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First idrw now cwd law re dubai debt


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Left Dubai in summer 2016 having been made redundant, took wife and 3 month son to place of safety (not UK) fully intended to return to UAE and find new employment, as i had insurance against the loan. I never intended not to pay the loan. However.

 

Bank immediately froze accounts, refused to process Involuntary loss of income insurance i had taken through them and demanded full settlement. This is an unsecured loan not a CC debt. They stated i had to be in the country to process the insurance? i asked them to send me the T&C which state this. They refused.

 

I left enough cash in the account to meet payments for 8 months regardless, had they processed insurance a further 6.

 

Usual story here, i continued to communicate with the bank directly by telephone and by email, they wouldn't accept any scenarios or payment plans other than full. I secured a new job offer in UAE and stated i could return and continue to make payments if they would confirm no court action had been taken They refused to do simply stating case filed. As i result i could not risk returning and being arrested, this would lose me the job and what then? no good for me or them.

 

I returned with my family to UK in Spring 2017 having got a job, that job ended in June 2018 and still not working. (my wife is keeping us afloat) - I continued to email the bank asking if i could come to payment agreements, again they refused anything other than a full settlement! Crazy.

 

 

i received a number of threatening calls to my work place from debt collectors in Dubai (coincided but i cannot prove with losing job)

 

I started to then get emails and letters from IDRW including threats. I did not respond

 

I have now had the same from CWD ... first emails and a letter, and now attaching a SD to an email. (i have not had this by post or served in anyway) They include the statements from the bank. They included a terms and conditions relating to credit cards (i had 2 but i settled these)they did not include and t & c for the loan as i can see.

 

this was this week i have not responded.

 

I own a property with less than 5k equity in it, which would be wiped out under the terms of the mortgage for a further 4 years yet.

 

I have CC debt in UK which we are managing.

 

Im not working through ill health now, but hope to be back fit some time soon

 

From what i have read i should continue to ignore unless they serve the SD or take other court action?

 

obviously a little stressed.

 

Thoughts?

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they cant serve an sd by email and their phonecalls to your work etc and all manner of friends and relatives [if that's to come] should be made illegal in this country but ofcourse with Dubai being so powerful moneywise we nor the EU do anything about

 

ignore them

block and bounce their emails too.

 

its about time someone raised a serious complaint about this lot..

. yours seems a wee bit more serious for you as you suspect they lost you your job??

the authorities might sit up and listen here

esp if you could get evidence it was caused by them

your UK

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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Thank you DX

 

The job scenario was very coincidental yes. I don't have any proof of that. The company doing it was Dubai based. They also emailed me and a generic work address, which fortunately came to me anyway. No contact with family, they would get short shrift if they did.

 

I responded the the Dubai companies email. stating the facts of the matter, that i did not recognise the terms or indeed the amount, and that i was in dispute regarding the insurance etc. I also told them i would not communicate with them as I do not appreciate the threats they made (the usual stuff, Interpol, assets, arrest, passport reported to every air space restricting travel so on and so forth) I told them in no uncertain terms that the bank should contact me directly. They never have since that date.

 

This is when i think it was passed to UK.

 

I spoke to a debt charity and they also said that the SD may be a further tactic. I will await to see if they formally serve anything or try the court ccj route.

 

In the email they quote a reference to the Treaty between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates on Judicial Assistance in Civil and Commercial Matters 2006. I have read this. It is an interesting read, particularly about requests fro judicial assistance.

 

I have kept extensive records of all coms with the bank directly including offering previously to make reduced monthly payments in the interim, and that they should honour the insurance, but they refused.

 

The insurance i took out for the term was expensive!!! yet they blocked the claim and at the very least were obstructive. Perhaps a court would / may take that in to account if it gets to that point.

 

Another significant factor is the current exchange rates: they add about 20%

 

There have been many threads i see, but rarely does anyone return and give outcomes?

 

Mosalah's thread is an interesting one. I will keep an eye on how that progresses.

Edited by lorcandub
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If the original creditor bank wanted to get a UK CCJ they could do so. But they would have to follow all of the rules in issuing the claim to you, bearing in mind this debt was not originated in the UK.

 

From what I have read over recent years, there seems to be a reluctance to pursue foreign debts too far. They will try to gain payment, without incurring costs they might never get back. Going back more than 5 years ago, there was a period, when UAE Banks were making people Bankrupt in the UK related to UAE debts, but I think they have stopped this. Probably realised that the costs and hassle were not justified. If you visit the London Gazette, you can do an advanced search and see whether the UAE Bank have obtained any Bankruptcy orders in recent times.

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I can find very few, and most are debtors petition not creditors. I guess some people go that route in the end. I understand also that some IVA companies etc recommend that route out. I do not want that, but if it comes to it then what choice. I will update should this progress.

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I did see that, all I’m saying if you speak directly with the recovery department they will accept the original amount before any interest was added. However this only works if you have the money to pay it off.

 

Chelsea, thank you for your contribution it is appreciated.

 

I have exchanged hours of telephone conversations and emails with the bank directly until earlier this year. For 18 months i have tried to talk with them. They have a single response. Pay in full.

 

I think you will find many in my situation have tried also. But i do not see why i should just accept them refusing to pay out on a legitimate claim.

 

I offered very early on to pay off a lump sum in the interim, of about 25% of the outstanding, reducing the amount owed and continuing to pay the monthly payments for 8 months. They refused to accept that.

 

Their refusal to process the insurance claim, despite having sent them all the required evidence and a copy of the certificate was mindless, to them and to me. Note that it was the banks own insurance cover. This wasn't just any insurance, i had purchased the top, level, thinking I was being conscientious.

 

I left for one reason only. I had a wife and a son of just 2 months old at the time. I had to make sure of their security. I fully intended to returned alone within a few weeks of leaving with a view to seeking new employment. My employers were sound, keeping my visa open to do so as long as i needed it. The trouble was the bank FROZE everything on the payment f my final salary into my account. Had i intended to skip the country completely, i would not have left a large sum in the account. (not being ale to return by the way meant i lost y car which i didn't owe anything on, all my furniture, and my rent, 10 months worth, and it wasn't a cheap apartment).

 

Even at that point i sought assurance from them that if i returned they would give me the time to find new work. I was, after all, still paying monthly the charges. They declined to give that assurance, and again at a later point when i has secured a new job, which meant I couldn't take that risk.

 

Then when in the UK i tried again to talk with them to agree a financial settlement. They demanded full payment or nothing else. So I believe I have exhausted that avenue and, frankly, feel aggrieved that they have through their archaic actions not only caused distress, but had a huge impact upon my career in general, not to mention the anxiety and impact upon health.

 

Now that all sounds a sob story and at the end of the day, they do not care. Neither will their representatives. I doubt that it will lend much weight if it ends up any where neara court, but one would hope that it demonstrates to any hearing the efforts I have made.

 

Truth is it is their own actions that have resulted in the situation we are now faced with.

 

I had considered writing to the banks CEO to express my opinion. Offer to work to find a sollution,but on experience i believe this would be a total waste of time.

 

I will use what protection we have in the UK if and when the time comes.

Edited by lorcandub
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Ignore them

You owe nothing

 

Dont get fleeced

All you are doing by paying is financing the harrassment of others

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 wouldn't say I owe them nothing, the insurance policy would have settled 6 months of instalments ON LOSS OF EMPLOYMENT not the full balance. (full balance and the same amount again on disability or death) But i certainly do not accept the additional s and the terms and conditions. I do not believe i have ever signed them for the loan anyway, just the credit cards (they have not provided the signed agreement for the loan and the credit cards are fully settled)

 

i have no intention of paying them anything now unless forced to do so through a court of law, which i will defend vigorously.

 

Even now, I have potential job offers back in the GCC which by their actions they prevent me taking up. IF THEY WERE NOT SO SIMPLE MINDED AND FRANKLY IMPOSSIBLE IT COULD ALL HAVE BEEN SQUARED AWAY. Its BONKERS

Edited by lorcandub
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the point is

they would have gotten the moneyback you owe anyway as I cannot believe that they would not have had bad debt insurance anyway

all financial co's do. and got tax back too, this is Dubai we are talking about.

 

id even go as far to say that those that do pay them direct if digging were to be done, that money was forwarded onto the debt buyers .

IDRW and CWD cant ge doing all this chasing for free so must be getting something out of the original creditors.

 

also unlike the UK they don't have to abide by any of our rules, saying their client is XYZ bank might be wee bit of a white lie …...

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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have you looke into these people? You will see that they dont obey UK or EU law and that is why the UAE banks cant enforce any debt outside of the gulf.

 

As long as you dont go back there or to Saudi there is nothing they can do to enforce the debt other than try and wear you down by being a nuisance

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CWD are a UK company.

I do not know if they have/had not had success but it would appear that they are very active so one would assume that they are not wasting their time.

 

I shall update if or when i get anything that is court based or served.

I think that will be the next step.

 

I think they get success at that point if people do not defend.

Its all 'think' as people do not seems to return to any of the 10000's of threads on this and post outcomes, which in itself is strange.

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which 99% of the time means it went no further.

of the 1000's of threads here we would hear If they didn't even in a few cases

we don't...sc@mmers united...as with ALL DCA's

 

dx

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

so one would assume that they are not wasting their time..

 

For every 100 toothless letters they send, I guarantee you 5 people pay up from fear. Not a bad return for the price of 100 stamps.

 

All this low hanging fruit means that why would they bother risking a potentially hugely expensive and risky foreign court case for people who do the right thing and ignore!

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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also just remember that where court cases are involved either they are:

default judgements . not contested

patsy clients.

people that give in without defending.

 

theres not been ONE CASE involving these players whereby jurisdiction of the UK has been questioned.

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

Statutory Demand has been served. I have checked it and it is the correct paperwork.

 

Now to defend.

 

Talking to a solicitor who is familiar with CWD

 

Letter will go to them to withdraw it.

 

If they do not agree, we shall then apply to set aside on a number of grounds.

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1st port of call is the agreement that proves they can bring an SD on in their own name against you when they don't OWN the debt.

they must have written authority from the bank in question

 

if not as that other thread , an SD cannot be used as a debt collection tool!!

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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dear lorcandub do post the outcome of this, as you said many post about SD etc but I have not seen any post after that..

 

I am on the same boat so curious to know what are the out comes. My 18 years of career is almost over due to this...

 

I don't really know what SD looks like - will that be

1) a standard letter with uae bank paperwork & TC Or

2) will it be a court paper?

If the answer is 1) then I had that but nothing happened.

 

All I can say they have not taken me to court yet 2 years and still fiddling.

 

Having said that I have no asset or work (since I returned from UAE) so perhaps I am not a good catch yet!

Edited by dx100uk
spacing
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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

and I doubt the OP has either

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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Thank you

So how is your expert responding?

Has he sent a cca request yet and proved the t&c state it can be enforced here by a third party? I bet it doesnt.

 

You only have 18 days

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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Yes i have 18 days

 

As stated, a letter will be sent today/tomorrow

 

This will request it is withdrawn and the initial grounds upon which a set aside will be applied for.

 

Further to that, request for evidence of a number of things, including to those you have highlighted and more.

Edited by dx100uk
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don't forget costs too!!

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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