As already said, many UAE debts dont conform to european standards as far as terms etc go so they cant be enforced via the courts.

UAE law doent apply in the UK so whatever they say back in Dubai doesnt count for much so they employ noisy debt collectors who break the law to try and beat you do and agree something.

As the methods are unlawful this only adds to the banks problems and makes it less likely they will be allowed to join the club as far as international debt enforcement goes.

If a bunch of chancers give someone 30 days to pay up them you wont hear a damned thing about it for more than a month because the clock hasn't run down.

These companies are never going to do anything in a hurry,

they rely on getting people to sweat and then make contact as they are afraid of the unknown.

Imagine, the debt collector sues you, it goes to court and they will but you cant pay more than £1 a month.

What sort of victory is that?

they want to make you agree terms with them rather than actually use the legal process even if they have any right to do so ( and they dont).

Risking court when they have no locus is never a good idea and they know it, they would be throwing their money away with their clients.

I have had another letter saying CWD have been instructed to issue court proceedings

Well until you actually receive a claim...dont worry.

Andy

Thank you.

Also been sent this .....

There has been no assignment of your debt.

For the avoidance of any doubt, the monies are owed to our client (RAKBANK); we have been instructed to recover those monies on behalf of our client.

There has been no judgment or court ruling for the debt in the UAE.

Contrary to your belief (and that of others), our client is under no obligation to first issue any proceedings in the UAE.

Given the non-exclusive jurisdiction clause in the Credit Card Agreement, our client is entitled to commence proceedings in any jurisdiction, albeit that the courts of England & Wales will decide the claim by reference to the laws of the UAE (with reference to expert evidence where necessary).

It is generally considered that the English court can assume jurisdiction for any dispute either according to scope of Brussels 1 Regulation or traditional English rules.

There is ample case law of English courts having jurisdiction to hear foreign claims/law.

Inter alia, we would refer you to decision of the Privy Council in AK Investment v Kyrgyz Mobil which sets out the following requirements:

A serious issue; there must be a serious issue to try on the merits of the case.

A good arguable case; the claimant must show that it has a good arguable case that the claim falls within one of the jurisdictional gateways set out in CPR PD 6B, para 3.1

England is clearly and distinctly the appropriate forum

We would also respectfully refer you to the provisions of the Recast Brussels Regulation (no. 1215/2012) (applicable to all member states of the European Union) which applies to proceedings commenced on or after 10 January 2015 and provides that (subject to certain exceptions) both individuals and legal persons (e.g. companies) should be sued in the member state in which they are domiciled.

load of ole twaddle...

CWD IDRWW or whatever you want to call yourselves...

when your client raises such a claim, and not via the backdoor or using a paid patsy to get a fake win we'll take notice

till then...

I will wait now....

I have been sent the claim forms - although unsealed yet! they will be sent to me by post apparently?

attached.

do i wait for the stamped/sealed ones to arrive?

gone to CCMCC but it says for Slough?

claimform.pdf

They are trying to scare you, those papers aren't worth the paper they are written on as they haven't been registered with a court as there's no claim number etc

How did you receive these?

Was there a covering letter?

I was emailed yesterday, saying the clients have instructed CWD to start court proceeding and "papers have been sent to the court".

I was emailed today the attached, sent to CCMCC, no covering letter, just saying

" all money claims are required to be issued via that court. for my ref a copy of the unsealed documents are attached"

so i expect the sealed/stamped ones to come through in the next few days, once issued via post.

Bounce any emails you get straight back to them, its a free way for them to harass you

make them pay for postage if they want to talk to you

they are trying to scare you into paying and until you get sealed court papers ignore them

okay will do

They are real.....they have been manually served...not through Northampton CCBC...through CCMCC Slough.

Refer to the other thread I have advised on on how to respond.

https://www.consumeractiongroup.co.uk/forum/showthread.php?491321-CWD-PAP-Letter-re-old-UAE-debt-now-claim-form/page4

Andy

Thread moved to Financial Legal Issues Forum in view of the claim.

Thread title updated

Thank you- I have been actively following the other thread.

I have completed the AOS, printed ready to go, Will date it when I post it. Also will email it if at all possible.

N244 also complete and ready to go.

Awaiting official documents now, but I do feel prepared.

You wont get any further documents..they are the documents..the claimant manually serves in manual claims.

Work form the date on the claim form..... 14 ...days to AOS...dont forget to tick " Contest Jurisdiction " send submit N244 within 14 days.

Oh right I see. The email said I’ll receive by post. I’ll ring the court (?) Monday or Tuesday next week

Ah okay I didn't realise they were email copies.....but whatever else you receive will be identical

Ah right, Yes I expect so.

Not too worried as such just making sure I’m prepared. Worst case is I have to pay by instalments I suppose

Who are you going to pay installments to ?

Hopefully no one, but I’d the court/judge hears the case and awards to the bank, then it would direct repayment it would only be what I could afford though.

so if thats the way you feel why didnt you arrange repayments with the bank directly ?

You want to wait to get a CCJ with all the absorbitant fees and interest charges plus court fees and then you want to arrange payment ?

CWD are debt collectors disguised as solicitors chasing vulnerable people for amounts of money they dont actually owe. I think that is what CAG is all about .Thats why I am here to fight these DCAs

I dont understand why you are here if you dont want to fight these people .

People are following our threads to get an idea of the way forward so I dont understand your comments because its not really helping anyone and isnt that why we are here to help each other ?

Because the bank won’t accept monthly instalments. Hopefully as I say it won’t come to that and it will be dismissed (or whatever the terminology is) but reality is I don’t know what will happen, I can only defend as much as possible. No outcomes anywhere I can see or find that tell me what has happened to others. And I follow actively.

I’m here for advice, and to see what other people’s experiences are, to hopefully give ma and anyone following the best chance to win

Never have my comments been confrontational with any type of undertone so I’m not sure why such the response

ofcourse it will be dismissed.

Squaddy Never have I implied that your comments were confrontational just defeatist before we have even begun to fight

We are setting a precedent because noone has ever seen an outcome of these claims apart from a backdoor CCJ

I really want to defend this claim and was hoping we could do this together if possible.

Thats why I dont understand your comments . If we are going to fight CWD and all that they stand for we have to be together .

As dx and many have said you cant use UAE ruling in the UK .

Hope you can defend your claim as i will following the advice on here as you know the UAE banks are dreadful to deal with

Regards

t

- - - Updated - - -

Thanks for your support

Definitely going to defend the claim all the way and beyond

Defeatist definitely not my intention, I’ll be more mindful of that

I Will keep updating all the way

Thanks for that,,,,be nice if we could stand together on this