IDRWW/IDR PAPLOC now SD served

[Cinderella18]

Hello,

Have been activity reading UAE threads on CAG for a number of months now and haven’t posted questions as most threads have answered questions or helped me.

 

I have recently received Letter of Claim from IDRWW with the contact a solicitor for CWD, but with an IDRWW email address.

 

Im looking for some advice on how to proceed as I can’t find many threads of this manner. 

Tx

[dx100uk]

obviously going for a backdoor CCJ as I suspect you've never told them in writing where you are residing.

 

expand on the debt please

but yes you must reply within 30days.

 

I will guess you've been in the UK a good while and have moved since coming back too?

 

dx

 

[Cinderella18]

Thanks DX

 

It’s a credit card debt, I don’t want to go into full details regarding the amount as I know they read this forum. But the interest has taken the debit to over 500k dirham.

 

They’ve had my address and have sent me letter ands emailed me over the years a few times I have replied explaining my personal issues and situation. Which they we we ok with.

Last time I heard from them was in 2018 and now I have received this letter of claim.

 

It isn’t titled letter of claim but says it is letter of claim in paragraphs. They sent statements, signed agreement document and forms to complete.

 

So your recommendation is to complete forms and reply to them?

Edited July 11, 2019 by Cinderella18

[dx100uk]

just clarify things..

 

you have informed them in writing of your present address and there are no previous addresses since your returned/came to the uk this period if there was another?

 

[Cinderella18]

Yes DX that is correct. This has been the only UK address and they are aware of that.

 

In terms of the debt, the bank I’ve the years kept increasing the limit as I am fed he account well, every time they did I called and asked for it to not happen as I was not happy to manage the large limit (trust myself) they talked me out of it and put a number of purchase on payment plans and recommended that I keep the large balance.

 

This happened a number of times over the years and they could see the balance building up and are very irresponsible in their lending practise.

 

I was using the card to live as the monthly payment was high and they could see that but kept raising it without my consent.

 

Dubai was very expensive to live in and became increasingly hard to manage so we left as we also had family health issue back in the UK.

 

hppe that helps    

[dx100uk]

thank you

I revise my advice then

they are well aware of your correct address

do not reply.

 

let the original creditor issue a claim in their name if they are that stupid.

 

i will guess as per the other crap on cag that the letter of claim is in fact not one entitled LOC from a SOLICITOR but from IDRWW a debt collector who cant issue a PAP LOC anyway ..and the solicitor should be stating their client as the original bank not some fake/powerless dca at the next nearer the bog than him.

[Cinderella18]

OK, uploaded letter to review

Scanned Documents 2.pdf

[dx100uk]

hehe

they quotes the supposed PAP rules but don't abide by them

how funny.

 

 

[Cinderella18]

Sorry DX, I’m new to this so want to make sure I fully understand and don’t want to make any mistake.

 

What do you mean by that comment, what aren’t the abiding by exactly?

[dx100uk]

click pap and read 

 

a DCA is NOT A CREDITOR

IRDWW are NOT solicitors.

 

only a solicitor stating their client as [the bank] can issue a PAP LOC.

and that [if they abide by and even understand - which they don't at present ..the Pre action protocol process] means its a requirement before they can even think of issuing a claimform. which the court can hit them over the head with if they don't and issue a claimform.

 

you not responding to a PAP LOC is of little consequence even if it goes to court, so even if a solicitor for client[ the bank] does sent one i'd still ignore it. 

 

its NOT a requirement for bankruptcy [the other alternative in their DCA threat-o-gram letter above]

 

its just a cleverly worded letter from a powerless DCA designed to make you wet yourself.

as your post one outlines now if you go back and read your response carefully too

you fell for it as you've made several name errors upon who has done what, what they want and said 

 

also look at the footer...

[Cinderella18]

Sorry I didn’t mean to make mistakes as was just trying to give you more context and information... as I said this is all very new to me and confusing which is why I asked for some advice....

 

Help me out a little... what have you spotted on the footer that a layman like me hasn’t.

Appreciate the help   

[dx100uk]

ofcourse you didnt mean to make mistakes

you were LEAD into making them.

that's the whole point..DCA's CON PEOPLE, that's all they do.

 

whose the letter from in the footer?

 

[Cinderella18]

Hi DX, I’ve just called national debt line and they have told me that a DCA can send you a pre action letter and they have done nothing wrong??

[dx100uk]

stop ringing them

like CAB they are not always correct.

 

a DCA is NOT A Creditor!! did you not read pap section 3 like I said

 

even if they own the debt an LOC must be sent by a solicitor.

 

please stop panicking.

 

[Cinderella18]

Hi Dx I have a question that I want to ask you privately first before I post everything up to help others.

can you please DM so I can reply with my question?

[dx100uk]

we don't give private advice as that help no one bar you - not what CAG is about.

however lets look at the question 

[Cinderella18]

Right here goes.

 

I didn’t reply to the PAP as you advised.

I did email them explaining my personal situation - ill health to my partner with no treatment on nhs with ongoing consultation 

My own personal mental health issues 

 

That I have no money or assets due to ongoing issues.

 

I have never admitted to any proposed debt 

 

I have now received a letter from CWD saying that IDR has passed case details and I they have seen I have recently obtained a charge on property but not paid the creditor. (The IDRW contact is the same as the CDW). They know nothing about this charge so it sure what they have seen.

 

I need to reply in 7 days with settlement offer or they have been instructed to take legal action without further notice.    

 

What next?

[dx100uk]

I can instruct my dog to sit

if it does is a totally different matter.

 

silly idea not to reply to that pap

that's 2 schoolboy errors now,

but you've replied

shame you are using email too

 

as for the charge someone else has on your property

anyone can view the land registry entries

its a vailed threat that they can see you have assets so if you don't pay we'll poss do the same.

 

now of course the property is not in your sole name?

but the UAE debt would be

so even if they did, it would be a useless restriction k.

 

 

[Cinderella18]

With respect you advised me not to reply to the PAP as you said it needs to come from the original creditor.

 

yes property is in joint names.

uae debt is in sole name.

 

should I reply to PAP now or to the letter?

Ps Thank you for the help!

 

I couldn’t offer more than £1 even if this was correct... which it isn’t! 

As I explained to them in my email.

[dx100uk]

yes that's what im saying but you've replied anyway so lets see.

 

[Cinderella18]

I have now been served a SD.
 

Reading on the forum is my next step to set aside. Can you please help me with this, grounds etc. I don’t reorganise the debt they are claiming.  

 

If they go for bankruptcy they will get nothing as I have nothing, don’t see the logic 

[dx100uk]

no assets no SD.

 

 

[AndyOrch]

2 hours ago, Cinderella18 said:

I have now been served a SD.
 

Reading on the forum is my next step to set aside. Can you please help me with this, grounds etc. I don’t reorganise the debt they are claiming.  

 

If they go for bankruptcy they will get nothing as I have nothing, don’t see the logic 

 

Could you scan and redact and upload a copy of the Statutory Demand ?

 

Andy

[Cinderella18]

Thanks DX.

Thanks Andy. Upload as requested. Interested to hear your feedback 

 

Statutory Demand under section 268(1)(a).pdf

Edited October 24, 2019 by Cinderella18

[AndyOrch]

Have you got a genuine dispute to set a side ?

 

Here is the full document and the parts that they have not sent you.

 

Can you confirm it is Form SD2R ?

 

https://www.gov.uk/government/publications/form-sd2r-statutory-demand-under-section-2681a-of-the-insolvency-act-1986-debt-for-liquidated-sum-payable-immediately