Hi Guys

Just joined the forum as had been looking for some advice regarding this issue.

My partner is being pursued for a debt in Dubai in 2007.

Until last week she had no contact with the bank since 2009, this being the year she left Dubai.

We have just received a statutory demand from the infamous CWD which on advice we are going to set aside and dispute the debt they are saying is owed (over 180,000 pounds) from a c card debt of 18k.

From what ive read many of you are in the same boat and we would just like a bit of advice whilst we share our experience to hopefully help some of you at the same time.

Will keep you posted on how things go.

My partner left Dubai in 2009 with around 18k of debt and until last friday had no contact with the bank in question.

A guy came to the door and served a statutory demand on her and reading it we have 21 days to set it aside.

I have read various threads on this forum and others and it seems there are hundreds of other people being chased by the same company (CWD).

On doing a little research i have a few questions

1) as there is no reciprocal agreement between the UK and UAE can this be lawfully pursued

2) The timescale, can this still be pursued after 9 years ?

3) Will the setting aside of this demand require a solicitor to action this ?

your help and advice will be truly appreciated

thanks in advance

can you scan up the SD to one multipage PDF please

Ive pieced together as best i can the remains of the demand, my partner was rather angry with the guy that served it and her immediate reaction was to tear it up

SD.pdf

they are not the creditor

they cannot issue an SD.

safe to ignore.

dx

Many thanks for your input dx. We have sought some legal consultation as my partner is still worried so i will let you know what the outcome is after this.

well don't use that well known website lot!

you don't need legal advice really

and if they are charging you for it then pers I wouldn't pay.

dx

This is the correct form......

https://www.gov.uk/government/publications/demand-immediate-payment-of-a-debt-form-sd2

Which lists the creditors name as the creditor.

Andy

Dear MoSaleh, all will turn out in your favour, be confident!

Please, please do update us on any proceedings, no matter how insignificant.

So it looks like that letter is nonsense then?

I will definitely keep you posted, we have scheduled a meeting with a solicitor (as my partner is still worried) to go through this.

The meeting should be within the next 10 days so once that’s taken place I will report back. Thank you everyone for your help advice so far.

You shouldn't need to a Solicitor to set a side a SD.

https://www.consumeractiongroup.co.uk/forum/showthread.php?406102-LEGAL-Form-6.4-amp-6.5-Application-to-set-a-side-a-Statutory-Demand

https://www.consumeractiongroup.co.uk/forum/showthread.php?407519-Statutory-Demands-and-Lowells.-(amendments-December-2015-16)

I would still set a side even though it appears to be false.

Is it worth me contacting the Court and seeing if the SD has been lodged with them thus seeing if this is genuine, or is that not possible.

its not got that far yet..the court will know nothing about it.

Is it worth me contacting the Court and seeing if the SD has been lodged with them thus seeing if this is genuine, or is that not possible.

SDs are not issued through a court

Just a quick update, we have set aside the SD that CWD sent us so we are now waiting for the next move.

Excellent Mosalah, well done!

Was that done by yourself?

What did you need/put together in order to successfully 'set-aside?'

Just want to get a picture of what I would need to gather/prepare, should I ever need it!

Thanks' Mosalah!

Just a quick update, we have set aside the SD that CWD sent us so we are now waiting for the next move.

Always was going to happen as if the original creditor got wind of it i bet cwd would have gotten an ear full because they should have gotten the money now lining cwds pocket

Hi

We hired a solicitor who submitted the Set Aside with an accompanying letter stating that we didnt recognise the debt that they were stating.

You can do this yourself, if you look earlier in this thread someone has posted a link to the set aside form you need to fill out.

We only hired a solicitor as my partner (who the action is against) is a real worrier.

If it was against me i would have done it myself up to the point we are at now.

Will keep you posted on all developments from here on in.

Definitely a huge sigh of relief - I guess that would be the DCA's Ace card blown off the table - a contested SD. Thats the key.

Great stuff!

Thank you MoSalah for the updates, definitely helps and informs us all tremendously!

Hi MoSalah, thanks for the updates, keep em coming

Just a quick update

So we applied to for a set aside to be instructed and we have now received a court date for early September (our first appearance). Will let you all know how this goes in due course.

thank you again for the updates!

Am sure all will work out for the best for you.

So latest is this,

My partners court date was brought forward to last week and we were abroad so she was represented by counsel in her absence.

CWD produced a document from a “UAE law expert” who argued that this debt is enforceable in a UK court of law.

We are still currently away and have since received another email with a significantly smaller settlement figure of 24k.

solicitor is currently away but this very quick greatly reduced settlement figure has me wondering if they are chancing their arm ?

After the first hearing my initial question to our solicitor was the validity of UAE law being enforced in a UK court of law to which until this moment we’ve still not had an answer on .

thoughts would be great appreciated

Thanks in advance

Foreign debts can be enforced in UK Courts, however, the creditor owning the debt, (if any court action was defended) would have to prove they had the right to do so, the debt amount was correct etc. They would have to follow the correct UK court processes. E.g. Was the statutory demand correctly issued ?

And who are CWD representing exactly ? If CWD have finanicial interest in the debt, because they will share in any amount of debt recovered, then they have to disclose to the Court. Failure to do so, would have serious consequences.

On speaking to our solicitor he feels that this isn’t enforceable but is not straight forward, could really do with advice from anyone who’s has been through this as I too am sure this isn’t enforceable but can’t find anyone who knows this law to argue the fact as of yet