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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Coyle White Devine - UAE Indebtedness


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I'm posting on here to see if anyone has had any success with fighting CWD in UK court as far as UAE debt is concerned.

 

There seem to be a number of posts with varying information but no real news of successful or unsuccessful outcomes.

 

Thanks

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Why are they threatening?

Most of it is willy waving

 

Letters don't say will anything if you dead them properly

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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My advice for what it is worth, is that it depends on the amount of debt and which UAE Bank owns the debt.

 

If you search the London Gazette, you will find cases from awhile back that have gone as far as bankruptcy.

 

I think this was before the new rules came in which i think now require a standard county court judgement to have gone unpaid with debts exceeding £5k before they could go for bankruptcy.

 

Most of the letters from CWD are just standard chasers.

But if they say they will issue a court claim, you need to write to them asking for copies of all paperwork from the UEA Bank in English e.g a copy of the finance agreement and terms/conditions in English, copy of any notice of default in English, copies of statements of account.

 

CWD are only likely to go after debts in court, if it makes them money.

So probably debts over £5k where you own assets such as a house.

 

If you own any UK property assets, you might want to be more careful and not ignore.

Edited by dx100uk
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Thanks to both dx100 and unclebulgaria.

 

They are chasing me for a debt which is considerably more than 5k

 

given I have no assets, no savings and currently no job (put it down to business failure)

 

I was looking to see whether or not they would deem it worthwhile to chase me.

 

They can certainly make me bankrupt

 

right now I can't see that it would do them or their client any good other than claiming a victory in principle.

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Might be worth just writing to CWD just advising of your circumstances, without admitting to the debt. CWD might just decide to stop writing to you.

 

If it has been 3 years or less since you left UEA, it might be worth enquiring about bankruptcy.

 

I think the limitation period for UAE is 20 years or much longer than the 6 years in England, so you might think whether you want to or can get shot of this debt.

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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  • 10 months later...

A quick update on this.

 

I contacted CWD stating I had no assets or income which was the truth. We're now about 9 months on and I haven't heard anything back from them. Whilst I very much doubt they have forgotten about me, perhaps they realise there won't be any point in pursuing it!

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there never was...just trying to sc@m you...

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

A quick update on this.

 

I contacted CWD stating I had no assets or income which was the truth. We're now about 9 months on and I haven't heard anything back from them. Whilst I very much doubt they have forgotten about me, perhaps they realise there won't be any point in pursuing it!

 

 

Thanks for the update!

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