Name of the Claimant ?
Abu Dhabi Commercial Bank
Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.
20 Nov 2019
Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -
XX + 19 = 08 Dec
08 Dec + 14 days = 22 Dec 19
^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total
Particulars of Claim
The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.
What is the total value of the claim?
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?
Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?
Yes - left Dubai
Did you inform the claimant of your change of address?
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?
When did you enter into the original agreement before or after April 2007 ?
After - Aug 2014
Do you recall how you entered into the agreement...On line /In branch/By post ?
Representative of bank visited at my place of work with all documentation.
Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?
Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).
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.
Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”
Were you aware the account had been assigned – did you receive a Notice of Assignment?
No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)
Did you receive a Default Notice from the original creditor?
Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ?
Why did you cease payments?
I was made redundant so had to leave UAE to return to UK. Despite me advising ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.
Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.
The payment I did make incurred high charges (SWIFT payment) so I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum. I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.
In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike - that I was only promised would be “cleared up” should I make payment.
So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).
What was the date of your last payment?
Was there a dispute with the original creditor that remains unresolved?
ADCB didn’t seem interested in the litany of questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?
Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.
Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?
I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k. I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for?? I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think