i was made bankrupt by CWD in late this year

[Mr A]

Hi Guys,

 

Just to let you know, i was made bankrupt by CWD in late this year.

 

“And the court being satisfied that the EC Regulation does apply and that these proceedings are Main proceedings as defined in Article 3 of the regulation”

 

As i was divorced, sold my house i wasn't that bothered about the bankruptcy

- but i wanted more than anything the threat of this to go away.

 

my issue now is that there is STILL a criminal case open in Dubai, although they chose to proceed under English law.

 

In court the judge said there could be no "double dipping" for this action, meaning the case should now be closed in the UAE.

 

I am currently trying to contact CWD in getting this resolved.

 

But they are making people bankrupt,

you will need to fight this action,

but as like me having already been made bankrupt

- i feel this sets the law for ongoing cases.

[unclebulgaria67]

People should note that this post from Mr A is the first comment posted by them and therefore they should treat it with a level of caution.

 

 

This is not to say what is said is not true,

but that some comments posted online are designed to increase the level of anxiety and help those collecting debts.

[Mr A]

I would be more than happy to show you all the files and bankruptcy certificate, this is NO joke or intended to frighten anyone.

But the fact remains, I did get made bankrupt and I didn't fight it as there was other reasons in my life.

 

Just beware that they can do this.

 

If anyone wants any information, please get in contact.

[unclebulgaria67]

Those that are interested in checking the validity can ask you for the court details etc

. All Bankruptcies in the UK are held in central records.

 

It was just a bit odd, that someone makes a first post at 5am on a Monday morning !

[Caszar]

I would be more than happy to show you all the files and bankruptcy certificate, this is NO joke or intended to frighten anyone.

But the fact remains, I did get made bankrupt and I didn't fight it as there was other reasons in my life.

 

Just beware that they can do this.

 

If anyone wants any information, please get in contact.

 

Hi

 

I can also confirm that I was recently made bankrupt by CWD due to being pursued by a UAE bank.

I have recently had my meeting with the Official Receiver.

 

Interesting that the judge said in your case that the UAE bank should now close any criminal case in the UAE due to the bankruptcy.

 

 

That would seem fair as the UAE banks are using UK courts and the legal system to pursue people

so once the matter is settled they should abide by the decision and not have a case left open in the UAE preventing you from ever returning there.

 

 

It will be interesting to see if the UAE banks respect that recommendation, I suspect not though knowing how they behave.

 

I have a number of other UAE debts that I haven't yet been pursued in the UK for through CWD or any other solicitor.

 

 

The OR has stated that all my outstanding debts will be included in the bankruptcy whether they have taken legal action in the UK or not.

 

That is a relief as I was concerned that once discharged from bankruptcy CWD would pop up again with another claim.

 

It would be good to hook up and discuss your case with mine.

 

 

I have created a group for individuals affected by CWD and the UAE banks.

 

 

[removed]

[unclebulgaria67]

It might help others, if you state the name of the UAE Bank that instructed CWD to proceed with Bankruptcy. It would be the UEA Bank that decided on this course of action and paid all the relevant fees. If they later found that the debtor had many other debts to be included in the Bankruptcy, they might not end up recovering much or in some cases make a loss.

[Mr A]

All,

 

A little more information which might help others in this ongoing battle.

 

Having contacted CWD this morning as i am trying to have my criminal case dropped in the UAE,

this would be due to the bank in Dubai, through CWD making me bankrupt in the UK

(the bank chose UK law to deal with this and not UAE law, this was also the understanding of the court on the final hearing as represented by CWD).

 

What CWD are now saying is that i still owe the money in the native country,

regardless of them making me bankrupt in the UK

- hence the criminal case will be open till i settle my debt.

 

This will have BIG impacts in the legality of any further UAE claims against UK people as they are in fact "double dipping"

- i am awaiting a response from CWD and will post it here in due course.

[unclebulgaria67]

Can you provide the UAE Bank name that proceeded with Bankruptcy,

as this would be information that would be very helpful to people in deciding what to do.

[Mr A]

"We are currently securing approximately 25 to 30 UK Court judgments each month for our UAE banking clients including American Express, Emirates NBD, Rak Bank, Mashreq Bank, First Gulf Bank, Standard Chartered Bank and Abu Dhabi Commercial Bank"

 

If anyone had one of the above banks

- then what I am saying would apply

- the one who made me bankrupt is listed above.

 

Note

- i have another bank of whom i owed money too,

these are listed under my UK bankruptcy

(so in the UK can not touch me now)

but they never did anything other than call my company(s) i was working for, made threats over linked-in etc.

like many others have experienced - this bank was HSBC

[Mr A]

All,

 

I am now going to talk to other legal services in the UK

- i belive this is an unlawful act and a total discredit to the UK justice system

- CWD failed to mention this in court at my hearing that this would not close this case with the Dubai bank

- they have made me bankrupt and i still owe all the money !!

this does not make any sense.

 

"With reference to our earlier conversation,

although you have been made bankrupt by the UK courts you are still criminally liable for the outstanding debt in the UAE.

 

Therefore, the only way you can avoid being arrested if you decide to return to UAE is to clear the outstanding debt."

[unclebulgaria67]

You should raise the issue with your local MP,

as if a UK court is being asked to enforce foreign debts,

then the debt in the UAE should be cleared,

once the Bankruptcy period has been completed.

[steampowered]

The fact that you have been declared bankrupt in one country does not necessarily mean that the courts in other countries have to recognise that.

 

UK bankruptcy gives you a clean bill of health across the EU, thanks to EU law. This is one of the many lesser known benefits of EU membership that not many people appreciate. However, countries outside the EU are free to choose whether or not they want to recognise a UK bankruptcy under their own laws.

 

My understanding is that the UAE treats non-repayment of debt as a criminal matter. I doubt your debt would be wiped in the UAE by your UK bankruptcy, at least as far as UAE law is concerned. It would be wise not to visit the UAE again (or indeed any of the other gulf countries which have signed the Riyadh Convention).

[Mr A]

I would in part agree with you, in many totally disagree.

 

The reason why I would agree is under the law in the UAE you are correct, this is what everyone is aware of.

 

The many items I would disagree on are,

when signing any contract in the UAE you do so under their law and terms & conditions (your point),

 

 

when that company decides to then use UK law to recover the debts or penalties owed under a none recognized UK contract

- then they should be also wiping the original debt in the country of origin

- as this is called "double dipping" and something the UK/EU courts are totally unaware of when making people bankrupt.

 

 

They are making you bankrupt in many cases for nothing,

as you still owe the debt and can still be imprisoned from it in the home country.

 

Also the point about not visiting GCC countries,

i would say you can visit all but the country the debt is in,

as when you are a tourist they do not check,

they would only check if you applied for a visa in that country

 

 

- trust me I know as i have been back to other GCC countries other than the original one previously.

[unclebulgaria67]

From my checks on this,

these UAE Banks have only started taking forward bankruptcy in the UK since last year and there have been about a dozen cases.

If you search the London Gazette, you may find yours listed.

 

Given that this is fairly new,

it would seem sensible to raise this with MP's,

so they can see what they can find out with relevant government departments.

 

 

I doubt that UK government ministers would be happy to allow double dipping,

with UK courts used for enforcement of debts and for these debts to still be outstanding in the UAE.

 

 

What about those people with a CCJ,

who have paid the CCJ amount,

but still have the debt outstanding in the UAE.

 

 

At some point they could be travelling via the UAE and end up having problems because their debt was not cleared.

[steampowered]

The Riyadh convention essentially provides that a court order made in one GCC country will automatically be enforced in other GCC countries.

 

 

I believe a number of people have been arrested in Qatar, possibly in other UAE countries, in relation to UAE debts - see http://www.theguardian.com/law/2014/may/22/britons-jailed-losing-jobs-bounced-cheques-sharia-law-interpol-arrests.

 

You are probably right that this is not something that would be checked by the immigration officials.

The risk would be if the bank found out you were going to visit Qatar, for example, and then decided to use the legal process in that country to enforce the debt.