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    • Easywayout
      UAE Debt being chased in UK, chasing my employer how to stop this?

      By Easywayout · Posted

      Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called.    I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job.    However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still have sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 
    • Easywayout
      Dubai debt transferred from IDR to J&P

      By Easywayout · Posted

      Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called.    I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job.    However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still have sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks,  Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called.    I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job.    However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still have sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 
    • dx100uk
      Lowell/Overdales Claimform - old HSBC Credit Card Debt

      By dx100uk · Posted

      Date of issue –   13 may 2024 AOS date 31st may defence filing date 14th june plenty of lowell card claimform threads here use our enhanced google searchbox Lowell card claimform id be reading at least 5-10 threads a day. do NOT MISS your defence filing whatever happens.  
    • Easywayout
      IDRWW/J&P - Emirates (HSBC) loan/Card

      By Easywayout · Posted

      Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called. I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job. However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still haven't sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 
    • NewsBot
      What new 'fair value' savings rate rules will mean for you - SYLVIA MORRIS explains

      By NewsBot · Posted

      The clock is ticking for savings providers. They now have just a few weeks left to get their act together and start offering loyal customers a good deal.View the full article

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Non-compliance Of Claimant's With Court Order

Cat Woman

By Cat Woman
in Debt Collection Agencies

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Cat Woman

Cat Woman

Posted
Posted

Hi,

We are the defendants in an ongoing case which has now got to the stage of abiding by the directions in the Judge's order by specific dates, etc. We've done everything we shoud have done thus far. However, the other side have done nothing - not disclosed anything at all, etc. etc. Everything we have written to the other side we have also copied to the Court, as instructed. A trial window is set for Jan 09 in fast track. The other side even contacted us for an extension date for disclosure of their documents - what a cheek! We are now in limbo & playing the waiting game. Surely the judge won't look at it any further if they've failed to abide by the Order. All this is, I might add, still with no copy of a CCA - which we have repeatedly requested since last March.

 

Is this normal legal practice????

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Lula

Lula

Posted
Posted

Well, I am a bit rusty at this, but if they have failed to abide by a court order then you can ask the judge to strike out the claim, usually however, the DJ will give them 2 more weeks. But I am sure that surfaceagent will be along at some point soon to clarify matters. It might help if you tell us why they have taken you to court, amounts etc

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Cat Woman

Cat Woman

Posted
  • Author
Posted

Hi,

Thanks. The details were in an original thread from months ago & I can't find it anywhere on the forum. Basically, the debt (personal unsecured loan) was from circa 1997 for just under 6K. Whilst we have made some payments over the years, due to one thing & another, the payments were sketchy and the debt got sold to various DCA's eventually ending up with arrow global who appointed Eversheds to deal with it for them and it is now in the hands of the court. As I said, there is no CCA, no evidence of debt assignments, etc.

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42man

42man

Posted
Posted

If they have not complied with the court order, then it might be a good idea to take the bull by the horns and send something along the lines of this....(obviously you will need to edit the below to suit)

 

Dear Sir/Madam,

Your help desk has informed me that my case has been stayed due to the fact that the Claimant has failed to contact yourselves within 28 days after receiving my defence.

On the 4th of April 2008 I requested under the Civil Procedure rules that the claimant furnish me with certain information (see attached letter) which would prove that they had the legal right to undertake Court action against myself with respect to the alleged debt as well as to permit me to submit an appropriate defence, to this date I have received nothing from the claimant.

In light of the fact that the claimant has failed to contact yourselves within the prescribed time period and has failed to provide me with the Statutory required proof that they can undertake Court action against me with regards to the alleged debt I respectfully request that the Court Strikes the Claim out

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creditcardmug

creditcardmug

Posted
Posted

You can make a formal application to the court to have it struck out on the grounds above, but it costs you £75 to do this, however if you succeed you can claim it back along with all your other costs.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Cat Woman

Cat Woman

Posted
  • Author
Posted

I know only the judge can decide, but what do you think the chances of it being struck out would be, given the info from our side. We did see a solicitor at a free legal clinic a while ago - although he didn't seem to be an expert in debt - but he said the chances were about 50/50, meaning it could go either way.

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creditcardmug

creditcardmug

Posted
Posted
I know only the judge can decide, but what do you think the chances of it being struck out would be, given the info from our side. We did see a solicitor at a free legal clinic a while ago - although he didn't seem to be an expert in debt - but he said the chances were about 50/50, meaning it could go either way.

 

If you did it, you cant be sure of the outcome, your only making a suggestion to the judge,he might strike it out, or he might make an "unless" order.

 

Im no legal expert i only go from experience and what i have learned on here,its something you could do if you are impatient, sometimes the court will do it of their own accord, its a bit of a lottery really.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Lula

Lula

Posted
Posted

I have seen and heard of cases that have been struck out for non compliance, I have also seen cases where one side has been given another week or two to comply and failed and then the case was struck out, as CCM states, it depends on the judges mood on the day, there is nothing to loose by going for it and everything to gain.

 

You never said, when was the last payment or acknowledgment of the debt?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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