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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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Hi,

 

 

I have read a few of the debt recovery questions and threads and lots of good information, however, everyone is a little different which brings me to my query. In my case I did not do a runner from any debt and tried to settle everything legally before I left.

 

 

In 1996 while working out in UAE I bought a vehicle on finance (Oman Bank renamed to Mashreq Bank now were the financiers). I made the repayments regularly until I lost my job a couple of years later when the company was sold and the new owners wanted their own people in. I had difficulty making the rest of the payments and some debt accrued but I managed to bring my payments up to date by bringing money from the UK.

 

 

In mid 1998 I decided to leave the UAE and return to the UK so contacted the bank and agreed to return the vehicle to them to sell it off and deduct what was owed to them and give me the balance of the money as the vehicle was worth at least double the outstanding amount.

 

 

For a while upon my return to the UK (Northern Ireland) I did not hear anything from them until a few years later when I received a threatening letter from some agency/solicitor (I really cannot remember). I called them and they threatened me with court cases and arrest upon travelling to any Mid east country.

 

 

I did explain that it was the bank that owed me money and it seems they were asking for the full amount of the remaining debt plus interest which made me to believe that the vehicle was either sold for a small fraction of its value or for just a nominal amount which again means I was defrauded by the bank or the person who was dealing with the case.

The person who I spoke to was unable to provide any paper work.

 

 

In the meantime I traveled to Oman and Kuwait in 2003; but now a shade over 19 years since I have left UAE I have received letters from a solicitor in Manchester threatening me with legal action within 7 days if I do not settle the debt or contact them to settle the debt. I live in Northern Ireland and own my own property. I am also the nominal director of a company registered in England (I do not own the company nor receive any benefits from it).

 

 

What is the general advice that I should follow? Ignore the letters or write to the UK solicitor asking for all the documents in English?

 

 

the solicitors seem to operate from a small office in Manchester and a search showed another solicitor registered there so I assume it is one of those solicitor offices that uses various names although the lady in question seems to have been registered by the SRA.

I strongly deny owing any money and again strongly believe that I am owed money. The vehicle was valued at over £4000 while the debt was about half that (in UAE Dirhams).

By the way, I have no desire to return to that country due to a lot of bad experiences and although I have been offered work a number of times (companies contacting me directly) including from trusted friends, I have refused to entertain the thought of ever going back there.

 

 

Sorry for the long post but I thought it is better to provide all the information in the beginning.

 

 

Cheers and thanks in advance for any help, direction and advice.

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Ignore!!

 

Read the letter properly

It doesnt say WILL anything


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Thanks for the quick reply.

 

 

As you mentioned, it does not say they 'WILL' anything, however, it does say 'we have been instructed to commence legal proceedings against you. If for any reason you dispute the claim being made against you, please provide us with details so that we can investigate this matter further'.

 

 

It does go on to say that 'their client may have instructed the matter to police and therefore my travels to GCC countries may be restricted.' (the bold italics are mine).

 

 

I do not care about any 'may' but my wife is panicking a little especially if there is any Interpol involved (which UAE seems to be very fond of using). We do travel quite frequently around Europe.

 

 

I ignored the first letter and a fortnight later got the second one giving me 7 days to respond. Feel like telling her to stick her head down the toilet and flush it off. Alternatively, I suppose I could engage the other solicitor in that office (using a different solicitor firm name) to pursue the bank for fraudulent pursuance of debt. That would be really funny now since technically they are a different solicitor firm :lol:

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I could instruct my dog to sit..if it does...

 

Forget the interpol crap

Its not true and has never been proved

 

Other than by that one certain website

Who scare people into paying them money to 'defend' them

 

99% of the stuff there esp the court cases are patsy cases


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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The UAE authorities has limited powers to collect debts from abroad and worry that they are being targeted as they dont have suitable agreements with other countries so they can ask Interpol to place people on a red list

 

but guess what? Interpol dont give a rats about UAE debt unless the agreeemnt has certain terms applied to it and many dont.

Also the UAE has big trouble reaching the international benchmarks for debt collection, esp when it comes to european countries so aagin no-one else is interested and wont be until they change their habits and laws.

 

They can go swivel and unless you go back to any of the UAE states what they threaten will come to nothing.

DO NOT RETURN THERE UNDER ANY CIRCUMSTANCES

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When you say "Interpol dont give a rats about UAE debt unless the agreeemnt has certain terms applied to it and many don't" what do you mean?

 

Reason i ask is i received one of these 'threats' from a UAE bank recently (an old 2015 CC debt - same story as everyone else).

 

They're threat stated they were filing a civil action and imposing a travel ban followed by general threat style text on how that will ruin your chances of travel (interpol etc)

- about a week later a general idrww email arrived.

 

Am i right to think this is all threats, as i'm possibly traveling very soon?

 

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Well, I for one have not heard anything any more but I am sure in a few years time another letter will arrive. Yes, they are chancing their arm and I for one don't give a rat's arse.

 

I have travelled and will be travelling around Europe and since my last post I have been to a number of European countries.

 

Their BS is just that, BS and scare tactics. You could file a case against the solicitor for harassment if they keep on sending you letters or calling you. Under no circumstances provide your phone number.

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1 hour ago, liggerty said:

 

When you say "Interpol dont give a rats about UAE debt unless the agreeemnt has certain terms applied to it and many don't" what do you mean? Reason i ask is i received one of these 'threats' from a UAE bank recently (an old 2015 CC debt - same story as everyone else). They're threat stated they were filing a civil action and imposing a travel ban followed by general threat style text on how that will ruin your chances of travel (interpol etc) - about a week later a general idrww email arrived. Am i right to think this is all threats, as i'm possibly traveling very soon?

 

Youshould always block and bounce all emails and texts

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Just so you know..... the Limitation  period in the UAE for bounced cheques is 3 years.

 

Given that the majority of the cases being brought to the UK are off the back of such action, or in absence of such action, that is a rather powerful argument.

 

Enjoy.

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Thats good to know, the security cheque is what was mentioned

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Go to Practical Law website... thats where CWD go... the info is there

 

By the way... it is also against the Law of the Central Bank of the UAE in the first place to take a blank cheque as security for a loan/credit card. Has been since 2012. 

 

I wuldnt depend upon that in a UAE court.. but i would raise in a UK one...CWD want the laws of a draconian dark ages authority to apply here... ! then fine.... tht also means their fees are restricted !!!!!!!!!!

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This cheque would of been written around 2006, guessing the new rules will apply anyway

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i dont know.

 

Limitation is 15 years otherwise but you will need to know the date they attempted encashment  and for what amount

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no idea on the date if they attempted to cash it, if i remember right though it wasn't blank and the figure is less than owed

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I have no idea sorry.

where are you at with the claim now?

 

On ‎29‎/‎03‎/‎2019 at 14:38, dx100uk said:

Youshould always block and bounce all emails and texts

 

 

I wouldnt do that. Dont reply for sure until b post and official... but you want to know everything they are sending.

 

In UAE law they can inform certain matters by email.

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no you block and bounce

how do they ever know the email gets there

or the phone has not been passed on 

sounds like to me your are touting for the enemy here.

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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their mails end up in spam anyway, i just like to see what craps in there

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nothing to do with what the debt is about at all.

you should never respond to emails nor texts

block and bounce them.

 

that has always been CAG's mantra since day one not MINE alone.

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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We try to be careful with our use of words so they are not misconstrued.

The dca chasing people will do the opposite and use vague phrases to try and make you read into what they say as being somehting else, same way as "mind reading" magicians do.

 

BLOCK the emails so they know they arent getting through otherwise they can claim that a particular communication has been lawfully served by sending an email. No good you saying it went to spam, that is like saying I didnt receive a letter through the post becasue I binned it without reading it.

 

Make them work for the money the UAE banks are paying them, they will send proper letters if it is important but they wills top sending vast quantities of harassing material because it wont be economically viable.

 

Lasl;y English law is waht counts here, not UAE law which is why we say they are toothless tigers.

even getting a court judgement back there means nothing in an English court.

If the law of one country applied in another anyone who has ever had  sex with the lights on would end up in court in Virginia

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