Dubai debt issues

[steampowered]

I imagine there are letters about the charging order waiting for you at your last known UK address.

[layercake1]

I am sure they send letters too...Whether everyone reads them because they don't know what they are is a different story.

[DD11]

I don't know your history layer cake, can't find it on this thread but did you buy a property in Dubai by way of mortgage and then leave and default? And so the morgage provider have now placed a charging order on your UK owned property?

[layercake1]

Hi DD

No six year out credit card debt from Dubai has just resulted in an second charge on my UK mortgaged property by CWD.

[layercake1]

I am a UK property owner who also lost my job in Dubai in 2007.

 

The sad news is despite this being UAE international debt Coyle White Devine has filed a second charge again my title register although it doesn't tell me how much it is...

 

Any advice on how to deal with this please?

 

I have living in Europe for over two years and never saw any letters plus I think the process was automated through Northampton CC due to no response.

 

The debt is from Dubai EmiratesNBD from 2007.

 

The Interim charge is from November 2013 on my deeds.

I can PM the copy if you like. I only just noticed it.

 

I have not received any post because I have been in Europe for 2 years so was a shock.

I think the UK solicitor acting on behalf of the UAE banks.

 

I was advised on getting it set aside but I need more advice on what defence? Juristiction or non-receipt, knowledge of any debt.

 

CWD letter potential to complain to FCA?

 

**Companies need to consider any third parties which they outsource credit related activities to. – Do these third parties have the requisite permissions in place? Are they acting in accordance with the FCA’s expectations and requirements? How do companies satisfy themselves regarding this?

 

YOUR NAME AND ADDRESS.**

 

FAO Ray Watson

 

Dear Sir

 

I wish to make a formal complaint about a company called xxxxxxxxxxxx (CWD etc) I have recently received a statutory demand which I intend to set aside due to a major dispute / which I have set aside in my local court, and despite (no response from xxxxxxx / them not appearing in court) / to which I have not responded, and it is clear to see that as the time has run out to present a bankruptcy petition / It should be mentioned that at no time have they attempted any kind of personal service which I believe is an integral part of the Insolvency procedures. I feel they have used the demand as a debt collection tool.

 

I understand that another debt collection agency were given 'requirements' by the Office Of Fair Trading back in 2009. In your requirements imposition you clearly stated to 1st Credit that.

 

refrain from issuing statutory demands warning of bankruptcy where it is unlikely that proceedings will be initiated

 

Can you please clarify to me if I am correct in stating that all debt collection agencies compliance departments should comply with this ?

 

I realise that you will not be able to get involved in individual cases, but I would like to bring this to your attention.

 

Yours sincerely

[citizenB]

I will try and find someone who can help

[AndyOrch]

Thread moved to Financial Legal Issues.

 

Regards

 

Andy

[steampowered]

Hi there, you were previously advised that you needed to obtain a copy of the CCJ documents (http://www.consumeractiongroup.co.uk/forum/showthread.php?404616-Dubai-Debt-Recovery-by-UK-Solicitor&p=4515802).

 

Did you ever contact the court or the claimant's solicitors in order to try and get a copy of those documents? It will be extremely difficult to do anything if you don't have basic details like that case number, the date and the amount. You will also want to know what the claimant wrote on their Particulars of Claim.

 

Your draft letter refers to a statutory demand. Have you received a statutory demand?

[layercake1]

Steampowered. I will do this when I can get back to the UK.

Thank you as you said before.

Separately can I complain to the FCA?

 

CitizenB?

 

Steampowered. I just read this.

 

Once a statutory demand has been served, a bankruptcy petition must be presented within 4 months, failing which, the demand will expire and the creditor will need to serve a fresh statutory demand on the debtor and start the process again.

 

I am pretty sure my SD was issued in November 2013 so must be expired by now....and I guess for now.

 

Is the SD automatically removed as well as my 2nd charge on my house?

 

Does anyone know the process on this please?

[unclebulgaria67]

According to the governments insolvency service SD's do not expire.

[layercake1]

This is from a solicitors...

Once a statutory demand has been served, a bankruptcy petition must be presented within 4 months, failing which, the demand will expire and the creditor will need to serve a fresh statutory demand on the debtor and start the process again.

 

Also this sep solicitor...

A Statutory Demand has a pretty short shelf-life too. If a Bankruptcy Petition is not issued within 4 months of service, the Statutory Demand expires.

 

That said, if a Debtor simply refuses to pay a debt which is undisputedly due, Statutory Demands work.

 

The mere threat of personal insolvency still strikes fear into the heart of most people.

Many professionals, such as solicitors and accountants, can not practise their careers if they are bankrupt.

 

In cash strapped times, when he who shouts loudest gets paid first, service of a Statutory Demand is high up the decibel level of debt recovery.

 

If you need to strong arm money you are owed out of a Debtor, and you know they can find the cash, Statutory Demands should be your first weapon of choice.

 

And...Another law firm...

 

I have a slight amendment to make - a statutory demand served on a company does not expire. The time limit for serving a Demand on an individual is 4 months from date of service. I misread that part of your question for which I apologise.

[steampowered]

The Statutory Demand has nothing really to do with the charging order, which I assume exists.

 

The purpose of a statutory demand is to allow the presentation of a bankruptcy petition if the demand is not satisfied. I assume the SD was issued following the CCJ (but that assumption is not necessarily true).

 

The charging order would be a function of the CCJ, not a function of the statutory demand.

 

I'm a little bit mystified why you received an SD but did not receive any of the CCJ documents.

[layercake1]

The Charging order is from Dubai debt.

I thought ccj's were not available from international debt?

Thanks however.

[steampowered]

CCJs are available for international debts. They would need to have a CCJ first in order to get a charging order (assuming that what you are dealing with is in fact a charging order).

[layercake1]

Aaaah that makes sense.

Thank you.

[DD11]

Hi layer cake. What is happening with your situation? Anyone else got any more updates? Thanks

[layercake1]

Nothing yet.

Will apply to get it set aside asap.

Your news?

[Viachibchurn]

Hi layercake1, how did you get on?

[layercake1]

I'm being threatened with a possession order on my property in a letter dated 17/10/2014.

 

So I'm kinda screwed.

 

I've left a message on Peter's VM today asking for options.....

 

1/ £500 per month until £30,000 paid.

 

2/ £Sell the house and pay ASAP after sale.

 

Any idea on negotiations please when it comes to CWD?

[wangdoodle]

Can you post the letter/demand, did you take legal advice?...

[layercake1]

No legal advice except here.

 

How do I post or uplooad on here??

[wangdoodle]

copy paste, think that's how I put my CWD letter up in the first place

[layercake1]

I can't because it's a jpeg.....

 

In a nutshell pay £30k or they will ask client to push for a possession of sale!

 

Has anyone else had this?

[wangdoodle]

can you hard key it....?

I can't see how they can do this under UK law, it contradicts completely,

 

 

I know a Cpl of guys who just ignored the first letter from CWD and they never heard from them again...did you engage with them initially?

[layercake1]

The 2 charging orders went on automatically around 12 months and 1 month ago.

 

I've emailed CWD saying I've been away abroad and not seen them.

 

If they push for a sale order surely UK unsecured debt comes before UAE debt? Right or wrong?

 

Therefor a order of sale would get them a few grand......