Dubai debt issues

[layercake1]

Definitely......I want to get my life back on track.......x

[renegadeimp]

You say £500 from your first pay packet. Can you afford to keep that repayment each month without it lapsing? As the creditor would want consistent payments.

[layercake1]

I can pay £500 per month as I have no children.

So yes 500 per month is achievable without lapsing...

The 2nd charges would come off after completed?

Also maybe on a reduced amount instead of £30k? - Maybe £15k?

I'm thinking out loud.......here for the letter?

[renegadeimp]

Can you afford it after your mortgage/rent water council tax, food etc are all accounted for? You need to make sure y ou can REALISTICALLY afford it without neglecting your other priority creditors and not leave yourself living on bread and water and not able to socialise.

[layercake1]

I can if I am working and renting my 2 spare rooms out......so yes.

[unclebulgaria67]

Don't make payment offers you cannot stick to over a long period of time. If you over offer and then miss payments you are giving them the opportunity of taking this further. Better to offer a lower amount and then to make sure you always pay it on time.

 

National Debtline have loads of information and letters you can use.

 

https://www.nationaldebtline.org/EW/sampleletters/sole-letters/Pages/default.aspx

 

If you are not sure, give them a phone call tomorrow. You will find them helpful and it will give a bit more confidence in dealing with this.

[layercake1]

I can't call them because tomorrow my boss is back.

I will compose a letter tonight.

[ims21]

layercake....have you actually sat down and prepared a realistic Income and Expenditure Statement.

 

Or (forgive me for this) have you just plucked a figure of £500 out of the air being in a state of panic?

 

As has been said, you can always apply to the courts to achieve a realistic, affordable and consistent repayment plan. When once this is ratified by the courts then you will be able to rest a lot easier.

 

The repayment plan could state (for example) that you will make a one off lump sum payment of £500 followed by regular monthly payments of £250.

 

The first thing to do is prepare a realistic and honest Income and Expenditure statement.

[layercake1]

Guys you have all been awesome.

Tomorrow i I will contact the national newspapers because Coyle White Devine have taken this too far!

 

Although I admit I went to work in Dubai in 2007 for a better life, I did NOT go there to defraud the local banks.

Also although I admit I got in to debt, the AMOUNT disputed is absurdly high.

I did NOT know bouncing cheques / debt was a criminal offence. I wish I knew this before I left.

I worked in real estate which OVER NIGHT collapsed. This was unprecedented.

25 sales guys including me were fired the next day!

What choice did I have? Leave asap. Or die in a UAE jail? Fact.

Therefore Coyle White Devine have no interest in the facts, only your fees. Morals? CWD clearly very little.

[stu007]

Here are the edited PDFs:

[ims21]

Are you actually reading and acting on the help you are being given here on this thread?

[layercake1]

Are you actually reading and acting on the help you are being given here on this thread?

 

Yes of course I am.

But except sensible repayment options I have no other options.

Set aside is pointless as they will resubmit it.

I feel so depressed because my house is all I have.

UK debt charities are clueless. It's a grey area.

 

I sent CWD a repayment offer by email but I honestly don't they care!

 

They would rather see me homeless at Christmas.

[ims21]

So when are you going to sit and do your I&E.

 

What are your thoughts on applying to the court to set the repayment schedule?

 

I am not sue that we are talking about a set-aside.....I think steampowered has addressed that point.

 

I can understand that this is a difficult time for you but if you make some pro active moves you will surely feel better as it will be you who is taking control of the situation.

 

Please don't take what I have said the wrong way but empowerment and taking control is what CAG is all about

[layercake1]

Thanks and I appreciate your positive advice.

You said "

What are your thoughts on applying to the court to set the repayment schedule?"

If it helps me of course.

How though?

[ims21]

You would need to complete a form N245 which is available here

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n245-eng.pdf

 

I believe there is a court fee of £50 payable.

 

You should prepare your I&E so that you can present it to the court. Make sure it is truthful and accurate and takes into account the non-obvious stuff like a contingency for emergencies. It should also contain your provisions for ALL expenses whether they be for your priority bills plus all of your normal living expenses. Don't be afraid to include everything...for example if you are a smoker then account for your ciggies. Silly things like toiletries, newspapers and all of the low level stuff should be included.

 

It is the only way that you can establish what you could comfortably offer against the debt each month. You will apply to the court to approve an amount which you suggest as a sustainable amount going forward.

 

You would be well advised to attend the court when a "hearing" is scheduled. Usually this is just with you and an authorised court representative, it is quite informal, just you and he/she over a desk and discussing your I&E. The ones I have experience of were under oath. The court will then make a determination as to the amount to be paid each month.

 

Once done, the court's determination is the thing to rely on. Further threats for increased payments by the other side are nothing to worry about since it is they who would then need to apply to the court for an increase.

 

If later on your circumstances change for the worse, you can always apply to the court again to reduce the monthly amount due to the change in your circumstances.

 

Remember, the courts are very reluctant to take people's homes away from them and will only do so as an absolute (and I mean absolute) last resort.

Edited October 24, 2014 by ims21

[budwiser123]

i agree totally with the admins comments

,first,the courts now take seriously issues of practice direction and pre action conduct,

and,the courts would rather see the problems solved through mediation and agreements rather than take literally somebodys home from them,

 

so,definately work out a suitable repayment plan, and if cwd dont like it ,let them argue it through the court system.

 

Personally, i think CWD have no morals or common sense whatsoever and are pushing for as much as they can get for their clients in order to get their cut shame on them!!!

 

I can bet my life on it that they dont even realise that the UAEs own labour laws still today make it impossible to pay a debt and still work and live in the UAE as their own labour laws still can make it an automatic ban from working, unless its a job that the govt approve of...

 

CWD,making money out of other peoples misfortunes, i say name them and shame them all the way!!!!

 

just for the record for any new people getting these letters etc from CWD, ,the reason the UAE banks wont sue you in the UAE is because of cost!!

 

It costs a company upto the value of 30,000 AED to file a court case in the UAE and, can take upto a year to process and ,they cant take your stuff out of your home, and they cant break in, so thats why they do it in the UK...

 

There is a protocol, that says there should be no advantages or disadvantages by either party suing or defending in a UK court, if you receive a threatening letter from these clowns ,get a good judgment solicitor, use the foreign limitations act ,and others,

 

dont forget, as the UAE banks are a foreign company,make an application for security costs,and any court action will result in them having to pay money out upfront, and i doubt UAE banks want to spend money, but also, realise, court costs you may have to pay if you lose...

 

On a not so much brighter note, the courts are happier to see a debt repaid ,the Uk courts apparently will be happy to see the original debt paid ,plus ten per cent ,plus of course you may pay court costs,

 

so,in general,if your debt is way too high from CWD and they wont prove it, then i suspect if you agree to the original amount that you owe, you may have to pay that with ten percent on top....

 

i would say the CCA means nothing as its a UAE debt not under UK law,apart from the UK courts if they have the jurisdicion to sue you here,so the CCA letter wont stand as it wasnt signed in the uk, just a thought.

 

and i agree with ALLY ,all of you guest CWD spies, your numbers up, we know and we are onto you!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[layercake1]

Morning

 

Thanks for your comments earlier.

 

I feel much stronger today. I am ready to defend myself strongly in court!

 

I want to be in court for the pending court case to defend myself under 6 different scenarios.

 

I also want to let the judge know today if possible the genuine reasons I missed earlier court dates and that I have made a monthly payment settlement offer to CWG.

 

I also have a nice family living in my house paying rent and they have a disabled son who needs 24hr care...so how relevant should their rights be for this outcome?

[unclebulgaria67]

If I remember you have said you have just started a new job. You won't be able to concentrate on that if you become distracted by this debt problem.

 

I would suggest that you make an offer in writing to CDW of what payments you can afford to make and enclose basic income/expenditure details. Don't offer too much, it needs to be an affordable amount over a period of time.

 

If CDW refuse your payment offer, then that is when you ask the court to be involved in getting a payment arrangement agreed.

 

It is important that you get this resolved, as it will only get worse. If they force the sale of the house, your tenants would have to find suitable new housing and this will not be easy for them with a disabled child.

[layercake1]

Thanks Uncle BG- I did the form this morning....but not sent it yet. I don't have a cheque book (who does).

So how do I send the fee? Postal Order or Cash?

 

Also do they have an email address also I can use....as well as post to tell them?? Thanks :0)

[unclebulgaria67]

Phone the nearest county court and they will tell you what you need to do. You may be able to pay by debit card and to email the form to them.

[layercake1]

Thanks Guys...

[budwiser123]

Hope this helps if admin allow.

 

http://www.sra.org.uk/debtrecovery/

[Ally23]

Any update from Layercake?

 

Hopefully Dalesford, you will update us after the 10th! Good luck!

[debtfree2015]

Thanks but I've already got a set aside and I know how to proceed from here. It's not difficult. I posted more to help others.

 

Hi,

 

Please can you assist. I have just found out about a CCJ apparently to was done in default in June.

 

I have an end of life mother i am looking after in London and for the past 14 months have been pretty much away from family home.

 

Need desperate help please - can you assist in basis for setting aside please.

 

Regards,

 

Thanks in advance

[steampowered]

Hi and welcome to CAG.

 

The best way to get help is to visit the Financial Legal Issues forum here: http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Financial-Legal-Issues and click the 'post new thread' button.

 

Please give the full background and try to answer the questions listed here: http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**.