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
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]
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]
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?
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?
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?
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?
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?
Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ?
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.
Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?