Jump to content


  • Tweets

  • Posts

    • see***   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all leave jurisdiction unticked -  *** for the minute hang fire on doing AOS on MCOL until andyorch advises if/if not you question jurisdiction please   you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. ..  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/   CHANGE the list of documents too: Original signed finance agreement together with the terms and conditions IN ENGLISH Any notice of change in account terms and conditions that were ever issued since credit approval Any notice of default or UAE equivalent that was issued by the original creditor All and every statement of the account including how any interest has been calculated. Proof that UAE Court Judgement has already been gained upon said debt. Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . . . type your name ONLY*** no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]      
    • thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.
    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1275 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

They work on fear & intimidation hoping that you know nothing and will succumb to their demands. Really they have no powers unless of course they have seized goods which then does give them the upper hand. All the while you deny them this leaves you in control and if they want to get something out of it they would do well to listen to what you have to say or offer. If you can then you should try & record any calls and/or visits - you do not have to tell them what you are doing.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

Correct me if im wrong here.

 

 

After reading replies to this comment and researching on other forums,

unless they gain access to your home in the correct way

or any outbuilding such as a garage,

they cant take anything?

 

 

But if its left outside eg.your car they can then take that?

Share this post


Link to post
Share on other sites
Ive just listened back to the recording of my call with the HCEO and he says I have 24-48 hours to sort it out before they come back and start seizing my assets

 

As Plodder said, if they cannot get in, they cannot seize anything. Beware of vehicles as these would be a prime target.

 

They can't force entry without first having gained peaceful entry, so it really is a case of keep everything locked, vehicles out of the way and ignore them entirely, even if they are hammering at the door shouting they know you're inside. That does not mean you are under any obligation whatsoever to allow them in - don't!

 

Yes, items outside, especially vehicles are, as stated, a prime target.

Share this post


Link to post
Share on other sites
Correct me if im wrong here. After reading replies to this comment and researching on other forums, unless they gain access to your home in the correct way or any outbuilding such as a garage, they cant take anything? But if its left outside eg.your car they can then take that?

Correct, but if the car is worthless they would be silly to Take Control of it, but make sure sheds are secured and nothing of value is in them. A patio heater and high quality garden furniture would be a target for example.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

I have an 03 plate ford which is worth not a lot. If they were to get into my garden they could happily take away my starting to rust table.

Share this post


Link to post
Share on other sites
Correct me if im wrong here. After reading replies to this comment and researching on other forums, unless they gain access to your home in the correct way or any outbuilding such as a garage, they cant take anything? But if its left outside eg.your car they can then take that?

 

For a residential property they must gain entry by peaceful means only

but if you have any detached buildings on site then forced entry may be made to these

if it is believed there are goods inside that may help satisfy the debt.

 

 

If the garage is attached to the main residence then it is protected

- but make sure it is locked correctly.

Any goods lying loose are at risk of seizure - car, bike, bbq equipment & good garden furniture etc.

In the past Bailiffs have even seized doormats but that is all in the past now.

 

 

One word of caution though is that there is provision within the Regulations that allow an Agent

to apply to the Court for forced entry

- but this mainly for those that show trappings of wealth who have chosen to ignore demands for payment

- so if you have a Rolex on each wrist & have left the Bentley outside j

ust make sure you watch what happens from one of your 10 bedroom mansion windows.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

Ploddertom nailed it.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

Are they likely to apply for forced entry in my case?

 

 

Just for the record i dont own 1 let alone 2 rolexes.

 

 

Sometimes my neighbour comes home in a Bentley but only because he works there,

and my 3 bed house sadly isnt anything that screams wealth.

Share this post


Link to post
Share on other sites
Are they likely to apply for forced entry in my case? Just for the record i dont own 1 let alone 2 rolexes. Sometimes my neighbour comes home in a Bentley but only because he works there, and my 3 bed house sadly isnt anything that screams wealth.

 

If the Bentley is there and the HCEO tries to seize it he might well run away when the Third Party claim goes in.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites
Are they likely to apply for forced entry in my case? No - although they may threaten to do so.

 

 

Just for the record i dont own 1 let alone 2 rolexes. Just tell them you are dyslexic and cannot even spell it. (Apologies to those that suffer from this condition but just trying to bring a little light hearted humour to the problem)

 

 

Sometimes my neighbour comes home in a Bentley but only because he works there, - must be nice for him to have a choice -

and my 3 bed house sadly isnt anything that screams wealth.

 

Just so you are aware - Enforcement Co's often read these forums to glean any further info, in your case I wouldn't worry as they are obviously on to a loser. If they were not so greedy in the first place then more folks might engage with them.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites
Ill be moving my car as of tomorrow evening

 

You could park your car on a neighbours drive or in a private car park as it cannot then be touched.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...