Dubai debt issues

[unclebulgaria67]

So did they get this by default because you did not defend the claim ?

 

Have you tried to set the judgement aside ?

 

Have you seen a Solicitors about this and if so what did they advise ?

[layercake1]

By default....

Trust online I just did found 1 - 23/07/14 £7,526 Unsatisfied Judgment

But I've 2 totalling £37k on my land reg deeds

 

So did they get this by default because you did not defend the claim ? - Yes

 

Have you tried to set the judgement aside ? - No because I was waiting for case updates from other members

 

Have you seen a Solicitors about this and if so what did they advise ?

- No because I can't afford one.

 

So did they get this by default because you did not defend the claim ? - Yes

 

Have you tried to set the judgement aside ? - No because I was waiting for case updates from other members

 

Have you seen a Solicitors about this and if so what did they advise ?

- No because I can't afford one

[unclebulgaria67]

According to another post you made, there was a CCJ from Dartford court in January 2013.

In April 2014 you said you were in Romania and had only just found out about it.

 

You were advised to get the CCJ set aside or get advice about how to do this ?

Did you ever do this ?

 

Where were the court claims sent to ?

If it was not to a UK address you lived at, then you may still be able to apply for a set aside.

But it may be declined due to the delay.

[layercake1]

Uncle BG can you send me please to [edited] your email so I can send you the CWD attachements?

Edited October 23, 2014 by honeybee13

[unclebulgaria67]

No I won't be sending any email address. This is a self help site. If you want help, post them to this site with anything that identifies you removed.

 

You can obtain all the documents relating to the court claim from the court using CPR 5.4. You send them a request letter with the fee which was £11 and they will send you all the papwork for the claim. http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05

 

If the court claims were send to a UK address where you could not have defended the claims and you can evidence you were not in the UK, you may still be able to apply for the set aside. But you might have to make some points of dispute regarding the debts so they can be looked at.

[layercake1]

Uncle BG......

I've asked CitizenB to put them up because I can't delete and I think it will be up later.

I want to tell you something which I can't post which may help...

 

Even if it was set-aside CWD will just reapply...surely?

[unclebulgaria67]

Yes, but with a foreign debt in dispute, you might be able to see them off.

 

You really need to be posting to the legal forum on CAG.

I am no legal expert.

 

To be honest I don't think you will get proper legal advice here.

You need to see a Solicitors that deals with Dubai debts with all of the documents.

Law Society might be able to give you details of Solicitors.

 

Tell Citizen B and he can pass on if he feel relevant.

Others on CAG are better placed to help with legal issues.

[layercake1]

The Law Society might be able to give you details of Solicitors

- They don't...because it's a grey area.

 

Uncle All I want is help and advice on negotiating sensible monthly payments so they don't bankrupt me.

 

I think this is my only option as I don't have any savings.

 

This is causing me great depression.....all I want is advise on negotiating a reduced amount on a monthly basis.

So I can keep my house

[unclebulgaria67]

All you have to do is write out a rough income and expenditure sheet, which will show how much you could afford to pay per month. Then send this with an offer of payment in writing to CDW by recorded delivery. It then makes it very difficult for them to bankrupt you.

[citizenB]

layercake.. here are some of the documents you emailed me.. edited.

 

I have also converted the emailed conversation into pdf for you.

 

I have asked one of the other site team to edit the other 3 documents for you.

 

I have also left a message for steampowered who might be able to help.

 

I am just the gopher/ tea lady.. so this is quite outside my knowledge.

Edited October 23, 2014 by citizenB

[layercake1]

Thank you UncleBG.

I want to sleep at night....

I still to this day can't believe that I could have stayed in Dubai without a cold prison cell.

 

Does anyone have any good websites please for template letters?

[Ally23]

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.

[BRIGADIER2JCS]

Thank you UncleBG.

I want to sleep at night....

I still to this day can't believe that I could have stayed in Dubai without a cold prison cell.

 

Does anyone have any good websites please for template letters?

layercake please keep the questions on the open forum.

 

 

In response tom your last PM on payments you will have to work out an I&E statement to see what you can reasonably afford to offer as monthly payments, but from what I gather from the information so far it is unlikely that

small monthly payments will be accepted.

 

 

It also appears that a " forthwith" order was made by the court, which went unchallenged hence the CO.

[steampowered]

Hi, its easier for those helping you if you stick to the same thread (other one is http://www.consumeractiongroup.co.uk/forum/showthread.php?421916-Dubai-debt-issues/page2.

 

It now no longer matters that the debt relates to Dubai. Their claim against you is no longer based on the Dubai debt. It is based on the CCJ which is a court decision resolving the issue of whether or not a debt is owed. Since they have a charging order they will be a secured creditor. This means that, if the house is sold, they will get paid after previous secured creditors (i.e. your original mortgage lender) but before anyone else.

 

The CCJs are now over a year old which means they would be very difficult to challenge now. If you want to try then I think you would need to get a solicitor to help you.

 

It sounds like the creditor already has a charging order over your house and has applied for an order for sale. It is this that you really need to focus on. This is not included in the documents posted above. Do you have a hearing date? Do you know what is the status of this application?

 

If you don't know, then you need to find out urgently. You do not want to be in a position where you don't know about the court hearing because the documents are being sent to a wrong address, and the judge orders you to be evicted because he thinks you couldn't be bothered to turn up to the hearing. If you aren't getting the court documents you need to urgently ask CWD and the court for them, and find out why - if the court is sending things to the wrong address you need to give them the right address.

 

The courts generally will not grant an order for sale if repayments are being made towards the debt. You can try to agree repayments with the creditor, or you can ask the court to set repayments at an amount you can afford. You can also consider alternative options for dealing with the debt, try contacting nationaldebtline.

[steampowered]

Guys.

In reference to force of sale / bankruptcy costs...what would they come be please?

I'm simply asking because the maths just don't work....

 

I can start the list in the right pecking order

 

1/ House Auctioneers Fees - 15%

2/ Bankruptcy Fees - £1,000

3/ Other court fees - £???? (Idea?)

4/ HMRC - £

5/ UK Mortgage - £

6/ UK Unsecured

7/ ?

8/ ?

9/ ?

10/ C W D - Charging Orders (Dubai Banks)

Basically, your previous UK mortgage will come first. CWD will come second in respect of the CCJs secured by their charging order. All other creditors share the rest.

 

There should be no bankruptcy fees for an order for sale, as it is not a bankruptcy process.

[layercake1]

So I'm screwed then.

CWD won't accept reduced payments?

I don't have £32k.

[ims21]

No you are not screwed. Did you read the post by steampowered properly?

 

You ask the courts to set an affordable repayment.

[layercake1]

The courts generally will not grant an order for sale if repayments are being made towards the debt......I can do this monthly!

[Ally23]

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?

[layercake1]

All I want to do is write to CWD and offer monthly payments now I've a new job....is it too late?

 

No you are not screwed. Did you read the post by steampowered properly?

 

You ask the courts to set an affordable repayment.

 

OK - Can you please help me with a letter in reference to this?

 

All I want to do is focus on my new job so I can not be bankrupt and to keep my house...with sensible monthly payments....so maybe £500 per month

[renegadeimp]

Can you realistically afford 500 a month?

[layercake1]

Or maybe a letter template? Thank you.

 

Yes with my new job I can afford £500 per month from my 1st pay cheque.

 

Yes...I can....with my new job.

 

So I can send the letter tonight.... :0)

 

Any thought on how to compose it please?

[citizenB]

layercake, you will need to be a little patient... those who are advising will help as soon as they can

[layercake1]

I'm sorry.

[citizenB]

No worries.. we do understand that you are worried and want to address this as soon as possible.