Middle East Debt being chased by CWD Court Claim received

[chelsea05]

 

 

Name of the Claimant ? RAK bank on behalf of cwd

 

Date of issue 3/12/19, date of service 6/12/19

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

The claim is for repayment of a credit card debt incurred by the defendant whilst a resident of uae.

pursuant of practice direction 16, claim against defendant is a claim for repayment in a foreign currency. 

 

What is the total value of the claim? £9500

 

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? No

 

Did you inform the claimant of your change of address? N/a

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Uae credit card

 

When did you enter into the original agreement before or after April 2007 ? Dec 2010

 

Do you recall how you entered into the agreement...On line /In branch/By post ? N/a

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?

no

 

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.

issued by RAK bank on behalf of cwd

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No acting on behalf

 

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? Dec 2010

 

What was the date of your last payment? Summer 2018, paid agreed amount

 

Was there a dispute with the original creditor that remains unresolved? 

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

[dx100uk]

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
 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 
 

for CPR see post 32 here

https://www.consumeractiongroup.co.uk/topic/419194-adcbmoriarty-claimform-uae-debt/?do=findComment&comment=5022729

 

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]

 

...

 

infact it wont hurt to read all that thread

 

dx

 

[dx100uk]

also

 

[chelsea05]

Does anyone have any input on the below?

 

Defence

 

The Defendant contends that the particulars of the claim are false and misleading. The Defendant accordingly sets out its case below.

 

1. The Claimant claims £xxx is owed under credit agreement with The National Bank of Ras Al Khaimah.

The defendant did owe money to this bank but submitted payment of the agreed amount of xxxx on xxxx via his power of attorney (POA agreed on xxxxx) Payment was agreed by xxxxxx over the phone who agreed the amount from an email dated Feb 18.

Once payment was sent the defendant did not receive any correspondence from the bank until IDRWW contacted him in 2019 stating the money was not paid, the defendant has a receipt from RAK Bank for the agreed amount.

 

2.  Under English law this debt is now statute barred as the original credit agreement was from 2010 and the defendant then did not receive any correspondence on this debt until Feb 18 directly from RAK Bank.

 

3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has acted unfaithfully to the defendant and is willing to tarnish his name.

 

4. The claimant has not shown the below,

(A) show and evidence any cause of action and service of a Default Notice or termination notice under UAE Legislation; and

(B) show how the Defendant has reached the amount claimed for.

 

5. After receiving this claim the defendant spoke with CWD on numerous occasions who sent figures of the amount paid which is incorrect due to the proof I have. The defendant has not defaulted or promised any kind of payment to IDRWW or CWD.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. By reasons of the facts and matters set out above, it is denied that the Claimant is owed any money from the defendant as this has already been paid.
8. The defendant has had other debts within the UAE with other financial institutions that have been cleared.
9. The defendant is confident that this has been heard in a UAE Court but the claimant has refused to divulge this information to the poa.

[dx100uk]

I will assume the below you posted is not true?

 

Name of the Claimant ? RAK bank on behalf of cwd

 

that claimant is RAK bank

• and Coyle, White & Devine are the solicitors.

[chelsea05]

You are correct, I wrote it down wrong.

Is defence ok dx?

[dx100uk]

not really no, most certainly not the SB debt

your main point is you already agreed settlement for xxx on xxx 

you were here when you did this so why did you not atleast record the call or get them to write with confirmation so this can be used as settlement evidence now>?

 

dx

 

[AndyOrch]

What is the claim for – the reason they have issued the claim? 

The claim is for repayment of a credit card debt incurred by the defendant whilst a resident of uae.

pursuant of practice direction 16, claim against defendant is a claim for repayment in a foreign currency. 

 

Is that really the full particulars verbatim...or have you redacted to hide details ?

[chelsea05]

I will remove sb, they did confirm receipt of payment but kept refusing to send letter of closure of account etc. I have receipt, bank transfer info, email confirming the amount from previous email

[dx100uk]

does the email (s)  confirm they are accepting payment as settlement?

[chelsea05]

10 minutes ago, Andyorch said:

What is the claim for – the reason they have issued the claim? 

The claim is for repayment of a credit card debt incurred by the defendant whilst a resident of uae.

pursuant of practice direction 16, claim against defendant is a claim for repayment in a foreign currency. 

 

Is that really the full particulars verbatim...or have you redacted to hide details ?

Yes the claim is for a credit card from my time in uae and claim for repayment in a foreign currency. Not hiding anything 

[chelsea05]

2 minutes ago, dx100uk said:

does the email (s)  confirm they are accepting payment as settlement?

Yes

[AndyOrch]

37 minutes ago, chelsea05 said:

Yes the claim is for a credit card from my time in uae and claim for repayment in a foreign currency. Not hiding anything 

 

 

Yes I know what the claim is for.....simply verifying that you have not shortened it or redacted it because that Particular is not pursuant to practice direction 16.

There is no account/agreement number?

 

Did they serve separate particulars in detail ?

Could you scan and redact the original claim form N1 and upload it ?

[chelsea05]

Nothing separate just standard claim form everyone receives. ok will try to do it just have no access to scanner as off work for another week. 

[AndyOrch]

Picture with your phone...convert to PDF after redaction

[chelsea05]

4 minutes ago, Andyorch said:

Picture with your phone...convert to PDF after redaction

Leave it with me, I will remove sb and point 6 on rule 16. Does everything else look ok?

[AndyOrch]

No dont remove anything for now...just try to upload the claim form particulars.

[chelsea05]

 

The claim is for repayment of a credit card debt incurred by the defendant whilst resident in the UAE.

 

Pursuant to practice direction 16, this claim against the defendant is a claim for payment in a foreign currency, namely aed. This claim is so pleaded because aed was the currency borrowed by the defendant and advanced by the claimant under the term of the credit card agreement. Adopting the foreign exchange rate of www.ft.com as at xxx on xxx Nov 2019, (being aed 1:£0.2113) the claimed sum of xxx equates to £9500

[AndyOrch]

I would submit the following as an initial defence...then see if they wish to proceed.

 

Defence.pdf

 

Regards

Andy

[chelsea05]

Looks spot on, thankyou for your time and help with this. I will get this sent off and keep you all posted.

[AndyOrch]

 

[chelsea05]

Thanks Andy, I will crack on with this.

Cwd have filled their side in and have filled out expert evidence using written evidence 
 

[AndyOrch]

Would redact and scan a copy of this evidence and upload it. ?