donate.

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no read it properly [ps ive removed the ref number in your scan!!]

 

its not saying they WILL issue proceeding..

 

its saying if they do it will be issued to your last uk address.

 

the devil in threat-o-grams is ALWAYS in the fine detail.

 

sorry but as with all these UAE debts

its a massive fleecing exercise...

 

they would bother going to such extents if they really thought they'd win

they'd simply do it.

 

but a 20p threat-o-gram

gets them millions of pounds as with all DCA's.

 

if only people read the letters properly and stopped paying DCA's and their fake/tame solicitors

the whole industry would collapse tomorrow

 

and the courts would have the time and the staff to deal with real issues.

not be snowed under with 900'000 speculative claimforms a year

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The debt is from 1st quarter 2009 I recall. I had left Dubai by then. Thank you for your input and help. I will donate.

 

That email is not a proper letter before action.

 

I think you are probably best to not hide from this and deal with it, asking for full disclosure of all documents from the Dubai Bank. E.g copy of any financial agreement includimg full terms/conditions with translation document into English, copy of any default notice with translation into English, copies of statements of account, copy of any Dubai Court judgement with court translation into English.

 

Get them to supply everything and if they do so, then obtain further advice.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Some complicated reading regarding applying foreign limitations periods in the UK.

 

http://www.civillitigationbrief.com/2016/12/04/undue-hardship-and-the-foreign-limitation-periods-act/

 

I think taking you to court in the UK would be pretty complicated, given that it would be addressing the debt under UEA law and then there are arguments about limitations period.

 

If places like Dubai have lots of foreign workers taking out loans there, then they could arguably set a limitation period of 100 years. I think it is 20 years. But the point is that they could just sit on a debt for 10 years waiting for financial circumstances of the debtor to change. It would be pretty unfair and cause undue hardship, if they tried to apply a debt exceeding the UK limitations period, when the debtor had moved on, bought a house, got married etc etc.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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  • 4 weeks later...

My solicitor had a reply stating foreign limitation period act and also the UAE civil code article 473.

 

They state the matter is not statute barred and wish instructions on repayment as their client seeks to resolve the matter amicably.

 

They have stated that I am indebted to their client and they have instructions to pursue for recovery of the same.

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As advised in my previous posts ask for all the documents i mentioned to be provided in English.

 

 

If they want to use English courts, then they need to supply documents in English.

And you are entitled to have these documents now.

 

They are just trying to get you to enter into payments, as the cheapest possible recovery option for them. There is no guarantee they would succeed in gaining a court judgement in England.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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  • 5 months later...

Update:

Nothing heard back from Stockslegal.

 

However another firm called IDRWW have been in contact and also sent a letter recently asking me to engage with them and resolve the problem.

 

They said they would like to do this whilst we are managing the account before our client moves the account into a legal collections process with solicitors CWD.

 

They then go on to say legal costs will be added to outstanding balance under the terms of the indemnity.

 

Further says a transfer to legal collections is also likely to result in less flexibility etc..

 

Please contact within 7 days.

 

FHere are some debt advice companies etc..yours sincerely.

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Ignore

Next desk nearer the bog same portacabin

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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load of ole twaddle!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes much of it is twaddle.

 

CWD do appear to take court actions,

but mostly easy targets that don't respond to them.

 

As soon as people start making requests for UAE debt information in English e.g Credit card agreement, terms and conditions, default notice, UAE court actions if relevant etd, they seem to go quiet.

 

If they do manage to provide all information in English and the debt is enforceable in the UK, they become uniterested in accepting small regular payments being made and give up..

 

This is going by reading these threads for a few years.

 

Advice is to wait to see if CWD do write and if they do send a letter as explained.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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