CWD - PAP Letter re old UAE debt now claim form

[Hornsey62]

Hi all

I'm new here

 

have been reading a lot of threads because I need to deal with some old debts which I'm being chased for by DCAS.

I have one problem which I need to address urgently and hoping to get some advice here .

 

I had a credit card and loan in Dubai .

Usual story, lost my job and had to leave.

 

I only had agency work when I returned to UK so couldn't offer any repayment.

I was initially chased by debt collectors in Dubai who didn't use very nice tactics to say the least .

I eventually had to unplug my landline.

 

I have now been contacted by CWD who have sent me statements and signed agreements and have also sent me an Information sheet and reply form .

It says you have received this because a company intends to take you to court.

 

I have read through all the threads relating to CWD and cannot find anything that relates to my problem.

The advice I'm after is is this a pre court letter and do I need to fill it in and return. .

Grateful for any advice

Edited November 17, 2018 by dx100uk
spacing

[Hornsey62]

Thanks for you response

I have read all the threads regarding CWD but i can't see that anyone has recieved an information sheet and reply form. .

I just wanted to know if this constitutes a before court action letter ..it's asking things like do I agree I own the debt. .and incincome and expenditure statement for me to fill in ?

 

I haven't received a letter of claim. .I think what I have received looks like letter before court action. .it gives me 30 days to reply. .am I right in thinking this is letter before court action?

[Hornsey62]

Thanks. I'm new to this ..I will try to scan and upload. .may take me a while

[Hornsey62]

I'm having trouble uploading from phone so going to get on a computer Monday to scan properly.

This is from CWD solicitors ( I know they are DCAS )..

What I have received is headed.

Annexe 1 - information sheet

Annexe 2 - reply form

Annexe 3 - standard financial statement

It says you have received this note because a business intends to take you to court in relation to a debt ....and I have 30 days to reply. .is this anything to worry about ?

[Hornsey62]

Thank you for that ..should I fill it in and send back or do I ignore it ?

[Hornsey62]

Thanks for updating title and thanks for link ..

No i haven't received anything like in the link ..purely 4 sheets of paper stapled together. . Second page says if I don't return this form it could result in court proceedings. .should I ignore ?

[Hornsey62]

Thanks dx.. your post tickled me ..

No it did not state whether they were going for a ccj or SD..

I will get to computer Monday and scan what I have. Thank you for your prompt responses...hope this will help other people in the same boat

[Hornsey62]

Thanks will do Monday. .so glad I have found this site!

It's the most helpful one I have found

 

I agree with you totally and understand what you are saying about backhanders ..

.they entice you out there with offers of high salaries and lend money of lottery standards...

work promised lots of business as I was self employed.

 

Reason I took loan and credit card was I thought I would be paid and I never was.

.one day i realised they weren't going to pay me for work so I had to leave.

The irresponsible lending in this country beggars belief.

.regret ever going there

Edited November 17, 2018 by dx100uk
merge/space

[Hornsey62]

Couldn't upload today as too many people at work however I have seen squaddies post today and it's identical to what I have. .is this a pap letter ?

[Hornsey62]

Do I fill this in and return or ignore for now ?

[Hornsey62]

Squaddy received email. .mine was by post

[Hornsey62]

Thanks ...will ignore and update if hear anything else

[Hornsey62]

Hi i ..I have now received from CWD a county court money claims form .. It has a claim number and date of service 11 Dec 2018...I can't upload at the moment. Going to have to try tomorrow as I have a very busy day at work today.

 

Can anyone please give me advice on defending this as I've no idea. I thought they couldn't take you to court for UAE debt.

[Hornsey62]

Thanks for your reply renegadeing.

 

Very worried about this.

[Hornsey62]

Thanks so much Andy

 

New to all this..I'm in work till 10pm tonight so will have to read up on it then.

 

Will do what you have said.

 

Many thanks.

[Hornsey62]

Will do when I get home tonight dx

[Hornsey62]

dx

 

I'm trying to get my head around this letter of claim and trying to work out how to copy and paste on an I pad to my thread. Sorry not very good at all this.

 

I'm going to have to get someone to help me.

 

You ask for the particulars of the claim..typed out verbatim. There are 8 pages! Point 4 has 36 clauses..is this normal? From other threads I've looked at I've never seen that many.

 

Sorry for being dim

 

andy

 

in the meantime while I'm working all of this out because my heads spinning shall I just file my AOS ?

 

Thanks both of you for your help..don't know where I'd be without this place.

[Hornsey62]

These particulars came with the county court claim form not the pap letter. It's headed particulars of claim.

 

The first page with the court stamp has brief details of claim..noted

 

a) repayment of outstanding credit card liabilities

b) the claim is for payment in a specified currency

c) the claim is made in Arab Emirates Dirhams

 

I'm sorry I'm having trouble copy and pasting..going to have to get someone to help me.

 

There are definitely 8 pages of particulars of claim from the court papers.

 

I will have to get someone to help me upload them so you can check but I can't do that until Thursday.

[Hornsey62]

dx will get the rest of the pages off to you tonight when I get home.

 

Andy it is Salford county court .

IMG_0082.pdf

[Hornsey62]

Thanks dx

[Hornsey62]

By the way £10.000 interest and fees added

[Hornsey62]

There about yes...going to work it all out tomorrow. I have a day off so I can get my head around it all

[Hornsey62]

I have attached documents to my phone but will send from laptop in morning to make sure they are sent in order and are clearer ...

[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
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[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