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First idrw now cwd law re dubai debt


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Lots of opinion and advice here.... many of which assist, and some of which is just plain wrong.

 

An update:

 

All correspondence until it became "official" in inverted commas was ignored and rightly so.

 

When you get to the point of a 30 day notice it is up to you whether or not you respond.

 

In any eventuality, unless you wish to do so, do not acknowledge or accept the debt. WHY? Because this will come with zero evidence that CWD have been appointed by the UAE entity or indeed in what Capacity.

 

CWD have not and will not 'buy' toxic debt.

 

They claim to be acting on behalf of the Bank/Entity as Solicitors. As such they are bound by rules of conduct.

 

It is also a fact that they do not have to have bought the debt in order to act on behalf of the client. We know they are dodgy DCA acting under the guise of solicitors, but they are empowered to do so.

 

If they move toward an SD, whether they have to state the what their deal is depends much upon whether they are enforcing a judgement obtained in a non EU country or not. This too may prove influential in the longer term.

 

Now we move forward.

 

As i understand, if your agreement states that it is not judicially restricted to the UAE, then it is not

 

In my case, i will be requesting SIGNED copies , attested by the courts in the UAE as true, duly dated at the time of taking out the facility. a copy of the terms and conditions upon which they are depending should be requested/provided, and indeed KEY here may well be and it is a point of law that whether you signed an "application" or an "agreement".

 

If they cannot provide evidence as such then it is clear (in both my representatives and my opinion) that anyone can caim to have TnC that state this. They need to provide the burden of proof. This still does not mean that a judgement can be ENFORCED, and that is important.

 

IF it gets to a Statutory Demand then PLEASE do not ignore.

 

As i understand things, when a case is defended the court hasn't got a clue what to do.

There is no case law upon which they can depend.

There are no expert witness statements upon which the court can rely (though CWD will try and fob you off with one from the UAE) and, crucially, there is the matter of your human rights and fairness (given that the UE have such draconian laws and indeed that if they wish to use UK courts then the judgement should be applied in both the UAE and the UK... it is not... )

 

So far, the limited success that CWD has had is because people either

1. do not defend and is therefore secured by default or

2) cave in Because whatever the circumstances, when it gets to court and is adjourned, and likely adjourned again and again, people simply cannot afford to carry on funding Counsel to represent them. This will cost about £1000 for a barrister at each hearing....

 

In my case, as for many others, I will defend.

 

In my case i will not be caving in.

 

We have a WEAPON.. it is called CROWD FUNDING.

 

If admin will allow i will set up a Crowd Funding page to ensure that I can take this all the way.

 

Thoughts ?

Edited by dx100uk
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you forgot reason 3...

 

those they have secured anything legal against them were probably paid more money to allow it to happen so these cases could be used as evidence to further get mugs to pay in the belief that they are real debts that need paying...

 

no sadly we don't nor can allow adverts of crowd funding sorry please read our rules...

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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you hit the nail on the head when you say about them having to state whether they are enforcing a judgement opbtained in a EU country or not.

UAE law doesnt have judgements as such and isnt part of a bilateral agreement so have to rely on a clause in the loan contract that would allow them to use a foreign court to enforce the loan.

 

Problem for them is as their domestic laws arent up to scratch and there isnt an actual judgement to enfore the EU doesnt recognise the order of the court and the banks have to start from scratch and try to enforce the UAE civil code in a british court.

 

Now that leaves them open to having the original contract challeneged as being unfair or unenforceable and in countries like Italy where there are laws that prevent usurious lending rates and charges they dont stand any chance.

 

In your case there is also the point about locus and in what capacity are IDRW acting because they arent the bank and dont own the debt.

Again you have covered this

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It is not just about if they have a judgement in the UAE but if they have commenced proceedings there under the UAE Laws.

Thus can be argued choosing jurisdiction .

 

If they bank have filed a case then that is a kick off point.

Secondly, filed when in dispute.

There is a lot more besides but for now its powder dry time.

 

no problem.. i can still set up and promote in other ways if need be.

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doubt there will be

 

about time we saw your SD lorcandub

 

bet its not as it should be in post 8 here

https://www.consumeractiongroup.co.uk/forum/showthread.php?487221-487221&p=5153848#post5153848

 

but their fake one. as mo's post there earlier with it.

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 need for me to do so. It has been checked by a solicitor and is the format acceptable to court. Whether it gets to court is still subject to further actions.

 

I find your attitude a little frustrating. First you doubt my sincerity by challenging if I have actually received an SD and now this?

 

I have been quite open and honest in sharing details. The point being that if we all do then we can find solutions.

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don't know who you are to doubt or otherwise..not the point of cag..

 

I operate by the GIGO rules....

 

garbage in garbage out.

 

as with all dca's or their fake/tame paper only solicitors... no matter what the debt ...here or outside the UK..

if they feed garbage to a supposed debtor …. that debtor can only feed reactionary garbage back out.

 

which is why on any debt a dca throws paperwork up at..we a t CAG say....lets see it...

 

fake cut 'n' paste agreements/statutory demands/default notices/Terms and conditions/statements..you name it ...

one way or another there are always doubts the 100'000 of members here find and expose.

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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Its not me who is doubting... On my own thread I have stated what has and has not been provided.

 

I attended this thread to respectfully request if the OP case has moved forward and the current position. I thought the idea of CAG was to assist each other. I may have some information and vice versa that Mo may find crucial.

 

I will remind you that it is not your bottom in the chair in court, should it progress there. Right now that is very much the direction of travel.

 

p.s. you should perhaps read the notes on the SD to which you refer.

 

• If the Creditor is entitled to the debt by way of assignment, details of the original creditor and any intermediary assignees should be given in part B on page 3.

 

• If the amount of debt includes interest not previously notified to the company as included in its liability, details should be given, including the grounds upon which interest is charged. The amount of interest must be shown separately.

 

• Any other charge accruing due from time to time may be claimed. The amount or rate of the charge must be identified and the grounds on which it is claimed must be stated.

 

• In either case the amount claimed must be limited to that which has accrued due at the date of the demand.

 

If signatory of the demand is a solicitor or other agent of the creditor the name of his/her firm should be given

 

It is quite clear that CWD claim to be acting as solicitors. It is quite clear that they have not purchased or been assigned the debt.

 

What is not clear is their financial relationship with each debt and their client, thus any impact this may have upon any settlement agreed should indeed a settlement be agreed. This opens up a whole myriad of opportunities whereby the UAE entity could deduct from any settlement fee the amount of money taken by CWD,,,

 

for example and hypothetically.

Let us say the debt was 50,000 GBP. an agreement was made or a bankruptcy achieved securing 20,000 GDP .

IF CWD were to be receiving 50% of this as their fee , then this would mean that the outstanding in the UAE would only reduce by 10,000 - and the originating amount would remain at 40,000.

 

After 6 years say of bankruptcy, the UAE entity could now sell on this debt again... whats to stop them.

THAT is why this is all so open to scrutiny by the SRA and that is what is about to be placed before the SRA

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how was the SD'd served you in person?

 

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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who served it please?

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 obv CWD had it served but who were the process servers do you know. ?

 

a little web might be developing here, you have to understand a lot more goes on off threads here regarding people helping and in the know.

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 i do not know who the process servers were.

I was handed the demand at the door.

he attempted to engage in conversation saying "you were expecting this" i therefore refused to engage in any discussion.

Edited by dx100uk
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Aw no envelope or slip

They should have got him to sign something and given him a copy

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 asked that question myself.

It is why i did not pressure as no envelope, no attachments, no ID presented and no request to sign for receipt.

Was told by solicitor that the server will simply present a witness statement.

 

The conversation was: " are you xxx (name)" as my wife had answered and called me to the door i said "yes".

Was handed the SD with his statement above.

I did not engage in any discussion.

Edited by dx100uk
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