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jollyrodger

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About jollyrodger

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  1. @ UncleBulgaria67 Without Prejudice (the above was for the lurkers from the dark side) I did ask the simple question and they stated the following:- “We have provided you with clear copy of the Credit Card agreement . The expression “clean copy” simply meant a copy that was legible. Now this clean copy let’s call it Copy 2 is a different document from the original (Copy 1) . I don’t even think it’s my signature on this Copy 2 document bit that’s another story. At the end of the day I did use the credit card allegedly They have supplied me all statements from the onset of accepting the credit card to when I left Dubai and stopped using it. Also they supplied dubious T&Cs with no dates or initialled or headed paper with the famous Clause 19 about Jurisdiction which I believe is a very misunderstood term in our legal system with county court judges where Middle Est debts are now being taken to task in the UK. I could not imagine a UK company who have a QMS (Quality Management System) in place and have all the ISO certification that would produce some T&Cs as evidence that are not on company headed paper and neither have any dates of when it was created. Neither initialled by myself. Its something I could create and say – “look these are the T&Cs that were valid at the time you took the Credit Card. Prove otherwise” The word “reconstituted” has not been mentioned in any correspondence and maybe they are saving this for court but I would wonder if they could pick and choose UK Consumer Credit Acts that would form part of the S78 Process. Comments welcome Uncle. JR
  2. Morning Folks I had a credit card agreement sent to me by a chasing solicitor (for Middle East Debt) which shows my original application for a Credit Card. Signed etc It was received 6 months ago and looked like a dubious copy. I have asked for a better copy and I was sent what they termed a "cleaned" copy Can someone explain what this term is i.e cleaned ; though similar to the initial document its not the same document i.e it looks like its either an attempt to be a copy or this term "cleaned" copy means something else and that there is no forgery/fraud issue. If someone could explain. Doc 1 = Initial Copy Doc 2 "cleaned"= Very different to Document 1 Cheers Jolly Rodger
  3. Should do with any money that you have left, after paying any mortgage. Uncle - Understood. The internet can be truly wonderfull and terrrifying at the same time.
  4. Many thanks Citizen BI signed up for alerts just to know whats going on.
  5. Morning Uncle and Other Peeps I’ve been reading up on charging orders against the home and panicking a little. Do you know if it’s possible for me to contacting my exiting UK credit card companies and have the credit cards secured against my home? My thinking being –Equity is 50k (example)Split equity between wife and I. (assuming we sell house) I have 25k as my cash assets. My UK credit cards are secured against this and they are paid of and whatever left can go to the UAE bank. Let me add that we were going to sell this year anyway and so the house will be sold but I just want to minimise what’s CWD get? Also on the Land Registry – Is there any online free searches where you can see if anyone has applied for a charging order; even though they must inform you.? Any advice appreciated. JR
  6. No the debt would potentially be against myself.Wife has no participation.The bank did say the equitry or mortage can be transfered as long as thge wife can proove she can afford it.But she is a stay at home mum and I was merely trying to potect any equity that someon may come after (rightly or wronghly)
  7. Hi Folks My wife and I have a joint mortgage.Barclays UK – repayment.She is a stay at home mum and very good at this :-)I pay the mortgage. Happily married. /p>I may have a situation where someone may try and secure the house for a debt; (secured creditor) Can I in any way prior to this– 1. The house is transferred to my wife so I have no claim to this. 2. So I have no legal claim to the house and so that I have no sellable assets. 3. To stop possible dodgy creditors taking my house. 4. I continue to pay the mortgage. Appreciate any advice? Thanks Jollyrodger
  8. Lil21 Whats your next stage? They came back with the information to you very quickly- Yes. Whats your next step? Thanks Jolly Redger
  9. Hi UncleMany thanks. Ive read many of your posts over these threads. I took the template from one of your posts :-)I guess so. I dont mind going I not an agreement on debt repaymnets but tahts way of. My I ask how I would check if my UK credit cards e.g MBNA are a secured creditor before people like CWD? I believe Mortgage is first. And then CWD would be next unless someone is in there beforehand e.g Credit Card Company 1 etc If worst came to worst I would rather have all UK debts paid/cleared albeit I would be bankrupt Uncle- Is it relevant to use the CCA template on the CAG forum or would CWD uickly come back and say its not relevant ThanksJR
  10. Indeed I have that copied and drafted. Did Cazar every sort out a sort of CWD advise forum/blog?Thanks The Pirate
  11. Hi - Citizen BI have a good look round and it would seem there are many people who are having such issues. thanks for the quick reply. ThanksJolly Rodger
  12. Dear Members I left Dubai in 2014 and due to unfortunate circumstances I did leave Credit Card debt behind. (long sad story) I did not fancy jail as I do have two small kids under 7 and Im happily married. (until she reads this) Last Payments made between September - December 2014 Coyle White & Devine have written their standard letter and have given me 21 days to reply. (see later below wich has some specifics edited out) They want immediate payment for their client in UAE and have given me two options. 1 -Debt Recovery Proceedings to be issued before Northampton (CCMCC) 2- Bankruptcy proceedings to be issued before the nearest county court to my home with insolvency jurisdiction I immediately lost 6 pounds in weight when I read this. First thoughts 1.Ignore CWD 2.Get house that I have in wife’s name 3.Sell the house and have a party 4.Get advice I immediately thought the worst that they would come in ; my house would be sold; mortgage settled and they take their money and then im screwed. I realise this is the worst case and I know may people on here have raises posts but I really would like to know what the best next step is. I was going to write and ask for the following-- --SNIP-- --Ask CWD for written confirmation from the Dubai bank that CWD are legally authorised to act. Ask CWD for a copy of the original agreement that the Dubai Banks claims to have had with you. Also a copy of the last statement of account from the Dubai Bank. Also confirmation from the Dubai Bank of any Court judgements they have obtained in Dubai regarding the alleged debt.- ---SNIP--- -Can anyone give me some real advice? Q1 - In regards talking my name of the mortgage; is this possible or advisable? Q2- If the worst case happens (doom and gloom merchant) how would I get my credit card companies to be the next creditor on a list for my house sale No1 = Bank No2 = Any Credit card companies No3 = CWD gets what’s left if any We were going to sell our small place in the summer ; not huge equity and help it clear our debts (not Dubai debts) and start afresh. I realise I have asked many questions and In really wuld appreciate some advice. If I have to have a solicitor I would prefer it be a recommended one in dealing with Coyle White Devine Appreciate any help and advice.Jolly Rodger - --------------------------SNIP--------------------------------------- Dear Sir Indebtedness to “Insert Crappy UAE Bank Here ”We act on behalf of DODGY UAE Bank , based in Abu Dhabi in the United Arab Emirates (“UAE”). We have been instructed by our client to engage with you and to make arrangements for the repayment of your credit card debt to our client. We hope that you will engage with us for this purpose. If you do not, then we have instructions to commence legal proceedings against you which, regrettably but inevitably, will result in your liability increasing by reason of the contractual costs indemnity (“the Costs Indemnity”) which was agreed in writing with our client when you applied for (and obtained) your banking facilities. In terms of prospective legal proceedings, please note that our client’s position is fully reserved in terms of the choice between: (a) Debt recovery proceedings to be issued before Northampton (CCMCC) county court; or (b) Bankruptcy proceedings to be issued before the nearest County Court to your home with insolvency jurisdiction. Regardless of the above choice of legal forum (and whilst stressing again that we hope court proceedings can be avoided through engagement and negotiation) we ought to clear up a common misconception which has arisen in the course of our debt recovery work for this client and for numerous other client banks operating within the UAE. Whilst the terms under which you are indebted to our client are governed by the laws of the UAE, our client is free to (and does) pursue legal proceedings in numerous jurisdictions around the world. An express term within the contractual terms and conditions to which you signed up and agreed states that no single court (whether in the UAE or elsewhere) has “exclusive” jurisdiction to determine these credit card debt claims. Based on expert evidence given on the applicable laws of the UAE by Baker & McKenzie Habib Al Mulla (leading lawyers in the UAE) we are currently securing an average of ten judgments each month before Northampton (CCMCC) County Court. In relation to your indebtedness, we have satisfied ourselves that your liability to our client is immediately due and owing and, as such, legal proceedings can be commenced in the UK at any time .However, as we have stated, we hope that legal proceedings can be avoided and that, instead, you will engage with us and agree to the repayment of your liability. To this end, we are able to give you 21 days from the date of this letter to make proposals to repay your debt which currently stands at AED XXXXXX . If the above indebtedness is paid in full to our client within 21 days, then no additional liability for our legal costs will arise under the Costs Indemnity. However, this concession will only be made available to you on these terms and for this period – so without operating in any way as a waiver to the terms of the Costs Indemnity. Beyond this 21 day period, but before legal proceedings are commenced, a fixed legal charge of £xxxx will be applied to your account. Once Proceedings are commenced; legal costs are charged on a “time spent basis” with court fees and disbursements added to our time charges as and when they are occurred Please note that all settlement monies need to be paid in Dirhams to our client directly. Companies such as Western Union can make the necessary arrangements on your behalf once settlement terms are agreed. When this stage is reached we will provide you with necessary account details within our clients debt recover operation in Dubai. Mr Pail Coleman has been allocated to your account. Please make written repayment proposals to Miss Perry by no later than close of business on xxxx (21 days of recipet)Mr Coleman’s email address is set out above if email communications are more convenient for you . We look forward to hearing from you. Yours faithfully --------------------------SNIP---------------------------------------
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