Jump to content

Ally23

Registered Users

Change your profile picture
  • Posts

    41
  • Joined

  • Last visited

Everything posted by Ally23

  1. Right now I'm not concerned, we've spoken to a solicitor today and we are not doing anything until we've got an English copy of the contract with terms and conditions as this is the important part. Our solicitor does confirm a court would accept a translated version of what they have supplied but this needs to be notorised too. We are of course going to push ahead with the contract we signed in english. We are still fighting on the basis of UK statued of limitations has gone over the 6 years. I will post all the info as a soon as our solicitor has reviewed the documents and we are moving ahead.
  2. Yes it's a huge jump but it's considering the options. She is claiming just above £5k for the debt then adding costs etc and has threatened the high court. I'm quite willing to fight it based on the information she has provided to date. I couldn't do anything other than fight it as its not in English anyway! She states his signature on the Arabic copy is enough! Will see what she comes back with.
  3. Yes I've done that yesterday. I've also contacted a solicitor to see whether the information she has supplied to date would be enough for a court application if we were to defend. Surely the first defence would be we don't know is what she is talking about due to the documents being in Arabic! I mention his business because should this go against us and the bank wanted to petition for bankruptcy that would obviously cause a huge issue for him.
  4. Yes I agree. I can't see how she can file a claim without the English documents anyway. There are to many grey areas here. No signed English contract, the claim payments were being made some 3 years after we left and finally no proof these payments cleared to the bank. At least CWD had every piece of info! Even if we did owe any money I certainly wouldn't be paying anything without all the documentation. My husband is a business owner so it's a risk not to pay.and it be found in their favour in court. I'm still yet to understand how they can apply UAE law to certain areas of the contract and it be heard by a UK judge. Let's face it in the UAE beach of contract would land you in jail. Here you would have paid an early termination fee and fine and that would be it done!
  5. Reading this whole thread from 2015 it's clear the UK courts are accepting and acting on foreign debt. I'm not sure about the two who were made bankrupt if there debt was statued barred or what came of theit compkaining as the last post was 2015. I will now be seeking out advice from a solicitor based on the fact that this debt surely is subject to UK law as that is where they will be filing it in absence of a UAE judgement.
  6. No not CDW. She is a solicitor as I checked on her. She states she is working directly for the bank however Bilkish does pop up in her emails and some documentation then her solicitor details pop up in others. We did accuse of of being a debt collector and she wasn't impressed! They would have to provide those English documents to us also? How else could we defend the claim without them? She states she would have the Arabic ones translated when necessary? Surely it's necessary when you are asking for money. They are happy to negotiate the settlement if we do it immediately.
  7. So to confirm; They can serve us with a county court instruction (she states high court due to the amount). I'm still unsure how a UK court would apply the law on a UAE debt. As of now we have no contract and nothing in English. They said the Arabic copy would suffice but I don't know what it actually does say. They claim the last payment is January 2011 therefore within the 6 years however I know the bank account was inactive from March 2008 due to the previous debt and bounced cheques. They have not provided a bank statement of account. I also presume the information they have provided us with is what we would go to court with. Are they under any obligation to provide anything else. I've requested a copy of everything the bank holds. I of course would defend the claim, no sales contract in English which states they can chase outside of UAE,, 8 years since we left Dubai, no judgement in Dubai and finally both debts (including the one we paid) had our UK address on the application so they could have chased well before now.
  8. No judgement in dubai has been entered. Instructed to chase through UK court by client. They seem to think our last payment was Jan 2011 therefore statued does not apply. We left in 2009. No English copy of sales contract available and nowhere does it say in English the paragraph abut having outside the UAE So if I'm correct if there is no acknowledge of debt by dubai court a UK court wouldn't entertain this?
  9. Thank you I will reply once I've recieved the English version of the documents. Yes it was car finance and they are asking for just over 5k
  10. They've sent through everything apart sales contract in English so I've asked for that. The majority is in Arabic (insurance docs; credit approval, copy of some cheques. She states in her letter if this is not resolved she will issue high court proceedings on the 31st Jan.
  11. Looks like I'm the only one having dubai debt bother- which is good (in a way) So solicitor is start CC action at the end of the month as we've not responded to emails we've not received even though she's had the contact number but hasn't used it as she's been on holiday in dubai for a month. I want to fight it but my husband thinks it's best just to pay. Sure after 9 years statued barred should absolutely apply?
  12. Looks like I'm the only one having dubai debt bother- which is good (in a way) So solicitor is start CC action at the end of the month as we've not responded to emails we've not received even though she's had the contact number but hasn't used it as she's been on holiday in dubai for a month. I want to fight it but my husband thinks it's best just to pay. Sure after 9 years statued barred should absolutely apply?
  13. CWD had all our info about Dubai debt. This solicitor however is slow and just hasn't responded at all!
  14. Will keep you posted when she sends the information and see what it is they are claiming for. Right now the account number she has sent is not relating to our car, maybe that's what's taking so long! Thanks guys much appreciated.
  15. No we didn't. We were told it was your debt, that would be hard to defend but they did say they hadn't dealt with any overseas debt and they were only going off research. They couldn't find any cases to compare. At the time it certainly wasn't worth the risk of being in that much debt if we lost. Crazy there isn't more experience solicitors or cases to compare. I have read something today about a guy who did fight it using a solicitor and our 6 years but the judge ruled in favour of the Middle East using their 15 years.
  16. No it didn't but at the time we spoke to a solicitor in the UK at length and it was no guarantee of beating them and the risk of the amount being double through legal costs if we lost. Bankruptcy was not an option due to my husband co-owning a business. On the first car we were initially chased by a debt collector who we ignored. By the time CWD got involved the debt had gone up £2k. CWD would not negotiate. Our solicitor said if it had been over the limitation we may have used that but at the time we weren't there. I'm yet to read anyone being successful when going to court. I just don't want to find myself in the position of owing more money in a years time. The limitation is 15 years in Dubai, I do wonder if the UK court actually uses any of our laws in our favour!
  17. Quick question as I've already been through this process with CWD 2 years ago and I paid. Second debt request for our other car has hit in the way of a phone call from a very helpful and friendly solicitor (who knew they existed!) at Stockslegal limited. She said the bank would be willing to negotiate if we paid in full. I'm not going to ignore it as I did that before and CDW added £2k to the bill! I want to be on top of this. Left in January 2009, can we simply use the 6 year limitation as a defence? I understand it's a UK debt but being heard in a UK court, surely has to have advantages? In the meantime I've asked for all info and strangely have not had even an acknowledgement of the 2 emails I sent in response to her letter stating I had 7 days to reply or court action. CWD were all over the correspondence!
  18. Great update! I certainly wouldn't worry about your issue, you can't possibly loose if you can prove its not your debt! You are claiming fraud it's surely the Dubai bank that needs to investigate! Good luck and I look forward to your update.
  19. Any update from Layercake? Hopefully Dalesford, you will update us after the 10th! Good luck!
  20. Who knew hiring a solicitor would make things more difficult.. . So back and forwards the bottom line is - yes they are winning judgements - it's presumed by people not fighting them however, they are getting through the initial stage with the Dubai documentation. Until some case are actually won against them solicitors are reluctant to offer their services because a debt of some sort is owing and unless you've got nothing to loose you are risking loosing everything by fighting it. Don't be disheartened though, look at the guy above who's fighting and already won the first step! I truly hope his becomes the case law we are waiting for. CDW have been professional in dealing with us however there has been no scope for negotiating. Pay it all or court. I have not been able to use my solicitor as yet because if they sent a letter acting in our behalf CDW would serve them with notice, they then have to hire a barrister to go to court to say they should not be served so there is £700 before you start. But that's not to say once served the solicitor can't act on your behalf. It's a matter of time for this firm of solicitors! I look forward to reading about them in the newspaper!
  21. In this case can the debt help companies not intervene and make a reasonable repayment plan, surely it shouldn't be down to CDW to decide? Especially if their amount will put you in financial difficulty?
  22. Layercake - certainly sounds like you need to try and set aside the judgement but also seek some advice. I agree when I tried to find a solicitor with foreign debt experience it was a needle in a haystack! I still haven't found one even after using the law society, debt helplines etc! There is bot all online and all these people in the same boat can't actually recommend anyone either! No one can tell you not to worry, I'm worried and I'm only at the first letter stage! Keep you chin up, there are people and organisations that can help.
×
×
  • Create New...