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CWD chasing me for UAE debt - but I had Credit shield


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Hi,

 

Is there any update with regards to the CWD letter? I have received the exact same letter from them this week and not sure how to respond?

Thanks

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Hi,

 

I received my first letter from CWD this week re FGB debt in Dubai. Not sure how to handle it, is there any update from anyone here that has taken them on?

Thanks

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Hi,People are updating various threads on here when they find out anything new or any action is taking place, so just keep reading.

 

It appears that CWD look to gain default judgements because don't defend courts.

So writing to CWD for more information is worthwhile.

You could ask CWD for written confirmation from the Dubai bank that CWD are legally authorised to act.

You could ask CWD for a copy of the original agreement that the Dubai Banks claims to have had with you.

 

Also a copy of the last statement of account from the Dubai Bank.

Also confirmation from the Dubai Bank of any Court judgements they have obtained in Dubai regarding the alleged debt.

 

What you want to do is to disclose the information that you should be entitled to, as otherwise without it, they are just sending you a letter asking for money.

If they want to proceed then they would have to go through the proper process.

We could do with some help from you.

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We could do with some help from you.

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Hi,

 

I have been in touch with CWD and requested further information with regards to the Debt

and they have come back very quickly with everything including signed Credit agreement, Terms and Conditions etc.

 

 

My only issue is,

is that I have Credit shield on my account and I wrote to the bank within the 60 days to inform them of the involuntary loss of employment

but I have heard nothing back from them in relation to this.

 

 

I have also sought advice from a similar solicitors to CWD and they have advised to liaise with them as the debt is enforceable in the UK

an they are more likely to respond in a kinder way than usual DCA's.

 

 

I have never said to the bank that I wasn't going to pay and thought I was in discussions with them.

 

This whole farce has left me feeling worried and sick,

I just want to know what to do for the best as there are so many conflicting pieces of information.

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Remember that CWD have a responsibility to address all pertinent issues relating to the debt. So you should carefully examine all the paperwork sent to you and go back asking questions. Has the Bank added charges or increased the interest rate ? What has happened to to the credit shield claim i.e has the Bank been informed of this claim. Probe CWD as much as you can, so they have to come back with more information.

 

In regard to conflicting information, this is because people are finding it very difficult to find UK Solicitors that handle foreign debts issues. Most of the Solicitors only deal with debts on behalf of Banks, as that is presumably where the money is. Not very many seem to represent debtors and they are then left to seek help from online forums.

 

UK courts will only generally get involved in foreign debt claims, where there is either a court judgement in another country or there is no dispute about the debt. If you want to stop or make it difficult for a UK court to become involved, you need to find reasons for dispute with the foreign Bank and you can do this through their representatives CWD.

 

If they issued a UK court claim while there was a dispute in progress with a foreign creditor, you can then dispute UK court jurisdiction citing the reason that you have an ongoing dispute with the creditor Bank in Dubai.

 

Edit - Make sure the Dubai Bank terms and condition allow the debt to be enforced outside of Dubai. If it only says that the debt can be enforced in Dubai, then this would make it very difficult for them to proceed.

We could do with some help from you.

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Lil21Whats your next stage?They came back with the information to you very quickly- Yes.Whats your next step?ThanksJolly Redger

 

Hi,

 

I have sent a letter back questioning the Credit shield as I rightly informed the bank in writing as per the policy regarding my involuntary loss of employment. I am willing to negotiate the amount owed and pay a monthly amount as I have tried to many times negotiate an amount with the Bank without luck. I'm hoping that CWD see this as a positive and see that I have made regular contact with the bank since returning to the UK. I will update ASAP as they seem to be on the ball with replies.

Thanks

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This is the reply I received today after I offered to Pay 10% of the full amount with £50 per month repayment

 

We can confirm we act for First Gulf Bank as solicitors. Please be advised, we have not bought the debt. We take all our instructions from our client.

 

We have sought further instruction in relation to the points you have raised.

 

With regard to the credit shield insurance, we have been advised that an insurance claim must be applied for within 30 days from the date of termination of employment. Also the account must be active (i.e. no payments have been missed), and all required documents must have been provided. For example; termination letter, cancelled visa, passport copy etc. The insurance company is not owned by the bank, it is a third party to which has its own terms and conditions.

 

We trust this has provided some clarification.

 

Further, with regard to you offer of repayment, we regret to inform you payments of £50 monthly have been rejected by our client.

 

Whilst we sympathise with your circumstances, our client is not able to settle for 10% of the outstanding amount owing.

 

You are welcome to make the above-mentioned payments towards your liability, however these will not be part of a settlement agreement. Therefore, as previously mentioned, interest will continue to accrue on the amount outstanding.

 

Whilst we understand you are not in a position to make an offer of a higher monthly amount (or a significant lump sum payment) at the moment, we would urge you to contact us if your circumstances change in the future. Our client will often consider a significant discount on the total amount outstanding if you are able to offer a lump sum.

 

We are aware you may need some time to consider your financial situation and seek independent legal advice. Our client is willing to allow for such, I would just like to take this opportunity to reiterate that we are fully committed to reaching an amicable solution to this matter.

 

We look forward to hearing from you.

 

 

I don't know how to manage this now? Any advice greatly appreciated. I really don't want to go down the Court route

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So did you apply for this credit shield claim properly. If so you should write to the people who deal with the claims and ask what is happening. Advise CWD of this.

 

What is happening here, is that CWD have some agreement with the Dubai Bank, where they receive some share to cover their costs. They don't want to be dealing with £50 repayments a month. If you paid a lump sum, of course CWD would take their share and pass the rest on.

 

Think you really need to study the terms and conditon of the Dubai account and see what you can use as a dispute. Give CWD reason to believe that you would be a pain in the *ss and it is not worth their while.

 

At the end of the day, there is nothing stopping them issuing a court claim if they wish to do so and if there are no reasons for disputing the debt, the UK courts are quite willing to apply judgement. All that you would have to pay is what you could afford based on your ability to pay. You would complete the relevant form to ask the court to help set the payment.

 

Remember that some Solicitors are really debt collectors and if someone is unable to pay, then they will not always go to court. They would be in the same position of having to deal with your affordable repayments.

We could do with some help from you.

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  • 2 weeks later...

Here is the Email I sent to CWD and their response.....Any advice??

 

FIRST GULF BANK

Without Prejudice

 

I have sought advice with regards to the repayment options and the figure that is manageable for me is £50 per calendar month. Since receiving your last Email, FGB have now sent me a further statement on 17th March, unfortunately I cannot open the statement due to it being locked you need the Credit card number, however I handed the card back to the bank upon losing my job. It seems though they are still calculating Finance charges (interest) and other extortionate fees onto the account making it impossible to come to a payment agreement.

 

With regards to the Credit shield on the account I am in receipt of the terms and conditions and I have complied with what is stated in the terms and conditions. I have attached a copy for your perusal. The bank were informed over the telephone and in writing regarding the involuntary loss of employment within the stated time allowed. They were then issued a copy of the termination letter and copies of my passport and visa. I did not hear anything further from FGB hence the follow up Email on 16th December. They have to date never acknowledged any of my correspondence to them with regards to this situation. I also note on the account statement you sent that Credit shield payments in excess of 1700aed approximately £310 were still being calculated until 15th January 2015.

 

I want to come to an amicable solution with regards to this matter however FGB are making this very difficult, causing unnecessary stress and worry. If my proposed amount is unacceptable to them, what would be acceptable to them? I would also like to ask the following questions for clarity.

 

1. Under what jurisdiction are you/FGB operating?

 

2. I have breached no UK contracts, what rights do they have to pursue this in the UK?

 

3. Which statute, Law or act are you/FGB using to enforce collection?.

 

4. This is UAE Contract, under UAE Law, what law is being used to collect outside of this jurisdiction?

 

Please can you also provide me with details of the proof of assignment in any agreement that provides the legal basis on which you can pursue this UAE debt in the UK.

 

Regards

 

 

Dear..........

 

FIRST GULF BANK

Without Prejudice

 

Thank you for your email, dated 24 march 2015.

 

As per our email (dated 16 March 2015), our client is unable to accept your offer of £50 monthly as part of a settlement agreement. However you are welcome to make the monthly payments towards your liability.

 

With regard to further interest and charges continuing to accrue on the account, unfortunately unless we are able to negotiate a settlement agreement, our client will be unable to crystallise your liability.

 

Accordingly, please be aware there are usually two main options available to you that our client would accept as a settlement, these are as follows:

1. To settle your liability via an agreed lump sum. You may wish to note that the bank may consider substantially discounted offers for settlement from you, upon the strict condition that the agreed lump sum is received within the same month the offer is made.

2. To set up a repayment plan, however the maximum time the plan can run for is 12 months (occasionally 24 months).

However, these are only guidelines and we will of course put any offer you make to our client for consideration.

We have sought further instruction in relation to the Credit Shield claim. Once again, unfortunately we have been advised that First Gulf Bank have no record of any claim being filed. Are you are able to provide any documentation in relation to the claim? For example, a copy of the written notice or claim form you submitted when you lost your employment.

 

In relation to the points raised with regard to enforcing this debt in the UK, you will note there is a non-exclusive jurisdiction clause contained within the Credit Card Application you signed. We duly refer you to the second page and then to the paragraph in the box headed ‘Primary Annual Card Fees’.

 

Further, we would like to draw your attention to section 17 of the Credit Card Terms and Conditions which also provides the non-exclusive jurisdiction clause to which you are deemed to have accepted upon use of the card. The non-exclusive jurisdiction clause allows our client to issue proceedings against you under UAE law, using the UK courts.

 

In relation to your final point, the debt has not been assigned to us. Therefore there is not a Deed of Assignment to provide.

 

We trust this clarifies your queries.

We look forward to hearing from you.

Kind regards

CWD

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Not sure what you do next. If you make the small payments per month, I suspect that this would not cover the interest and charges being added.

 

If I were in your position, I think I would write back saying that you consider the matter to still be in dispute in Dubai and that you will dispute jurisdiction in the UK, because of the issues that you believe are still outstanding in Dubai.

 

What is the worst thing that could happen ? You receive a UK court claim and respond by saying that you dispute juridication on the grounds of a continuing dispute in Dubai which has not been resolved.

We could do with some help from you.

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