Dubai Car Finance debt being chased in the UK by Stockslegal limited

[Ally23]

CWD had all our info about Dubai debt. This solicitor however is slow and just hasn't responded at all!

[Ally23]

Looks like I'm the only one having dubai debt bother- which is good (in a way)

 

So solicitor is start CC action at the end of the month as we've not responded to emails we've not received even though she's had the contact number but hasn't used it as she's been on holiday in dubai for a month. I want to fight it but my husband thinks it's best just to pay.

 

Sure after 9 years statued barred should absolutely apply?

[dx100uk]

best you keep to your own thread ally

go update that

dx

[Ally23]

best you keep to your own thread ally

go update that

dx

 

 

I thought I had

 

Thanks!

[Ally23]

Looks like I'm the only one having dubai debt bother- which is good (in a way)

 

So solicitor is start CC action at the end of the month as we've not responded to emails

we've not received even though she's had the contact number but hasn't used it as she's been on holiday in dubai for a month.

 

I want to fight it but my husband thinks it's best just to pay.

 

Sure after 9 years statued barred should absolutely apply?

[dx100uk]

what have you received another threat-o-gram?

that doesn't say will anywhere?

[Ally23]

They've sent through everything apart sales contract in English so I've asked for that. The majority is in Arabic (insurance docs; credit approval, copy of some cheques.

 

She states in her letter if this is not resolved she will issue high court proceedings on the 31st Jan.

[dx100uk]

high court?

 

sorry what was this finance for a car you had in Dubai?

[unclebulgaria67]

See this below ( taken from http://uk.practicallaw.com/6-619-3495?source=relatedcontent )

 

For the common law regime:

 

Court/arbitral court had jurisdiction. A foreign judgment is only enforceable under common law if the original court had international jurisdiction according to principles of private international law. It is insufficient that the original court had jurisdiction according to its own rules.

 

Defendant had proper notice of the proceedings. A judgment is not enforceable if the foreign court's procedures breached the rules of natural justice. Generally (but not always) this requires due notice and an opportunity to be heard.

No incompatibility with public policy. Judgments must be compatible with public policy.

Reciprocity. Not applicable.

 

No conflicting domestic or foreign judgment exists. Judgments must not conflict with any existing domestic or foreign judgments between the parties. Judgment/award is final as to its effects. Yes.

 

Limitation period. The limitation period is six years from the date of the foreign judgment (section 24(1), Limitation Act 1980).

[unclebulgaria67]

Suggest that you ask for a copy of any Dubai court judgement and evidence that the claimant attempted service of their claim to you in accordance with the laws in Dubai.

 

Also note that UK limitation law applies.

[Ally23]

Thank you

 

I will reply once I've recieved the English version of the documents.

 

Yes it was car finance and they are asking for just over 5k

[Ally23]

No judgement in dubai has been entered. Instructed to chase through UK court by client.

 

They seem to think our last payment was Jan 2011 therefore statued does not apply. We left in 2009.

 

No English copy of sales contract available and nowhere does it say in English the paragraph abut having outside the UAE

 

 

So if I'm correct if there is no acknowledge of debt by dubai court a UK court wouldn't entertain this?

[unclebulgaria67]

There is nothing stopping them issuing a UK court claim and it being given a hearing.

But i doubt that they will be successful, if you defended the claim,

getting them to prove the debt is not statute barred

and provide a copy of the contract in English.

 

I think they are just trying it on, hoping you blink or if they issued a court claim you would not defend it.

 

Without a judgement in Dubai, there is no existing Judgement to consider.

It would be a new UK court claim to look at this Dubai debt,

provided the Dubai contract allows for a UK court to have jurisdiction and they can prove it is no subject to limitations, you owe the debt etc.

[Ally23]

So to confirm;

 

They can serve us with a county court instruction (she states high court due to the amount).

I'm still unsure how a UK court would apply the law on a UAE debt.

 

 

As of now we have no contract and nothing in English.

They said the Arabic copy would suffice but I don't know what it actually does say.

 

They claim the last payment is January 2011 therefore within the 6 years

however I know the bank account was inactive from March 2008 due to the previous debt and bounced cheques. They have not provided a bank statement of account.

 

I also presume the information they have provided us with is what we would go to court with.

Are they under any obligation to provide anything else.

I've requested a copy of everything the bank holds.

 

I of course would defend the claim,

no sales contract in English which states they can chase outside of UAE,,

8 years since we left Dubai,

no judgement in Dubai

and finally both debts (including the one we paid) had our UK address on the application so they could have chased well before now.

[unclebulgaria67]

Yes they can issue a court claim.

 

Is this a letter from a English Solicitor working for CWD that is writing to you ?

 

They would need to supply English documents for an English court to get involved.

 

Not sure the person writing to you knows what they are talking about. Sounds like a letter from a debt collector, rather than a Solicitor.

[Ally23]

No not CDW.

She is a solicitor as I checked on her.

She states she is working directly for the bank

however Bilkish does pop up in her emails and some documentation then her solicitor details pop up in others.

 

We did accuse of of being a debt collector and she wasn't impressed!

 

They would have to provide those English documents to us also?

How else could we defend the claim without them?

She states she would have the Arabic ones translated when necessary?

Surely it's necessary when you are asking for money.

 

They are happy to negotiate the settlement if we do it immediately.

[dx100uk]

so whos her client?

 

 

dx

[Ally23]

Islamic bank of Dubai

[dx100uk]

it seems to me that all the 'wins' on these UAE debts are because people knew nothing about the cases going through court as the paperwork for the court cases were filed to another old UK address.

 

so nothing is checked and the judgement is rubberstamped.

 

the more I read around

the more i'm seeing that these letters CWD and other 'solicitors' send out are nothing more than scaremongery

and ofcourse what a good money winner for them as they line their pockets with the proceeds.

 

much like DCA's do in this country.

 

it doesn't matter that they might have some silly clause in their T&C's

it doesn't matter there might be some kind of agreement between countries [that's rubbish to the highest degree between uae/uk!!]

 

its a matter of jurisdiction, which the UK courts don't have.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?404616-Dubai-Debt-Recovery-by-UK-Solicitor&p=4636291#post4636291

[Ally23]

Reading this whole thread from 2015 it's clear the UK courts are accepting and acting on foreign debt.

 

I'm not sure about the two who were made bankrupt if there debt was statued barred or what came of theit compkaining as the last post was 2015.

 

I will now be seeking out advice from a solicitor based on the fact that this debt surely is subject to UK law as that is where they will be filing it in absence of a UAE judgement.

[unclebulgaria67]

From what i have found online, most of the judgements obtained in UK courts were by default as they were not defended.

 

UAE Banks can issue UK court claims, even if they have not obtained court judgements in UAE first.

But they need to prove when challenged that the UAE finance contract was non exclusive in regard to which countries courts they can use to enforce and that therefore they can go to a UK court, if the debtor is resident in the UK.

 

 

In regard to limitations period this is subject to argument as to whether it is 6 years under UK law or longer under UEA law. ( Foreign limitations act 1984).

 

Ally, i am not sure what a Solicitor will tell you, if you can find a UK Solicitor who deals with foreign debts.

 

 

You will find a difference of opinion between those who think there needs to be a Dubai court judgement first and those who believe they can go direct to a UK court. There is also a difference of opinion on limitations law.

 

Ally, you should insist that this Solicitor supplies the Dubai Bank contract in English, to evidence that a UK court can have jurisdiction. Also you need them to evidence statements of account showing payments made.

 

Without the missing info, i don't think a Solicitor would have what they need to advise you properly.

[Ally23]

Yes I agree.

I can't see how she can file a claim without the English documents anyway.

There are to many grey areas here.

 

No signed English contract, the claim payments were being made some 3 years after we left and finally no proof these payments cleared to the bank.

 

At least CWD had every piece of info!

Even if we did owe any money I certainly wouldn't be paying anything without all the documentation.

 

My husband is a business owner so it's a risk not to pay.and it be found in their favour in court.

 

I'm still yet to understand how they can apply UAE law to certain areas of the contract and it be heard by a UK judge.

 

Let's face it in the UAE beach of contract would land you in jail.

 

Here you would have paid an early termination fee and fine and that would be it done!

[unclebulgaria67]

This is a private debt from Dubai, so nothing to do with any UK business.

 

Anyone can issue a UK court claim, but actually gaining judgement is a different matter.

They don't need to have all the documents when they issue the court claim, but if the claim is defended they need to supply the evidence to support their claim.

 

What is important at this stage, is to write a letter asking for all the information you need, as if it ever gets to court, you can show that you have asked for information and this Solicitor has not provided it or not before a court claim was issued. It is not reasonable to threaten actions and not provide information.

[Ally23]

Yes I've done that yesterday.

 

 

I've also contacted a solicitor to see whether the information she has supplied to date would be enough for a court application if we were to defend.

 

 

Surely the first defence would be we don't know is what she is talking about due to the documents being in Arabic!

 

I mention his business because should this go against us and the bank wanted to petition for bankruptcy that would obviously cause a huge issue for him.

[unclebulgaria67]

That is a bit of a jump, from threatened court claim to bankruptcy.

 

Worse that can happen, is that they get a CCJ in his name and he requests to pay them affordable repayments over years.

 

 

As long as he made the payments, the debt was below £5k at the time of any default, then bankruptcy would not be an option.

 

If they want to use UK courts, they need to satisfy a UK court, documents in English and to prove their claim is enforceable in the UK.