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    • Right... Misuse of Facility is a Cat 6 and is considered the worst out of all of the CIFAS Categories for CIFAS Markers.  However lets see what happens when MCB come back to you. Make sure you refer it to the CEO.    IF YOU DONT HAVE A VALID REASON FOR THE ISSUE WITH PAYMENTS ETC - Then the marker will stay.   
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    • Oh dear.. Misuse of facility...  Cat 6... No wonder everything is being nuked from high orbit... More in a bit.. 
    • Thank you fkofilee First question: what do I do if Monzo close my account? I need an account but no one will touch me with this marker against me. Is there anywhere/any other option that I have if Monzo close my account? MCB is My Community Bank?  Yes What Category of Marker do you have? This is what it says on the Cifas SAR: Application date: 07 December 2023 Date recorded: 09 April 2024 Expiry date: 09 April 2030 Cifas Case Identifier: 15435315 Product relating to the application, proposal, account or facility: Personal Loan – Unsecured Facility: Granted Case type: Misuse of facility Reason(s) for filing: Evasion of payment Financial Loss Value of Loss: £5000.00 When did you raise the complaint? Last night via email Do you have Correspondence / Audit Trails of communications showing that you were in severe financial strain due to an event AFTER you took the loan? I can prove that I had to buy a new washing machine, I have my pay slips showing the emergency tax code and a letter from the tax office after I had spoken with them to get it corrected and of course I can get a copy of my vet bill. And all of this was in the first 2-3 months of 2024.  I panicked. Stupid I know and as you say, I have learned the hard way and I am not in any way denying anything that I have done wrong, but it just feels a bit unfair.  It is what it is I guess and if I have to have it on me forever then so be it. I am just so worried about the bank situation 😕    
    • If it is MCB    National Fraud Database Members | Preventing Fraud Losses | Cifas WWW.CIFAS.ORG.UK A range of organisations use the National Fraud Database to share data on confirmed fraud cases, preventing over £1 billion in fraud losses every year.   They are on the register  
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Can I be sued for Dept in UAE


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Just out of interest, which countries do have reciprocal agreements with the UK?

I have had personal dealings in the areas I comment on, however, I am not a lawyer. Any advice I give is without prejudice and is merely my opinion based on the information I have gleaned from my experiences, understanding and interpretation of the law. You should always seek the advice of a qualified legal professional.

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Just out of interest, which countries do have reciprocal agreements with the UK?

 

Antigua and Barbuda

Bahamas

Barbados

Belize

Bermuda

Botswana

British Indian Ocean Territory

British Virgin Islands

Cayman Islands

Cocos Islands

Republic of Cyprus

Dominica

Falkland Islands

Fiji

Gibralter

The Gambia

Ghana

Grenada

Guyana

Hong Kong

Jamaica

Kenya

Kiribati

Lesotho

Malawi

Malaysia

Malta

Mauritius

Montserrat

New Zealand

Nigeria

Territory of Norfolk Island

Papua New Guinea

St Christopher and Nevis

St Helena

St Lucia

St Vincent and the Grenadines

Seychelles

Sierra Leone

Singapore

Solomon Islands

Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus

Sri Lanka

Swaziland

Tanzania

Tasmania

Trinidad and Tobago

Turks and Caicos Islands

Tuvalu

Uganda

Zambia

Zimbabwe

 

Australia

Canada - Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, North West Territories, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan and the Yukon Territory - and any judgment made by the Federal Court of Canada

Guernsey

India - States of Andhra Pradesh (excepting the Scheduled Areas), Assam (except the Tribal Areas), Bihar, Bombay, Kerala, Madhya, Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh and West Bengal; and the Union Territories of Delhi, Himachal Pradesh, Tripura, Manipur and Andaman and Nicobar Islands and any judgment made by the Federal or higher courts

Isle of Man

Israel

Jersey

Pakistan

Surinam

Tonga

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  • 2 months later...

So can they not sell the debt from the UAE to another company in the UK and chase the debt there? I have read some people having this problem. Or is is just a case of them sending threatening/bullying letters in the knowledge that some people will pay up?

 

thanks for this

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So can they not sell the debt from the UAE
Technically yes if a UK company was daft enough to buy it. The new buyer would not be able to enforce payment of the debt because a UK court does not have the legal jurisdiction to hear the case.
Or is is just a case of them sending threatening/bullying letters in the knowledge that some people will pay up?
Exactly. ;)
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OK it's just that, in my case, I have some debt with a UK company, HSBC in the UAE. So they may not actually have to sell the debt to a UK company because it is a UK company. Albeit in a different jurisdiction. Also, I have used my UAE card in the UK as well, until it maxed out because I had to find a job and somewhere to live when back in the UK, and it took some time while without an income. I treat this different from my UK debt which I am planning to pay back, but both debts came as a result of loss of employment and illness.

Edited by mariann
clarification and spelling
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It's complicated but it would depend on your agreement you signed when you took the card out. If it was taken out in the UAE it should have stated in the contract that it was subject to UAE law but there is a possibility it states UK law. Personally I would leave this until they contact you & then ask them for a copy of your agreement to see what the jurisdiction is.

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Thanks for this I will leave it up to them to contact me. In the mean time I will see whether I have a contract as I usually keep things like that so will read it and see whether it says UK or UAE.

 

Thanks again

 

Mariann

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  • 4 weeks later...

I have now had a look and I do not actually seem to have the original contract so can not see whether it was taken out under UAE law of the UK law. Another question I have is I know I have that debt which amounts to a few thousand pounds so not huge, but I dont know whether they have taken legal action against me as I have left the country (the UAE) and also, whether they have imposed a travel ban on me. The reason I am asking this is because I need to go there and/ or other GCC countries with my job, and so need to find out whether there is a travel ban on me. Would Embassies be able to provide me with this info? If I get a visa from the country where I am now, will that mean they will let me in? Also, it might be that I am not allowed in the UAE but can go to other GCC countries.

 

Also, whati s the worst that can happen if I try to enter the country?

 

I have read somewhere that the only way to find out is to employ a lawyer in the UAE who can look into it but I can not afford that and also, if there is a register or whatever I can call them myself.

 

Any advice on this would be greatly appreciated.

 

Mariann

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Also, whati s the worst that can happen if I try to enter the country?
Debt in the UAE is a very different to debt in the UK & if a complaint has been made you would be liable to immediate arrest & imprisonment. Even if you were given a visa it does not mean there wouldn't be a welcoming party at their immigration.

 

Surely you have heard of cases which have occurred their recently?

 

Have a look here; http://www.dubaiforums.com/dubai-expat-help/can-leave-country-with-debt-t22863.html

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I know its different, what I want to find out is whether there is a way to find out whether there is anything against me and if so how long is it valid for. I am not planning to go to the UAE however I need to go to other GCC countries with work, and I understand sometimes they apply the travel ban to the whole of the GCC. There must be a register or a way of checking where I stand though?

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Thanks for this. I have been researching the UAE situation online it's just that they all seem to be saying things that contradict each other, and the other thing I have been told is to get a lawyer to sort it, which I can not afford. Another thing I have heard is that there is no regulation in the UAE so that bank interest can go up and up so that I basically do not really stand a chance of ever paying it back because it could be huge by now. I will join that forum and try to clarify it though.

 

My first priority is the UK debt though, definitely.

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By reciprocal agreements we mean that court orders in one country can be heard in the courts of another?

 

Assuming UAE is like UK, in that a CCJ can only be lodged if you are resident in the country, if you leave before one is made presumably it will be difficult to enforce the debt when you leave UAE...

 

...with regards to whether you'll be arrested/imprisoned when you return to UAE I don't know!

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By reciprocal agreements we mean that court orders in one country can be heard in the courts of another?
They can be enforced in another country with their court's permission.
Assuming UAE is like UK, in that a CCJ can only be lodged if you are resident in the country, if you leave before one is made presumably it will be difficult to enforce the debt when you leave UAE...
It's a totally different kettle of fish in Arabic countries, their legal system is nothing like the UK's. There are no reciprocal agreements between the UAE & the UK so nothing from there can be enforced in the UK & a UK court does not have the jurisdiction to hear the case independently in the unlikely event they attempted to bring an action here.
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