CWD - PAP Letter re old UAE debt now claim form

[AndyOrch]

By the way £10.000 interest and fees added

 

Yes in AED their own currency ....4.70 =£1 Sterling

[Hornsey62]

Name of the Claimant ? First Abu Dhabi Bank

 

Date of issue – 6.12.18

Particulars of Claim

1. The Claimant is a bank based in the United Arab Emirates (UAE) The current organisation was created as a result of a merger between two UAE Based banks. First Gulf Bank PJSC and the National Bank of Abu Dhabi.

 

2. The defendant is an individual who was a customer of the claimant whilst resident in United Arab Emirates but is now resident in The United Kingdom.

 

3. On or around December 2016 the defendant applied for a credit card facility (The First credit card) with the claimant which was followed by a subsequent credit card being made on or around 26 December 2016 (the second credit card) to the claimant. In the defendants signed applications he made a declaration which included the following wording.

 

“I acknowledge and agree that the use of the care of availing any of the facilities and benefits offered by the Bank’s credit cards using my credit card limit will be deemed an acceptance of the terms and conditions of the Bank’s credit card agreement (which may be amended from time to time) which accompanies the card(s)… Signing this application form is an acceptance of paying the prevailing annual fees upon credit card approval, commission, charges announced as per the banks service and price guided and applicable monthly interest rate 3.5%, late payment fees of AED 250 and Over limit fees of AED 250 (interest rates varies based on customer segment) that can be changed from time to time at the bank’s sole discretion.”

 

4. The Defendant’s signed applications and the terms and conditions referenced therein (“the T&Cs”) are appended to these Particulars of Claim in accordance with CPR Rule 16, Practice Direction 7.3(1).

 

The Claimant relies in particular upon the following express terms:

There are 38 clauses in number 4…5 pages!

Definitions banking terminology explanations of terms and conditions.

 

5. On a date unknown to the claimant (and in the breach of clauses 13 i, 13 ii and 13 iii as set out in paragraphs 4.29, 4.30 and 4.31 above), the Defendant left the UAE to reside within the jurisdiction of this court without settling his credit card liabilities to the Claimant. Further or alternatively, the Defendant breached clause 5 ii (paragraph 4.12 above) by failing to make any payment to the Claimant after 23 May 2017 in respect of the First Credit Card and 15 April 2017 in respect of the Second Credit Card.

 

6. In June 2018, in accordance with the clause set out in paragraph 4.33 above, responsibility for recovering the Defendant’s liability was given to Coyle White Devine, a form of solicitors practising within the jurisdiction of this Court.

On 12 June 2018 and 28 September 2018 Coyle White Devine made written demand for payment upon the Defendant.

The Defendant eventually responded to these demands on or around 13 October 2018.

However, he has failed to make payment

 

7. The Claimant claims the sum of AED 110,110.75 from the Defendant.

 

(A) AED 35,560 (£7408) being the principal First Credit Card liability due from the Defendant to the Claimant as at the due date of these Particulars of Claim, including all fees and charges payable to the Claimant in accordance with the applicable Terms and Conditions;

 

(B) AED 67,550 (£14073) being the principal Second Credit Card liability due from the Defendant to the Claimant as at the due date of these Particulars of Claim, including all fees and charges payable to the Claimant in accordance with the applicable Terms and Conditions;

 

© AED 7,000 (£1458) in pre-action legal costs under the costs indemnity provided by the Defendant as pleaded in paragraph 4.28 above;

 

8. Further, the Claimant claims continuing interest on the said sum of AED 110,XXX (£23,XXX) from the date of issue of proceedings until the date of Judgement or sooner payment at a rate of 8% per annum pursuant to Section 69 of the County Courts Act 1984.

 

9. Alternatively, the Claimant seeks interest on such sums as are found due to it at such rate and for such period as the Court thinks fit.

 

10. Pursuant of Practice Direction 16, this claim against the Defendant is a claim for payment in a foreign currency; namely Arab Emirate Dirham’s (“AED”).

The claim is so pleaded because AED was the currency borrowed by the Defendant and advanced by the Claimant under the terms of the Credit Card Agreement.

Adopting the foreign exchange rate of http://www.FT.com as at 16:55 on 20 November 2018 (being AED 4.70to £1) the claimed sum of AED 110,XXX equates to £23,XXX.

 

AND THE CLAIMANT CLAIMS:

(1) The principal sum of AED 110,XXX

(2) Interest under paragraph 8 or alternatively 9 above; and

(3) Costs on an indemnity basis.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received something of the sort titled information sheet

 

What is the total value of the claim? AED 10,11xxx £23,403+£1250 court fee and solicitors costs.

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 2 credit cards

When did you enter into the original agreement before or after April 2007 ? After

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original creditor through Coyle White Devine solicitors (DCA I think)

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? lost my job and to leave country as you go to prison if you default on payments.

When I got back to the UK I contacted the bank to set up repayments but they wanted full amount and I couldn’t do that.

Started being harassed by debt collectors in Dubai and then CWD

 

What was the date of your last payment? June 2017

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? As above

Edited December 13, 2018 by dx100uk
format

[Hornsey62]

Ive worked out today that for overlimit charge assessments ,late charge assessments and billed finance charges I have been charged approx

£8000 ..thats pounds not AED.. it was a loan and a credit card but they are saying its 2 credit cards ...

The statements i received show the debt has been written off by the bank and account closed and zero balance owing

statements.pdf

[dx100uk]

ive added dthe statements to the above post showing write-offs

[Hornsey62]

Thanks for that dx

[Hornsey62]

I want to get my defence sent off

 

Andy you said that this may be a manual claim because of the amount of paper work ( there are 8 pages of particulars)

 

Does that mean I have to send the defence in the post or can I do it online?

[dx100uk]

twill probably be by email to Salford.

i'll check later

 

defence is not due till the new year.

 

- - - Updated - - -

 

scan up the 8 pages or send them to me

[AndyOrch]

I want to get my defence sent off

 

Andy you said that this may be a manual claim because of the amount of paper work ( there are 8 pages of particulars)

 

Does that mean I have to send the defence in the post or can I do it online?

 

Your not required to submit a defence.....their claim is out of jurisdiction....you will be submitting an application notice instead.

[Hornsey62]

What do I have to do for that?

 

Sorry new to this

 

So I send AOS and out of jurisdiction ? . Can I do that online ?

Is that all I have to do and what do I expect after that ?

Thanks Andy/dx

Dx will send to you

[AndyOrch]

What do I have to do for that?

 

Sorry new to this

 

So I send AOS and out of jurisdiction ? . Can I do that online ? No as it from CCMCC Salford...so you will have to post it

Is that all I have to do and what do I expect after that ? An application n244 must be submitted within 14 days from the date of acknowledgment of service and supported with evidence as to why the court has no jurisdiction...but we are way off that yet...so its important to get the timing correct on acknowledgment as the 14 days start to tick.

 

Thanks Andy/dx

Dx will send to you

 

Andy

 

[Hornsey62]

Okay thanks Andy

 

I will post now as worried about Xmas post

 

Where do I get a N244 from?

[Hornsey62]

I've just read your post again about timing...should I wait a bit before sending the AOS?

 

I could take to the court in person if they are open between Xmas and new year

[AndyOrch]

Its too early...you have until the 28th to acknowledge service by.......and preparing the application takes time to draft...hopefully I will have time mid week to get it ready...so you can send it all together.

[Hornsey62]

Okay

 

Thanks very much Andy

[AndyOrch]

As promised.....

 

Click the following link for the N244...complete on line and print 2 copies...Court/File

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

 

 

On the form do the following...from 3 onwards (intro is self explanatory)

 

3.An order to the dispute the court’s jurisdiction to try the claim and declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have. And in addition make orders: setting aside the claim form; setting aside service of the claim form; and staying the proceedings. Pursuant to CPR 11 .1 a/b

 

4. No

 

5. Without a Hearing

 

6. 30 Mins /no

 

7. N/A

 

8. District Judge

 

9. 9a N/A

 

10. the Court has no jurisdiction to hear the case. The terms state it is dealt with in accordance with UAE law. A UK Court does not have jurisdiction to hear UAE law cases.There is no Foreign Judgment and therefore no action on the judgment.

 

Complete and sign the above and attach to your acknowledgment of service...dont forget to tick the " Contest Jurisdiction " box

 

There is a fee for the above of £100 without hearing...unless you qualify for exemption of court fees.

[Hornsey62]

Sorry Andy..having trouble with my laptop and could not reply earlier..

 

Thanks very much for all that information.

 

 

I phoned the court today as I wanted to ask if I could take the paperwork in person as I don't trust the post this time of year. They said I could email stuff over. Can I do this with N244 as I need to pay a fee ? or shall I email the AOS and post the N244 ?

 

 

Thanks for all your help

[AndyOrch]

If your close to Salford drop it all in and pay at the same time......dont think you can email the acknowledgment of service......you can email the application... and you can also make payment over the phone to them.

 

 

https://courttribunalfinder.service.gov.uk/courts/county-court-money-claims-centre-ccmcc

 

Perhaps you can file by email ?

 

e: [email protected]

e-filing enquiries: [email protected]

[Hornsey62]

It does say you can email acknowledgement of service and I did check with them on the phone. They told me you cannot bring any documents in person.

 

 

If I email the AOS tomorrow I have 14 days to send in N244 form ..Am I reading that right on the form ?

 

Re question 10 on the N244

 

you cant deliver any documents in person

 

Re question 10 on N244 form ..the 3 boxes above question

[AndyOrch]

Not sure what happened to your post?

 

 

Fine email the AOS and attach the N244 as a PDF at the same time.You dont have 14 days to make the application...the application must be submitted within 14 days from the AOS date.

[Hornsey62]

,sorry my internet really playing up tonight ..was going to ask question 10 ..the 3 boxes ..do I tick "evidence set out in box below " or do I leave all blank ?

[AndyOrch]

the evidence set out in the box below

[AndyOrch]

I would also post hard copies of the AOS and N244...we have seen emails go adrift and courts stating nothing received...so get proof of postage.

[Hornsey62]

ok will do thanks Andy

[Hornsey62]

Hi Andy

 

I phoned the court again today to ask how I can pay my fee and whoever I was speaking to said there's no fee if you are defending a claim. I said it was N244 for out of jurisdiction and he asked if I was claiment or defendant even though I was telling him I have to send my AOS. So I don't have much faith that he knew what he was talking about!.

 

I have tried to find out on the internet but I can't find any answer. Can I ask where you got the information or do you just know it's a fee of £100 ?

 

Thanks

[AndyOrch]

There may not be a fee....if defending the claim....dont worry the court will advise if there is and request it.