CWD - PAP Letter re old UAE debt now claim form

[AndyOrch]

Posts moved to own thread

[AndyOrch]

Interesting article...wonder which Solicitors they spoke to...

 

https://www.buddyloans.com/blog/returning-to-the-uk-with-debts-outside-the-uk/

[Hornsey62]

Dx

 

We need some help here

 

You can't keep saying the things you do...do you realise what impact this is having on people's lives.

 

Can you help us or not..they have jurisdiction we know it that now so what do we do ?

[AndyOrch]

Start to prepare the basis of a defence Hornsey62 as I have advised on your own thread.

 

We cant use the normal technicality defence which puts them to strict proof as we dont know if this is being tried under UK law or UAD Law.

I would assume the full protection of UK laws should apply given that it is being tried in an English Court and we should utilise them.

 

But we also must treat this as an unregulated loan for all intents and purposes 

[Hornsey62]

The T&Cs are governed by UAE law and the judge did say that UK courts are competant in hearing these cases although she did say no one's getting their hands chopped off!!

 

Makes a mockery of it in my opinion. Only have to look at the news today to see what a joke UAE law is.

 

How do you treat an unregulated loan Andy ?

[SquaddyP]

I think there is no consistency across our own courts for hearing things like this, which again makes it harder to defend.  

 

It’s how confident we are at the defending time as well (in my view)

[Hornsey62]

You are right squaddy

 

The banks don't even stick to their own regulations...they phone you constantly to take out loans when they know if you lose your job you have to leave..madness

 

You have insurance that they won't honour and won't let you arrange a repayment plan and then bring their claims here for our courts to deal with because they can't be bothered. How is that right ?

[AndyOrch]

Well UK unregulated loans are legislated through the FCA I understand....as for unregulated UAE agreements 

[Hornsey62]

So we have no idea how to defend? 

[AndyOrch]

We have a starting point and very strong 

 

I did advise you to raise points such as had the claimant requested permission to serve out of jurisdiction. The English Court should not exercise its jurisdiction if there is a more appropriate forum (known as the doctrine of "forum non conveniens") and Another gateway is where the dispute relates to a contract which is governed by English law or contains a term conferring jurisdiction on the English Courts to determine any claim in respect of the contract.

 

Im relying on you to provide a little history to any disputes unfair charges and interest etc etc

[Hornsey62]

I understand what you're saying Andy but it seems none of the above applies due to The Rome Convention  (they are circumventing the law as far as I can make out)

 

I can tell you the circumstances around why I left but a judge wouldn't give that consideration would they?

 

So apparently our cases can be heard here to give us protection but we have none because the loans or credit cards are not regulated here! 

 

Something wrong with that.

[AndyOrch]

Have read of 57-63

 

http://repository.essex.ac.uk/15979/1/Final Draft_Thesis.pdf

[Hornsey62]

Going to read now 

[dx100uk]

Hornsey62

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Posted 5 hours ago

???

 

if versus has been banned they will be but not Hornsey62

but anyway you don't need those to do a defence .

 

dx

[Hornsey62]

Why Dx we know a lot more than you do about this surely. We've been out in the cold sInce we lost the out of jurisdiction case and now have had to battle it on our own

 

So why do you think cag know more. I thought you were here to help people but apparently not if challenged

 

We relied on cag and were let down BADLY and so stop with your advise you really know nothing about

 

If you want to help find out more

[dx100uk]

I am simply pointing out what happens when a user is banned.

anything from them if you've not saved it off cag will obviously vanish.

 

as far as we are aware, all that's been supplied in relation to requested documents is one or 2 pages of Arabic and English side by side stuff that proports to be an agreement..which wasn't, which was not posted to cag..which turned out to be a red herring to hide it..

 

until they cough up with an enforceable English version of the signed agreement and everything else thay must produce to be even remotely successful in their claim, the best idea might be the usual no paperwork/holding defence putting them to strict proof , esp upon the enforceability of any agreement under UK laws.

 

 

 

[Hornsey62]

No one on here has been sent anything in Arabic everything we received you received. ..none of us ever got sight of the T&Cs. .

you know that.

 

It's all been sent from county courts in this country and no one knew  how to to defend.

You mislead us and has cost us money we can't afford. 

 

You told us they could do nothing.

.to any of us ..wrong.

they can.

We relied on cag..wrong. .and now we are speaking out

Probably be banned now..

 

Where's Andy now with all of he's knowledge?  No where.

 

I'm beginning to wonder what this forum is all about.

 

Banning people for having more knowledge? ?

[dx100uk]

why would admin ban you.?

have they banned someone for having more knowledge?

or have they suddenly come to CAG with what appears to be more knowledge ..but are infact someone that's thrown the kitchen sink at their claim and have suddenly realised that was p'haps not the right thing to do??

 

the ban was more likely that they couldn't abide by simple rules of respect for others

it's not personal here..it's an anon forum..

.p'haps they were like that and followed us and blamed us, as you appear to be doing at present out of frustration.. over something that to date has only ever gone to a certain point..hence our advice ..only went to a certain point.

they CHOSE to do what they have done...if they don't make a thread and ASK for help..they cant blame CAG.

then come here firing bullets for the mess they are in.

 

no signs of it costing you money to date..stop exaggerating things,

all that has happened is the matter of jurisdiction has been, to date, allowed to progress..to a std UK court claim.

 

to the date of their latest escapades with you and the others here ..they haven't done anything further..i nor CAG hornsey have a crystal ball that can see the future!!

 

what we do know with quite a firm knowledge is that these people will pull ANY STUNTS they can to get a well publicised win.

and as it stands , the publicity and doubters within the threads on cag of recent, be them members of the wide firm of paid believers or otherwise, are succeeding in undermining you and the others facing these cases.

 

as for the useless Arabic/English agreement 

it was mentioned here post 54

you've not seen them so ...

 

stick with the disclosed facts of YOUR case, that's all the judge will do not anything else  hornsey..

 

as for andy not being around..its 01:30AM.

 

have you actioned what he recommended

post 96 here

 

please post up the work that you've done since then to help everyone...……………….. 

 

time for bed ...

 

dx

 

[dx100uk]

posts moved to own existing topic

 

[dx100uk]

On ‎06‎/‎04‎/‎2019 at 22:53, Andyorch said:

 

No advice to offer at the moment you said you had 21 days to prepare a defence.....have you made a start as requested last week in preparing points that can be used in your defence...what about the initial debt ....any disputes...reasons for leaving it behind etc etc.

Andy

ref above too

 

[Hornsey62]

26 minutes ago, dx100uk said:

doesn't mean the agreements nor T&C's ARE enforceable in this country

simply means the judge decided the case 'could' be heard under UK jurisdiction.. there is a 1000mls difference between the two...

 

 

Trouble is no one ever sees the T&Cs until CWD get involved. The bank rep always meets you somewhere other than the bank to sign an application which is a declaration you agree to T&Cs  so you think you've signed an application but in reality you're agreeing to T&C you've never seen

[SquaddyP]

Yup. 

 

 

[dx100uk]

great excellent point..dont need to understate how corrupt the whole system is over there myself..its your DUTY now to bring everything under the judges nose..prove what you are saying and intimating..in your defences..

[Hornsey62]

Yes I alone can take on CWD!

[dx100uk]

well that's the way it always been and will always be in court - you've known that from day one matey!!

 

I have lost track of the number of times I've experienced utter BS from a defendant in court on these cases 

no wonder they all lost...or were they paid too….

 

you seem intent on wasting your 21 days in worrying if the sky will fall like Christopher Robin..

 

so since andy advised to get on with writing your defence..have you ACTUALLY done anything to help yourself and put up any pointers that others can expand upon for you.??

 

sorry for being very blunt...but all it appears you have done is run around every other thread bar your OWN moaning..