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Hi All,

 

I know this topic has been bought up quite a lot but I can't seem to find many specific answers or seen what happens when the process gets so far so I thought id ask around.

 

I have a similar story to most.

Had been in Dubai since 2013,

then in May 2015 my job fell through after the company was sold on and at a similar time I was dealing with the breakdown of the relationship I was in at the time.

 

 I figured it was in my best interests to come home.

It had always been my intention to clear the debt,

I still have friends and family over there.

 

My dad was hospitalised in March after a suspected heart attack and died in a Dubai hospital 24 hours later. I was unable to go over with the rest of my family to see him before he passed and so was left in the UK alone. 

 

Unfortunately, things spiralled out of control pretty fast.

My credit card debt was 20,000AED and since interest and charges have been applied after all these years the debt currently stands at over 350,000AED.

 

I had made numerous attempts to make a payment agreement that would be affordable but the bank always wanted the job lot. I did however get an email every Ramadan offering all of the interest and charges removed as a gesture of the holy month! But only if I made a lump sum payment of the whole amount or paid the whole lot over 3 months, also unaffordable.

 

About two months ago, I started receiving letters from IDRWW saying they were collecting this debt on behalf of Emirates NBD as part of a portfolio of accounts.

 

I have received one letter, email and text message from them approximately every week for the last 2 months, each giving me 7 days to respond so that they can make a reasonable payment agreement.

 

This weeks letter threatens court action and then possible bankruptcy, attachment of earnings orders, or CCJs if I don't respond in 7 days.

 

Judging from what I have read so far, I'm assuming the next step is receiving an SD? If that's the case, I'm not exactly sure what to do next,

 

Im seen a lot about people applying for it to be set aside and attending court, but I have been between jobs recently and am only just starting to get back on my feet so I will be unlikely to be able to afford solicitors etc to attend court with me.

 

Can anybody offer advice as to what will happen next and how best tp handle it without a solicitor?

 

Thanks 

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Dont speculate.

 

And no you dont need a solicitor

 

Dx


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IDRWW cant do court because they dont own the debt, are not solicitors a nd anyways the debt isnt enforceable in the UK for several reasons.

Should they be daft enough to attempt a civil action you just point out they have no locus standi.

In short, stop worrying about this steam (high pressure wind and water).

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Please stop giving people wrong information.  So far this year 4 of us are in court and yes it IS enforceable. .we owe £1000s in court costs alone .

IDRWW are CWD who can in fact  take you to court ...

If you are here to help people please give them the facts. .

 

Ericsbrother I am sure you have read our threads so please explain why you think these debts are unenforceable in the UK. ?

You are giving false information and people are believing they are safe !!

I am not a patsy.. just want people to know the truth 

 

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it is not wrong information 

it has not been enforced.

all that has happened is the judge have given permission for the cases to be heard in a uk court

that is not enforcement.

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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I also keep saying that anyone can sue anyone in the UK for anything.

It is when it gets to court and the claimant has to show locus standi and a cause for action that it all falls down for them.

 

UAE law is not enforceable in the EU for a multitude of reasons but with big money to play for Dubai banks obviously want to try their luck using a third party as they have nothing to lose

( and in any case, they generally cant even enforce these debts in Dubai because they havent followwed their own laws).

It is your job to make sure they get a spanking.

 

so name the court, tier and what the judgement was if my advice is wrong, I can only find references to cases that were not defended

 

I have reread your thread and it is clear that as you failed to enter certain evidence on time

the opposition went for a summary judgement and you got scorched.

 

I have advised people on parking threads to submit absolutely everything they can for case arnagement or set aside hearings in case they can go for a summary judgement if the parking co hasnt been on the ball.

This of course works the other way.

 

We cannot help where we havent been given the information and that would include knowing what orders for the case management have been given

 

look up champerty and maintenance and then demnd proof that they actually have a client that has engaged them properly as part of your request for ducuments if it gets that far.

 

Sd's are an odd thing but they will have to prove the debt if you challenge it and that will be very difficult for them as they wont have the paperwork and what was dealt with in Dubai wont be in English.

 

Did the matter go through the Dubai courts? if not then there is no debt as UAE law makes the demand void

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This claim is for a ccj and is going through uk court under UAE law. Apparently it is allowed.

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uk courts cant enforce UAE law.

we've not executed anyone since the 1960's


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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If we accept that a foreign debt can be subject of a UK Court claim,  if the claim is defended, then the claimant has to be able to explain their case, that a CCJ should be issued allowing enforcement here.

 

i think the confusion over which countries law applies, is as follows.  The actual credit arrangement comes under UAE law. So the credit agreement, treatment of debt default, registration of the debt in UAE, must all be UAE, as that is where the debt was produced. The credit agreement allows enforcement of the debt outside of the UAE in any foreign court, subject to international law, laws in the country where the debtor now resides and enforcement is being sought. So in terms of actual enforcement of the debt in a UK Court, the claimant needs to explain, if the claim is defended, how they are satisfying UK law ( which has accepted relevant international law) in seeking a UK court judgement allowing enforcement here.

 

Has the debt actually been correctly registerered in the UAE, so that it is currently capable of enforcement outside of the UAE ? They would need to prove, if defended, that all of the correct processes had been gone through in the UAE. Which is why, if a foreign creditor is seeking UK court enforcement, you ask them to supply copies of everything in English, E.g. Finance arrangement including terms and conditions, Credit agreement, default notice, foreign court judgement/registration etc. 

 

 

 

 


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