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 -
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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
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