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    • I have recently found myself in financial difficulties and with the help of forum members in another thread regarding this, I think I can get myself sorted. My query here is how to deal with a Cifas marker that has been logged against me by one of my creditors for "evasion of payment". Admittedly yes I did get a £5000 loan with them and have not paid any payment but at the start of the year, which is when the loan landed, I realised I was going to be struggling to repay that and other debts and I contacted MCB to ask if there was any way I could extend the loan from 24 months to 36 months. I explained my situation and that I was going with a DMP and asked them if they could help me with this. They did not reply. I then emailed them again a month later explaining that my DMP was going ahead and could they confirm that the direct debit was indeed cancelled. Again, they did not reply. The DMP fell apart and so did everything else thereafter. My bank withdrew my overdraft and said I could not stay with them (I thought initially that it was because of the DMP) so I opened another account (Starling) and set up all my direct debits etc with the new bank. A month into being with the new bank, they contacted me and said they were closing my account in three months. So I started applying for other basic accounts and every single one of them either refused or revoked.  Through the help in the other thread, I requested a SAR from Cifas and discovered that I have this marker against my name for "evasion of payment". I have logged a complaint with MCB on the advice of other forum members, but my query really is do you think the marker is fair given that I did ask them for help and I did explain that I was going to be struggling financially to repay the loan over the original two years, and is there any way that I can get it removed? I fully admit that I have yet to make a payment to them and I suppose in my naivety and panic I thought if I emailed them early on they could extend the loan and help me out, but they didn't even reply  I did manage to open an account with Monzo before the marker was in place, but I am very concerned that if Monzo do what Starling did, I will have no bank account to pay my bills or get my wages paid into.  Realistically based on the information I have given here, what do you think my chances are of getting this marker removed? Any help/advice on this would be greatly appreciated x
    • Thank you dx, that is what I intend to do now. I have gone through all the SAR documents, a lot of which I am seeing for the first time! As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received. Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery. I have all the proof you menrtioned from my files for payments and from their SAR info for fees added. Thanks t
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
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Debt in UAE chased in UK - through unlawful dissmissal


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Hi there CAG Community!

 

So relieved there is hope out there - CAG!!

 

In a nutshell, I have lived in Abu Dhabi, UAE, for many, many years.. I had a credit card and a loan, of those in the know, is a must if you are in need of renting any property as x2 payments up-front are needed..Anyways, long story short, I have always paid my loans/CC's on time, every time.

 

In Dec 2017, I was unfairly dismissed, (part of the emiritization restructuring) and was given 3-hours notice to leave.sad.gif

 

Contravened Labor Law, thus was unlawful (which didn't make a difference) desperately tried to fight for my End of Service benefits, notice monies etc... which all went down the 'inshallah' road.angry.gif

 

Time and money ran out, I have had to leave Abu Dhabi as could no longer stay live there with my wife/kids as had no income.. Had to return to the UK in Feb 2018. Thus defaulting on monthly payments.

Total debt; in the region of AED123k, approx £22k excluding the ungoverned interest rates

 

Right, to the point; I have received an email from a collections agency couple days ago.

 

The email is as follows:

 

 

Dear xxxxx,

 

First Abu Dhabi Bank (PJSC), Unique Identification Number xxxxxx

 

We have been instructed by First Abu Dhabi Bank (PJSC) (the merger of First Gulf Bank and National Bank of Abu Dhabi) in the Middle East to deal with a number of liabilities owed by individuals resident here in the UK. All of our work in this respect is regulated by the Financial Conduct Authority in the UK (under FCA licence number 737367).

 

A liability in your name features on a portfolio which we have been instructed to manage. We have been provided with this email address for you, so our intention is for all communications to be directed to this address. That said, we know and are sensitive to the fact that debt is a serious and very worrying issue for many people - so we do not want to increase that burden by communicating with you through inconvenient channels.

 

Accordingly, if you do not want to be contacted via this email address, please let us have an alternative means of communication, within the next 7 days; either a telephone number, another email address or a residential postal address.

 

If you do not take up this opportunity to direct us down a particular communication path (or paths) then we will assume that the continued use of this email address for communication is acceptable to you going forward.

 

Please telephone us on 01494 911099 within the next 7 days. Our operators are here to help you Monday to Friday between 9am and 5.30pm. Please quote the above Unique Identification Number when you call.

 

Please note that there is free debt advice available for anybody in the UK who needs it. This resource is available from the following organisations, amongst others:

 

citizensadvise and moneyadviceservice

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Ignore them all

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Chelsea05,

 

Great to see I am not the only one here!!

 

If you dont mind my asking, was correspondence done purely through email?

As I have been away for some time, I have not yet established myself properly here yet, and doubt they would have my address... I suppose this is a good thing?

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They aill use any or all methods

Stuff all they can do

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Surely there must be a 'turning/escalation' point!? I doubt these agencies would stop at simply not getting a response.

When they claim (on their website)t o have 20-30 successful monthly convictions, surely this has not transpired through 'ignoring them.'

 

Unless of course, that statement is ridiculously false, then there is cause for concern that perhaps silence would only yield a legal intervention from them?

 

I am clutching at straws here - I do not want to have to go through this, we have been through enough over last few months... But I will fight the fight if needed!

Just need to get my facts right and true. Hence I am here

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Go read chelsea's thread and learn....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have had stuff through the post too, Coyle Whyte Devine are the latest so don't be alarmed if you receive anything from them. They sent me credit card statements the lot and said I have 30 days to pay or respond. but please look at my thread too as this will give you more information.

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Thank you for that Chelsea05

 

On the back of your thread I have done a little searching, and interestingly, IDRWW and CWD share the same director.

This appears to be a whole house of one enterprise solutions, comprising 3 people. Not a vast network i envisioned..

 

Now I see the relation of escalation from Debt collection to Legal application, all under one roof.

 

I have gone through your thread, and although I am in the interim stages, I can say I do feel more confident of my standing. The advice to 'ignore' seems so much more appealing.

 

I shall keep this thread updated on developments. Whatever they may be...

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When they claim (on their website)t o have 20-30 successful monthly convictions, surely this has not transpired through 'ignoring them.'

 

Debt in the UK is not a criminal matter and you cannot be "convicted" for it (and I couldn't find that claim on their UK website when I looked, but I may have missed it).

 

I did find this article though which explains that debt is (or can be) a criminal offence in UAE.

 

http://www.mynewsdesk.com/uk/stirling-och-partners/blog_posts/uk-lawyers-coyle-white-devine-chase-uae-bank-customer-for-300000-pounds-over-a-3000-pounds-decade-old-debt-68457

 

The article suggest that because debt is a criminal offence in UAE it's possible for the creditor bank to use the European procedures for enforcing criminal law judgements or for apprehending people wanted for criminal offences in UAE. It's a subject I have zero knowledge or experience of but am posting to flag the article and see if anyone with expertise can anything further on this point?

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Hi there Tobewan,

 

As I am in a similar situation as yourself, I am anxious to know if there has been any development since your last post? If so, what has transpired to date?

 

Thanks Tobe

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Dear chelsea05, I too have been trawling the web... I am just going to air my brief thoughts on what I have trawled through thus far... One grey area in particular does stand out:

 

Would the T&C's of credit agreement - a jurisdiction clause which will clearly state that the debt is enforceable in any jurisdiction... Question remains, is this clause enforceable/applicable or even actionable in the UK?

 

 

 

As idrww & CDW share the same director - I believe their 'inhouse' progression phase to be -

 

 

  1. Idrww issues the intent of collecting a debt - on behalf of UAE bank instructions (standard letters go out etc, etc)
  2. CDW kickoff legal proceedings - this is the grey area, is their 'Ace card' based purely on the 'enforceable jurisdiction' clause?
  3. CDW then follow-up through in-house legal proceedings- with x2 options, either pay up or lose everything 0% negotiation - or do they commence? Is this pure scaremonger? As dx100uk would say; 'willy waving.' Although I have yet to come across a UAE Debt collector's success case. Cases were Bankruptcy, and/or CCJ's were allegedly enforced were most likely acted out through no defense from the defendant?

The above is purely where I am seeing things from the balance of what I have read... I am certain the good people of CAG can and will expand upon or clarify my understanding!

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Neither own the debt

Neither can do neither

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Would not give them anymore legal powers as they have none in the first place

No DCA nor their fake/tame solicitors have any legal powers..they are not bailiffs.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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True dx100uk, very true... But can the Creditor (who is the owner of the debt) initiate legal debt recovery proceedings via a uk lawyer, say CDW for example on their behalf?

No they have no jurisdiction

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Numerous posts on other members threads moved to your existing thread

Please keep to your own thread

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No they have no jurisdiction

 

Exactly what I thought dx100uk, but what about the T&C's of the credit agreement, notably the jurisdiction clause which state that the debt is enforceable in any jurisdiction... would that not then be relevant and applicable in the UK?

 

 

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Well if that were so

Then why havent they done so to date?

Because they cant ...else by now over the several 100's of like threads here. ONE person would have told us so....and none have.

 

Might be better to switch off worrying now as you are tying yourself up in pointless knots about a nothing..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Extremely valid point dx100uk!!

 

Btw - do you EVER sleep!?!

 

I commend your support to the cause/fight, truly admirable. Thank you, and thank you CAG

 

I shall, of course try and refrain from taking over other's threads.. guess i did get carried away.

 

I shall, without fail, keep all involved updated on ANY developments, no matter how small... x

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:madgrin:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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