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    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
    • Thanks ericsbrother, I'll get on to it.  It appears that they had taken on the contract that very morning, so I'm one of their very lucky first victims. Waaaay 
    • Yep I sent a copy to them also. Just send strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂 Will arrange a date ASAP!    Thank you again
    • @BearLake1   I have a similar PCN from the same place. I've just received 'Letter Before Claim' today. I wonder if you are able to share your reply to CVS? Did you send your reply by email or mail?   Thanks!
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rgaine

Dubai Debt through UK Courts

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Hey. So far heard nothing. I have legal advice from a top solicitor. Basically they can do nothing to harm you but yes can sell the debt on but it would have to be for a large amount. Even if the debt came to the UK they would have to follow our rules. It would be up to a court and then a judge. First yes they would ask fr the full amount but if you coldnt pay they would look at a payment plan which is easier.

 

I have an added bonus of the emails of abuse received from the banks and Bilkish associates and Tahseel which they told me to keep these as evidence and the abusive phone calls. These will stand for me if I ever went to court here. Also the fact that they don't follow laws and break too many the judge would favour this.

 

I have tried to ask for a plan to pay but keep getting abuse which I give back 10 fold.

 

As it stands it is better for me for my debt to come here so I can pay £20 a month job done !!!! No more **** or hassle from these greedy agents.

 

Yes I agree you owe money you pay it back but there is no need to get aggressive !!

 

If you need assistance then feel free to mail me

 

benode@live.co.uk

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Morning Guys.

Such a pleasure to see all the comments on here.

 

 

I have also been writing elsewhere also if people want to see there.

 

 

I started writing on here back in 2009 when I left Dubai as I can tell you I have had 5 years of complete hell but I am still here fighting back.

 

 

My update is that I owe 4 banks money 4 credit cards and a loan total about £80k ( should actually be £35k) but you can imagine the stupid banks and there interest they have put on over 5 years.

 

 

Last year I was waiting for CWD to get in touch after reading so much about them

I had been 4 years with nobody getting in touch although I was in touch with the banks to try and make repayments which did nto work as they just wanted to abuse me.

 

BUT my 4 years have been interesting and I am not sure if anyone has had the same done to them but if so please let me know.

 

 

Over 4 years I have had the famous Bilkish, Tahseel and many more doing the usual stupid and against the law tactics that they do around the world.

 

 

4 years of abuse calling my home, my work yes my work asking for my director and my fiancé which was the worst.

They actually called her in her work!!

 

 

So you can only imagine what I have been dealing with people having to find out about my situation.

That actually helped though as they supported me after all it was not just my own fault that got into trouble in Dubai but I had to take it all!

 

 

What these collection agencies did not like is that I fight back!

Oh they do not like it because they think you will crumble and give in!

You must be joking.

 

 

I had a threat with pay up or else I will rot in jail,

or if I ever come through the airport I will be tied up and beat up!

Yes believe me and I have all the emails as proof!

 

So when the lovely CWD sent me there usual crappy letter of “oh we are securing judgements” la la la la for my 1st bank I did the same as many others and started to defend myself.

 

 

I use many forms of information, I don’t have money for a solicitor and I defend myself.

After 4 months they finally come back to me after the information I requested seemed to be hard for them to obtain like T&C OF WHEN I SIGNED FOR THE CREDIT CARD not now in 2014 as I agree Terms do change.

 

 

Also asking them where the proof is they can act on behalf of these banks???

They never reply one bit and then they had the cheek t call me in work and then apologised saying it was a mistake but that they were allowed to do this! WTF are they serious.

 

 

I have complained to the SRA and the FCA also my local MP

all whom say the same it is a grey area

 

 

but I say that CWD are trying to jump on the band wagon here to make some easy money and I do not think they are following all the rules.

 

 

I had a reply back from Mr Coyle explaining some things I will post in here when I get home later.

 

 

They always seem to shy way from the question under what jurisdiction are they working under??

 

4 weeks ago I got my 2nd letter from my 2nd bank emirates a little larger sum of money but with this one a little different as this is where I have had the abuse and every law broken in the book and they want to chase me for money well not so easy.

 

 

So I have replied and I have also complained again to the SRA about CWD and Mr Coyles activity and also his solicitors.

 

 

He actually told me that they are so busy they cannot cope!!!!

I sent all the evidence of abuse and calling my work / emailing also. Lets see what they come back with

 

Please keep posting guys.

My friend is helping to set up a site for me where we can all Blog and by people power we will overcome these stupid acts from CWD in unfair debt collection practices that hardly any solicitors in London know anything about.

 

 

I have dealt with this for 5 years and I will not stop until justice is done.

Yes we want to pay our money if we can but it should not affect our UK status and credit file one bit this is unfair.

 

Do they know what happens if you miss one payment in Dubai??

Yes that’s right you rot in jail and get beat!

Is that right no it is not and this is what CWD do not understand.

 

 

If they can chase this in the UK under UK law then surely other laws have to be taken into consideration.

I doubt some small court in Northampton know anything about Dubai.

 

Thanks guys

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Hey Guys.

I have twice complained to the SRA and they have come back to me saying they are looking into it.

I even go my local MP involved and they emailed the SRA also.

I have also contacted the Daily Mail to see if they are interested in the story.

 

I will let you know the blog once it is up so we can all chat there and share stories.

Every time i ask the question to them about the jurisdiction they cannot answer.

 

 

Here is what i got back from My Coyle himself so you can see

 

- I am not the best person to express any views on the way the banks treat you and I can say that the sentiments you have expressed are not uncommon! ( so why are they representing these stupid banks then ) !!!

 

From a UK perspective, I can assure you that:

 

1. We are fully regulated in all our activities (including debt collection) by the Solicitors Regulation Authority;

 

2. In relation to our debt collection services we are exempt from direct regulation from the Financial Conduct Authority

– it’s a bit of a minefield,

but if you can access the FCA’s Perimeter Guidance Manual online,

you will find the solicitor’s exemption at 5 (b) of PERG 2.8.7C;

 

3. Tracing Services are no longer regulated by the FCA at all (under the previous Office of Fair Trading regime, debt collection companies, but not solicitors, were regulated) but our services are carried out in line with the Code of Practice issued by the Credit Services Association which itself ensures compliance with our statutory obligations under the Data Protection Act;

 

We are handling thousands of accounts here (RAK Bank is one of 10 banks we act for in the middle east) and, regrettably but inevitably, the service which bank customers receive is not as pristine as you might expect if you were buying a new car, or anything else more pleasant for that matter.

 

 

My job is to ensure that our banking team work ethically, compliantly and efficiently for the benefit of our banking clients.

 

 

Sometimes, I’m afraid, the volume of traffic being handled by our team does not allow for every single question posed by a bank customer to be answered.

 

 

That appears to be the case here but I’m more than happy to answer any additional queries you have over the telephone if you wish.

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CWD have to be very careful how they issue any court claims, if they have agreed any contract to share debt collection proceeds with a bank.

 

 

If you look into what happened with ACS Law who had a 50/50 deal with copyright holders, it led to a very unhappy ending.

 

 

There are rules regarding Solicitors who benefit from any claims they bring and they have to advise the court plus defendants of this.

 

 

To issue a claim in the name of a client bank only is not being totally transparent with all parties involved.

There are also rules that SRA apply where Solicitors sign such agreements with clients.


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Hello everyone it’s beem a while. Any updates. I have seen now IDRWW operated by Mr Coyle of CWD are active and have already contacted me with the usual BS

I’ve contacted again the FCA and also local MP as I feel 2019 should be raise awareness if these companies not following the rules

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might be best to stick to your own thread instead of running around every UAE thread panicking about nothing.

 

dx


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Ha ha worry is something I will never do. The last 10 years I’ve battled on and done all my own research but always good l or something different

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if everyone stuck to their own thread

99% of these threads would be 2 posts long. = no ignore!

 

if you look at nearly ALL UAE threads

its the world and his oyster going around saying hows it going on every threads they can find relating to their issue.

 

dx


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

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you posts are all here now on your own thread.

 

dx


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

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

 

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Sorry if I don't contribute to the thread, but out of curiosity, why and how anyone would run into hundred of thousand of debt in a country where having bad debts is worse than murder?

After falling behind the first thousand, wouldn't a reasonable person try to clear the debt rather than pile up hundreds more?

Or is it a common misconception that running abroad after a few years in luxury would clear the debt?

My friend left UAE in a rush, even left his 80k car in the airport car park because chased for his debts.

He keeps moving from place to place and country to country in Europe, laughing at the UAE banks and thinking that they'll forget about him.

Instead they seem to have eyes everywhere and find him within weeks of moving every time.

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and theres stuff all they can do.

 

many just like your friend had to get out...and quick..we know why most of the time:madgrin:

just don't be journalist..

 

UAE then inflate the debt with unbelievable int rates..most of which suddenly disappear when fronted.

 

nuff said..


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

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Reclaim mis-sold PPI Read Here

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Very true, but the constant bother of receiving calls, emails, letters etc is a real pain.

Without considering that at any point our bright politicians could struck a deal with them to make the debts enforceable.

You never know.

Personally I would never even dream to visit such countries even if they offered me a free holiday.

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there is no 'deal' with UAE..

 

what he is suffering is what they do to everyone...and if there was 'a deal' then it would come under our laws..but there isn't and that is why they get away with all these threats and blatant harassment.

 

no one can stop it..but no-one should ever eact to it...ignore..document carefully.. then use it when the time comes..and it will..

there are more political things behind my simple comment of just don't be journalist..than meets the eye..

 

dx


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

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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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Dealt with CWD a few years back and after advice from dx100uk I’ve never heard from them again.

 

9 years of abuse from Dubai collections agencies I’ve managed to deal with them also. Now IDRWW tried there luck but  have told them unless they purchase the debt and it’s taken to court please don’t contact me.

Debt is at 500,000aed

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Dont forget to update your thread too then..:madgrin:


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

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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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Not as embarrassing as being sat in work and having a fax come though to your director saying they are searching for me as I owe money !

 

Then my partner at work which is how she found out.

 

That said 9 years I have battled them all and will continue.

 

As for CWD and IDRWW there will come a time and I am happy to stand up them all with a group of all of us. 

 

I’m still trying with local MPs and FO

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I am going to raise this again with the FO tomorrow and my local MP.

This is not on at all and no way fair.

 

I am also going to message all my contacts at step change and other debt charities to let them know this. 

 

Regardless of situation it cannot be right that they allow a debt to be collected here that has not even been passed in the courts in the UAE firstly and then using ruthless agents who go against all collection laws possible.

Double standards ! 

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Hi. Just to update everyone. 

I have contacted the BBC watchdog (I have a contact there)

also sent letter to SRA and the FO and ccd in all step change etc. I feel they all need to know this story in a sense that Cwd and IDRWW are not acting fairly in someways. 

 

I also received this message from an advice person high up Quoting

 

Thank you for your email.

 

“A non-UK creditor can contact you in the UK, either directly or by using UK-based agents to collect the debt. They also may be able to take action using the UK courts. To do this they would usually need to get a court judgement (the equivalent of the CCJ/decree) in UAE first, then start a second claim in the UK and get a judgement before they can enforce the debt.

 

If a debt originates outside of the UK it is not likely to be covered by UK regulators or ombudsmen, so if there are any legal disputes you will need specialist help. We would suggest getting independent legal advice from Citizens Advice Bureau or the Law Centre.

 

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who?


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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Step change 

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that explainsit ..since when have they ever done anything but make debtors blindly pay debts thru them anyway..

they don't even check debts enforceability when they sign people up to their plans..

 

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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I’ve fired an email this morning again and copied in the SRA, Step change, FO And the FCA.

I will continue to send this until I am heard.

 

I will not have Mr Coyle and his partners (ones who called me at my work and were working as debt collectors under the CWD name) get away with acting unlawfully knowing full well people here do not know the full story of debt in Dubai. 

 

The SRA especially need to do some research into this and instruct somehow those judges who sit in small claims courts to understand there is a lot more to this story and believe me there is plenty. 

 

It cannot go unnoticed any longer and not allow CWD to win these cases without anyone knowing the full story.

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SRA wont do anything. The solicitor is just being a good boy and being told to do as ordered.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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