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About gigglemal

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  1. Yes, indeed dx100uk. Do you think it's worth re-sending the CPR request now? I haven't received any response from them.
  2. Ah, that makes sense Sorry for double-checking everything, it's a lot to take in and process sometimes... Have a great day!
  3. Defence filed, thanks again both all your help. I will certainly be making a donation as your sterling service and sage advice has helped tremendously. PS. I excluded the 'for reference' section of the defence draft from the submitted defence; hope that's correct.
  4. Andy, thanks for the feedback and information on needing the agreement number. Thank you also for amending the draft accordingly (sorry, I wasn't aware the copy/text could be amended like that...) Dx100uk - I've just the one ADCB card. Yes, I'm content with that defence so I will proceed in registering that now. Thanks again for all the help
  5. Andy, there is a Claim No, but there is no 'account number' on Particulars of Claim. I wasn't sure if there should be a reference of the account/CC number (or similar) to which the claimed account relates. Is the Claim number sufficient? Should I remove the line from the defence draft above? Sorry if I'm being a bit dim, but please could you explain the comment 'Defence amended - please check"? Thanks again for your help and advice,
  6. Hi dx100uk, sorry I was editing the previous post to include a draft defence for initial review.
  7. Thanks for posting that, I have received a Letter of Claim & I have removed/edited the line about a previous repayment agreement, so would this defence seem along the right lines? Particulars of Claim for reference only The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereon pursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000. Defence The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Claimant claims £ xxxxxx is owed under credit agreement with Abu Dhabi Commercial Bank. I do not recall the details of the credit agreement to which the claimant fails to state the actual agreement account number in its pleadings, I have therefore sought verification from the claimants solicitor by way of a CPR 31.14 and who are yet to fully comply. 2. I am unable to recall the precise details of the alleged agreement or any Notice of Default served under UAE Law in breach of any payments. 3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice under UAE Legislation; and (c) show how the Defendant has reached the amount claimed for. 4. After receiving this claim I requested by way of a CPR 31.14 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and remain in default with regards to this request. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. --
  8. Thanks, just looking through other threads & options about how best to file a defence (and the right one). I've not received any replies/further docs as per CPR sent last week. It seems this may have crossed in the post as I received another letter/follow-up dated 11 Dec. Interesting info ref the spy/laird and comments on new/old bunch, gives some useful context.
  9. Thanks for confirmation - have filed on MCOL and sent CPR to Moriarty, will advise on any updates.
  10. Wow, thanks for all of this. Sorry if I sound a tad slow on this, but I take it then I can't contest jurisdiction according to those terms? Will crack on with 'needful' as advised, and thanks
  11. Hi Andy, thanks for the reply. I guess I will need to get copies of the agreement to check that, which may take some time. What do you suggest I should I do in the interim, as I'm conscious the clock is ticking on needing to AOS?
  12. Yes - I received a letter - which included the copy "we are writing to you by way of Letter of Claim pursuant to the provisions of The Pre-Action Protocol for Debt Claims (PAP)" - a few months before. So should I wait to Acknowlege due to 'juridisction' confirmation? Thanks again for any help or advice
  13. Name of the Claimant ? Abu Dhabi Commercial Bank Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS XX + 19 = 08 Dec file defence date - 08 Dec + 14 days = 20 Dec 19 Particulars of Claim 1.The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014) 2.despite formal demand for payment of the debt the defendant has failed to pay 3.and the claimant claims £25k and also claims interest thereon pursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000. What is the total value of the claim? £27900 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? After - Aug 2014 Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation. Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert). Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB” Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty) Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? I was made redundant so had to leave UAE to return to UK. Despite me advising ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”. Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse. The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum. I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford. In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike - that I was only promised would be “cleared up” should I make payment. So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time). What was the date of your last payment?Jul 16 Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income. QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?
  14. Hi all Firstly, thanks for all the helpful threads on here. Whilst there's a lot to read and get through, it's both helpful and reassuring to see so much great advice and support to others in similar situations. I've received a letter and a Claim Form from Moriarty for an ADCB CC debt. I'm presently in a DMP for existing UK debts and (probably like many others) I truly don't know the best way forward, as time is clearly of the essence - but I don't feel I've 'up to speed' yet on all the other threads, advice, lingo etc. to respond accordingly. I'm looking at drafting the PAP and getting it of tomorrow, but just want to get into the other threads to see if it's the right thing (and get more info on similar cases). Please feel free to comment with any advice - all gratefully received of course. Thanks again for anyone that's posted in other threads and great to see so many kind and generous respondents helping others. PS. Haven't posted/scanned details onto the thread yet as still to read up on the rules/tips, but Claim Form filed in Northampton on 20 Nov.
  15. I told him I needed to seek external advice & he was quite scornful, however he changed his tune during the conversation from having 'two days' to 'new year' when I said I would be in touch & would address the issue. The biggest problem I have with this company is their reluctance & ignorance to have a level conversation, there's always an underlying tone of threat & arrogance IMO. There's no such thing as appealing to a higher level than them, they just bury their head in the sand and accuse of not wanting to pay. I was less than impressed the council either seem to not care about their tactics, or ARE aware and would rather ignore the issue. How's things going with the complaints about them? I will compile my facts on this particular case and I'd happily submit them to you to help. In the meantime, I'm not confident given the way things have developed in this case that to adopt the stance you suggest would actually do anything, they seem that blinkered. However, that said, I'm prepared to do whatever to settle the matter quickly and simply with the least stress, but whilst doing the right thing too. I have already sent them a letter previously - he admitted he didn't know what a Subject Access Request is - based on the templates available through here (the one where it says entry to levy is refused and warning of their conduct) but this guy is obviously another bailiff who, by his own admission hasn't read the case file or the supplied documentation. All he had was a printed form possibly off their computer, and his own stock letter. I will get the figures as raised and then post again on here, and thanks for your advice.
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