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Debt in UAE chased in UK - through unlawful dissmissal


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Hi there CAG Community!

 

So relieved there is hope out there - CAG!!

 

In a nutshell, I have lived in Abu Dhabi, UAE, for many, many years.. I had a credit card and a loan, of those in the know, is a must if you are in need of renting any property as x2 payments up-front are needed..Anyways, long story short, I have always paid my loans/CC's on time, every time.

 

In Dec 2017, I was unfairly dismissed, (part of the emiritization restructuring) and was given 3-hours notice to leave.sad.gif

 

Contravened Labor Law, thus was unlawful (which didn't make a difference) desperately tried to fight for my End of Service benefits, notice monies etc... which all went down the 'inshallah' road.angry.gif

 

Time and money ran out, I have had to leave Abu Dhabi as could no longer stay live there with my wife/kids as had no income.. Had to return to the UK in Feb 2018. Thus defaulting on monthly payments.

Total debt; in the region of AED123k, approx £22k excluding the ungoverned interest rates

 

Right, to the point; I have received an email from a collections agency couple days ago.

 

The email is as follows:

 

 

Dear xxxxx,

 

First Abu Dhabi Bank (PJSC), Unique Identification Number xxxxxx

 

We have been instructed by First Abu Dhabi Bank (PJSC) (the merger of First Gulf Bank and National Bank of Abu Dhabi) in the Middle East to deal with a number of liabilities owed by individuals resident here in the UK. All of our work in this respect is regulated by the Financial Conduct Authority in the UK (under FCA licence number 737367).

 

A liability in your name features on a portfolio which we have been instructed to manage. We have been provided with this email address for you, so our intention is for all communications to be directed to this address. That said, we know and are sensitive to the fact that debt is a serious and very worrying issue for many people - so we do not want to increase that burden by communicating with you through inconvenient channels.

 

Accordingly, if you do not want to be contacted via this email address, please let us have an alternative means of communication, within the next 7 days; either a telephone number, another email address or a residential postal address.

 

If you do not take up this opportunity to direct us down a particular communication path (or paths) then we will assume that the continued use of this email address for communication is acceptable to you going forward.

 

Please telephone us on 01494 911099 within the next 7 days. Our operators are here to help you Monday to Friday between 9am and 5.30pm. Please quote the above Unique Identification Number when you call.

 

Please note that there is free debt advice available for anybody in the UK who needs it. This resource is available from the following organisations, amongst others:

 

citizensadvise and moneyadviceservice

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Ignore them all

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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Hi Chelsea05,

 

Great to see I am not the only one here!!

 

If you dont mind my asking, was correspondence done purely through email?

As I have been away for some time, I have not yet established myself properly here yet, and doubt they would have my address... I suppose this is a good thing?

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They aill use any or all methods

Stuff all they can do

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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Surely there must be a 'turning/escalation' point!? I doubt these agencies would stop at simply not getting a response.

When they claim (on their website)t o have 20-30 successful monthly convictions, surely this has not transpired through 'ignoring them.'

 

Unless of course, that statement is ridiculously false, then there is cause for concern that perhaps silence would only yield a legal intervention from them?

 

I am clutching at straws here - I do not want to have to go through this, we have been through enough over last few months... But I will fight the fight if needed!

Just need to get my facts right and true. Hence I am here

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Go read chelsea's thread and learn....

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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I have had stuff through the post too, Coyle Whyte Devine are the latest so don't be alarmed if you receive anything from them. They sent me credit card statements the lot and said I have 30 days to pay or respond. but please look at my thread too as this will give you more information.

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Thank you for that Chelsea05

 

On the back of your thread I have done a little searching, and interestingly, IDRWW and CWD share the same director.

This appears to be a whole house of one enterprise solutions, comprising 3 people. Not a vast network i envisioned..

 

Now I see the relation of escalation from Debt collection to Legal application, all under one roof.

 

I have gone through your thread, and although I am in the interim stages, I can say I do feel more confident of my standing. The advice to 'ignore' seems so much more appealing.

 

I shall keep this thread updated on developments. Whatever they may be...

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When they claim (on their website)t o have 20-30 successful monthly convictions, surely this has not transpired through 'ignoring them.'

 

Debt in the UK is not a criminal matter and you cannot be "convicted" for it (and I couldn't find that claim on their UK website when I looked, but I may have missed it).

 

I did find this article though which explains that debt is (or can be) a criminal offence in UAE.

 

http://www.mynewsdesk.com/uk/stirling-och-partners/blog_posts/uk-lawyers-coyle-white-devine-chase-uae-bank-customer-for-300000-pounds-over-a-3000-pounds-decade-old-debt-68457

 

The article suggest that because debt is a criminal offence in UAE it's possible for the creditor bank to use the European procedures for enforcing criminal law judgements or for apprehending people wanted for criminal offences in UAE. It's a subject I have zero knowledge or experience of but am posting to flag the article and see if anyone with expertise can anything further on this point?

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Hi there Tobewan,

 

As I am in a similar situation as yourself, I am anxious to know if there has been any development since your last post? If so, what has transpired to date?

 

Thanks Tobe

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Dear chelsea05, I too have been trawling the web... I am just going to air my brief thoughts on what I have trawled through thus far... One grey area in particular does stand out:

 

Would the T&C's of credit agreement - a jurisdiction clause which will clearly state that the debt is enforceable in any jurisdiction... Question remains, is this clause enforceable/applicable or even actionable in the UK?

 

 

 

As idrww & CDW share the same director - I believe their 'inhouse' progression phase to be -

 

 

  1. Idrww issues the intent of collecting a debt - on behalf of UAE bank instructions (standard letters go out etc, etc)
  2. CDW kickoff legal proceedings - this is the grey area, is their 'Ace card' based purely on the 'enforceable jurisdiction' clause?
  3. CDW then follow-up through in-house legal proceedings- with x2 options, either pay up or lose everything 0% negotiation - or do they commence? Is this pure scaremonger? As dx100uk would say; 'willy waving.' Although I have yet to come across a UAE Debt collector's success case. Cases were Bankruptcy, and/or CCJ's were allegedly enforced were most likely acted out through no defense from the defendant?

The above is purely where I am seeing things from the balance of what I have read... I am certain the good people of CAG can and will expand upon or clarify my understanding!

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Neither own the debt

Neither can do neither

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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Would not give them anymore legal powers as they have none in the first place

No DCA nor their fake/tame solicitors have any legal powers..they are not bailiffs.

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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True dx100uk, very true... But can the Creditor (who is the owner of the debt) initiate legal debt recovery proceedings via a uk lawyer, say CDW for example on their behalf?

No they have no jurisdiction

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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Numerous posts on other members threads moved to your existing thread

Please keep to your own thread

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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No they have no jurisdiction

 

Exactly what I thought dx100uk, but what about the T&C's of the credit agreement, notably the jurisdiction clause which state that the debt is enforceable in any jurisdiction... would that not then be relevant and applicable in the UK?

 

 

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Well if that were so

Then why havent they done so to date?

Because they cant ...else by now over the several 100's of like threads here. ONE person would have told us so....and none have.

 

Might be better to switch off worrying now as you are tying yourself up in pointless knots about a nothing..

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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Extremely valid point dx100uk!!

 

Btw - do you EVER sleep!?!

 

I commend your support to the cause/fight, truly admirable. Thank you, and thank you CAG

 

I shall, of course try and refrain from taking over other's threads.. guess i did get carried away.

 

I shall, without fail, keep all involved updated on ANY developments, no matter how small... x

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:madgrin:

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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