CWD PAP LOC - UAE Debt Mortgage

[hzeee]

 

Hi there - I have been told by ADCB (a UAE based bank) that a UK legal firm (suspect it will be CWD) will be in contact with regards to a UAE  mortgage that I have not been able to pay.

 

Do you happen to know of a good solicitor that is well versed in these cases that could guide me through? cheers

•  

[dx100uk]

sorry we are not allowed too

plus you don't need one.

 

its all hot air.

[dx100uk]

heres why

 

[AndyOrch]

Post moved to your own thread in the 

• Overseas Debt/Overseas Account issues Forum

Please continue to post here to your own thread.

 

Regards

 

Andy

[hzeee]

Cheers! I came across the attached, which to me means that if a bank got a uae judgement against you, it is recognised here in the uk and the uk courts can enforce. Am i missing something here? Appreciate your feedback. 

Enforcement of foreign judgments in England.pdf

[dx100uk]

aren't members states of the EU. 

don't know where UAE was in there?

 

dont waste you time people 27 pages of nothing relevant

[hzeee]

Sorry i think the key point here is the common law regime, which i read it as if it is judged under common law, then its recognised / enforced. 

 

No intention to waste anyone’s time here. I am trying to seek help and be helpful to others. 

[Hornsey62]

Hzeee 

 

Have you got a judgement against you in UAE ?

 

If not it's a very grey area and up to a judge if they will hear a case here in the UK. 

 

You will see all the answers on my thread. No one can say for sure what the outcome will be.

 

The more I read the more confused I get but you have to ask the question why if it was so easy don't CWD always take their threats of court claims further ?

 

No one comes back with any updates. Only a few that have said they've been made bankrupt but no actual details of what happened in court! 

[dx100uk]

read the threads here already

theres nothing they  can do to you.

we've already investigated every avenue

 

there is no CML with UAE

nowhere will you find any ref to anyone ever already having a uae judgement  in existence....

 

 

 

[hzeee]

@Hornsey62Thanks, I agree, it sounds odd, but in the same context of results updates, we have not heard many who have told us of their positive outcomes. 

 

I wonder if there is a centralized register of judgements where we can see how successful uae banks / cwd / others have been. 

 

I know they’ve filed a case in uae courts to enforce on my property (which I know they can’t do due to a mess up on their part) but since then I have not heard back and the bank has re-engaged, with the usual threats that if you dont pay we’ll sue you. 

 

The devil is in the detail i think. If they have filed a lawsuit to enforce and take over property that would not prevent them from suing for default under mortgage agreement. 

 

Appreciate the thoughts. 

 

Thanks dx100 - appreciate the feedback.

Why do you think these banks dont get uae judgement in the first instance? 

 

[unclebulgaria67]

Perhaps Banks in UAE can only easily obtain local judgements, where the debtor is detained, so they have opportunity to pay the debt or come to a legal settlement.

 

Once debtor in a western country, they cannot gain a court judgement, as there is no UAE court judgement. Bankruptcy would be expensive, difficult if challenged and in most cases unlikely to gain their money back.

 

Cheaper to use a UK Solicitors as Debt Collectors, where it is a admin process mostly to hassle money from debtors and they get a share from the money received.

[Peterbard]

Transfer of land or real property can only be done by deed in this country, as someone just said, "by the mortgage". LOPA 1925

 

Hope that helps.

Peter

Edited March 22, 2019 by Dodgeball

[ericsbrother]

think about it, why do they use companies like CWD to chase people up with veiled threats rather than just going route one?

answer, they know they cant.

 

Law is not extraterritorial withoput treaties and the UAE fails at every hurdle to satisfy any EU legal requirement for debt enforcement so they wont be given one.

 

Half the time the UAE banks dont even satisfy UAE law on debt enforcement even though it is very simple for them to obtain a local judgement.

[hzeee]

Thanks, that is a good point actually.

 

In the same light, we dont manage to see lots of judgements from uae banks in gazette.

 

Having said that, in some of the earlier threads, some users do say they got made bankrupt. I

 

t would be so much simpler if we have someone’s full journey until either case dropped (hopefully) or they are made to pay / bankrupt.

[Hornsey62]

Hzeee 

 

How are the bank engaging with you ? Is it by phone, email or post ?

 

What approach are they using? Are you sure it's the bank you're talking to and not the debt collectors  as they do lead you to believe  they are actually bank employees when they are an outsourced  company.

[AndyOrch]

Being made Bankrupt and issuing a court claim for judgment are two very different things with very different processes 

[hzeee]

20 minutes ago, Hornsey62 said:

Hzeee 

 

How are the bank engaging with you ? Is it by phone, email or post ?

 

What approach are they using? Are you sure it's the bank you're talking to and not the debt collectors  as they do lead you to believe  they are actually bank employees when they are an outsourced  company.

 

Hi  - Directly mostly via email correspondence, so can see their email addresses and they call me from their local numbers +971. They may have figured out all of that and put in a professional bank branded front, but that is unlike them. 

[Hornsey62]

Their debt collectors are based there in the UAE...  it  has been known before.

 

Worth checking the phone number is actually the banks.

 

 

[dx100uk]

block all email addresses and bounced them back

you do not ever pay attention to any email/phonecall/text.

[hzeee]

I have been served a letter of claim from a UK law firm pursuant to the provision of PAP for a mortgage i have in Abu Dhabi, UAE.

 

they are requesting that I pay the whole mortgage in one go, which is impossible to make.

 

i have been in discussions with the uae bank offering them to hand over the property and agree an amount to settle. They are refusing to take the mortgaged property and are asking for the full amount outstanding.

 

The mortgage agreement governing law and jurisdiction is :” agreement shall be governed by the laws of the UAE and the civil courts of dubai will have jurisdiction over all disputes under this agreement”

 

They have failed in their court case in the uae due a technicality. Do you think they can sue me in the UK or is it just a scare tactic to force me to pay?

 

thx 

[dx100uk]

we can guess who this is then..

drumroll..

[unclebulgaria67]

UK court should not deal with this,, if the UAE finance agreement is only subject to jurisdiction of the UAE.

 

It might be that they have issued the letter, hoping to fool you into contacting them to make payment.

 

You can either ignore and wait to see if they issue a UK court claim.  Or write to them stating that they should refer this back to their client as it appears that their client has not provided them with all of the information, including issues their client has had in the UAE. Leave it up to them to find out what the issues were.

[Hornsey62]

Have you  any disputes regarding this claim? 

[dx100uk]

old and new threads merged please keep to one thread

 

 

dx

 

[Hornsey62]

Only disputes can be heard in dubai.....here if there is not