dubai debt and CWD

[Bonnie66]

Hi

My son worked in Dubai until losing his job in January this year.

Like many others here he left the country rapidly due to bounced security cheque leaving behind a debt ( years rental loan) of approx. £11k

 

His Dubai bank account had money left in it and direct debit continued to service loan until April

He hoped he would get a job back here in Uk and continue paying it off

 

Unfortunately soon after securing a job here he underwent life saving surgery and was on sick pay for 8 weeks His contract was terminated and obviously he could no longer afford payments during this time

 

CDW contacted him wanting full settlement of now £ 19k

 

We sent them income expenditure which showed a negative balance ( he has no assets) but they have now sent a statutory demand for full amount

 

If he files for bankruptcy ( I'm assuming as he has no assets they will not bankrupt him ) will the Dubai debt be included in the UK bankruptcy

 

I would appreciate any advice you can give.

Thankyou in anticipation

Nicky

( worried mum)

[unclebulgaria67]

Yes the Dubai debt should be included. If your Son has no assets, then perhaps he should write back to CWD saying he would welcome them applying for his bankruptcy and for them to ensure the Dubai debt was properly dealt with in the bankuptcy.

 

I doubt CWD will be instructed by their Dubai clients to go ahead with bankruptcy, as it will cost them money, they would not get back.

 

If they don't make your Son bankrupt, it might be worth him looking into it. But he has to do this within 3 years of the Dubai debt being created, Limitations period in UEA is something like 20 years, meaning that if the debt is not cleared by bankruptcy if necessary, then the Dubai creditor has a very long time in which to try to enforce in a UK court.

 

There are companies out there who specialise in bankruptcy from abroad. If you search for that online, you will find one and they can provide helpful advice in this topic.

[Bonnie66]

Thankyou Uncle Bulgaria . I think bankruptcy is sadly the best option both for the short and long term future

To have the possibility of this hanging over his head for possibly 20 years is an awful thought

We will contact CDW as you advise

I assume we just let the statutory demand run its course ?( we have been given 18 days to "set aside" )

[unclebulgaria67]

The statutory demand is just a document CWD have issued and is not registered anywhere such as a court.

 

It gives them i believe 6 months to proceed with bankruptcy if they choose to do so.

 

So yes, your Son does not need to do anything, if he does not want to avoid bankruptcy, as it could relieve him of this debt.

 

The other issue which is odd,

is that creditors are now required to go for a CCJ first and only then if the CCJ is not paid,

other options including bankruptcy could then be followed up.

 

So makes me think they issued the SD to see if your Son would be panicked into borrowing money off familiy to pay the debt.

Edited August 7, 2017 by honeybee13
Change of username

[Bonnie66]

That wouldn't surprise me at all re the panic tactic

I read that too re CCJ first

Does seem a long winded way to reach the same conclusion

Thankyou again for your advice

[dx100uk]

They can't issue an SD

Its fake ignore it. Out of jurisdiction

 

Neither can they issue a CCJ out of jurisdiction for UK courts

 

Its all to make you/him panic

 

You've sent I&e now ignore

 

Shame he paid whilst in the UK...

That's why they think they can mug him with a fake SD

[unclebulgaria67]

If the UAE contract does not restrict rights to only use UAE courts, then a claimant can issue UK court claims.

 

See one case precedent that is used https://en.m.wikipedia.org/wiki/Maharanee_of_Baroda_v_Wildenstein

 

If the debtor is resident in the UK and the creditor is not restricted in bringing a UK court claim then they can do so.

Then it is open to argument.

 

Whether they can issue an SD and start bankruptcy proceedings without an unpaid CCJ would be subject to argument.

 

But of course the SD was issued to frighten the debtor.

 

If they have no money or assets, then the creditor would most likely lose money.

But that is their choice.

[dx100uk]

All good

You don't need a CCJ to be in place for them to issue an SD

 

It . the SD form can be downloaded by anyone and filled in and sent off to a supposed debtor

 

in early 2000's was the UK dcas favourite trick to frighten UK debtors into thinking the were being taken to court

 

The truth is the court has nowt to do or know about the SD until or if the fleecers send it to the court

Which they never do in 99\100 cases

[Bonnie66]

The UAE contract does not limit rights just to the Emirates.

CDW sent us the contract which shows that

 

You're right DX re scaring people

 

The SD does initially look like they are taking it to court and even name the court

giving us 18 days to have it set aside.

 

as shown below

Part A Appropriate Court for Setting Aside Demand

Rule 10.4(4) of the Insolvency Rules 2016 states that the appropriate court is the court to which you would have to present your own bankruptcy petition in accordance with Rule 10.48 (1).

 

In accordance with those rules on present information the appropriate court is:

***** County and Family Court *** Street ****

 

Any application by you to set aside this demand should be made to that court.

[honeybee13]

Hello there.

 

I sent you a PM. Did you receive it please?

 

HB

Edited August 7, 2017 by honeybee13

[Bonnie66]

No honeybee I didn't I know as a newbie I cant send messages ... Can I receive them ?

[honeybee13]

Issue sorted, Bonnie.

 

HB

[Bonnie66]

:-)

[dx100uk]

CWD are not the original creditor so cannot bring an SD in their name

it must be the owner of the debt that files it or CWD must be operating on behalf of their client the owner.

[Bonnie66]

Just a quick update.

Son responded to CWD

to say he would not be contesting any bankruptcy action.

 

Not surprisingly have heard nothing more from them since

 

Will let you know if anything changes

 

Thanks all again for support / advice

[dx100uk]

Glad to help

[Bonnie66]