ADCB/Moriarty PAP Letter Of Claim - Credit Card Debt

[haggis01]

Hi all,

 

I have seen a number of similar threads on this forum regarding debt in Dubai, but wanted some advise on this particular 'twist'!

 

I lived in Dubai for many years and left in 2009.

I closed all my bank accounts etc before I left,

 

around 2 years after I left (2011),

I received an email from a UK debt company (IDR) saying that I owed Abu Dhabi Commercial Bank (ADCB) around £600 on an unpaid Credit Card, dating back to 2008

 - the email explained that the amount included interest and other late payment charges.

 

Having read on these threads and others, that the best thing to do was ignore it, that is what i did.

 

Around once per year, I received similar emails regarding the debt, but from different Debt collection companies. Again, I refused to acknowledge any of them.

 

Then about 5 days ago I received a letter to my home, from a company called Moriarty Law which included a Pre-action Protocol (PAP) form.

The letter stated that I owed around £7,000 relating to a Credit Card dating back to 2008, but did not specify how this number was arrived at.

It stated only the exchange rate they had used to convert the outstanding amount from UAE Dirhams to UK pounds sterling.

 

I have a few questions around this.

 

Firstly, I do not recognise this debt, nor have had any communications from ADCB themselves regarding it.

Is it likely that Moriarty Law have 'bought' this debt from ADCB and are now trying to get payback for it?

 

Second, if the debt is genuine and has been built up with interest and charges over the preceding 10 years or so, is it not statute barred if being taken to Court in the UK?(in UAE the limitation is generally 15 years for consumer debt)

 

Thirdly, how should I respond to this letter? I think I have 30 days from receipt of a PAP to respond, but wanted your opinion on this.

 

Finally, has anyone on this forum had a similar experience with Moriarty Law and if so, what has been the outcome?

 

Many thanks.

 

Haggis.

[dx100uk]

what are moriarty doing chasing a UAE debt uh??

 

can you scan up the letters you have to one multipage pdf please

read upload. 

 

 

[haggis01]

I attach a copy of the PAP Letter received from Moriarty Law.

 

The amount I am being told I owe is £7,611 - but absolutely no detail as to how this has accrued or been calculated.

 

I do need to reply within 30 days and included in the letter is a Standard PAP Reply Form. I was thinking of sending them the Reply Form stating that I do not owe this debt and asking them to provide full evidence so that I may consider it. 

 

What is you opinion?

 

Also, this debt if it is to be believed, is now nearly 10  years old and considering they are preparing a Court case, would it not be Statute Barred under UK law even though the limitation period for consumer debt in UAE is 15 years?

 

Please advise.

 

Thanks.

ADCB PAP letter.pdf

[dx100uk]

have you the emails still?

i'm trying to understand the course of things..

 

short ans is no they cant but I expect its simply to see if they can get a default judgement to another old UK? address as you've never informed anyone in writing where you are now?

 

dx

 

[haggis01]

Hi,

 

I don't have any of the old emails - last one I received was prob more than 1 year ago.

 

I have lived at the same address since returning to UK in 2009. However, I have seen a TRACE on my Credit Reference file about 1 month ago, so assume it was them.

 

 

 I will complete the Reply form answering that I do not recognise this debt - unless you think otherwise?

 

Thanks for your help.

[dx100uk]

no not yet

there are ways to do it.

dx

 

[haggis01]

In any case, even if there were funds owed, I doubt whether the value of £7,600+ is legitimate.

Do they not have to show me how this debt has accrued?

 

Also, given that any debt which may exist goes back to 2009, would it not be considered Statute Barred, due to the length of time involved?

 

Your advice is much appreciated DX.

[unclebulgaria67]

As with any alleged debt, you would ask the Solicitors chasing the debt to provide documentary evidence. Ask for a copy of any original signed finance agreement together with the terms & conditions, which must be in English.  Ask for copies of any notices of change in account terms & conditions that were issued, which must be in English. Also ask for a copy for any notice of default that was issued in English. Also ask for copies of all statements of account in English. And ask for copies of all important documents that their client issued in English, such as registration of any debt with UAE Courts or other authorities.

 

Send a letter by recorded delivery just saying that in order to consider their letter and to obtain legal advice, it will be necessary for them to supply the following documents.  Then list all of the above.

 

 

[dx100uk]

Hold off replying yet please

 

you might not have moved. But ofcourse never written to confirm address to the creditor?

[haggis01]

No, Ive never written to Creditor about address in UK because I never knew I had any debt!

 

To my knowledge, I don't believe I have ever received any mail from ADCB.....

[dx100uk]

this is a very interesting twist as you say in the 'collection' of UAE debts.

smacks of CWD etc are failing badly now its getting publicised what to do rather than running to a certain website and getting sc@mmed by them into a deal.

 

I will suspect this is a new cheap ploy to get rubberstamped backdoor CCJ's on UAE debts where nothing is checked by a human.

moriarty never appear in court anyway ever.

so i will guess that once you reply, this will die.

 

 

[haggis01]

Thanks DX.

 

Will keep you posted......

[dx100uk]

hold any reply yet

I cant poke till someone I know is in work tomorrow..

 

have you got a webportal for the email address those msgs of past were sent too

if you go there and log in 

all you old email should still be there even if you've deleted it from your email app/prog.

 

would be very interested to see them please or atleast who sentthem.

 

dx

 

[haggis01]

Unfortunately, they were sent to my old work email address - which I no longer have access to.

 

However, I am quite sure that at least one of these was sent by IDRWW  debt collection company.

 

As I said earlier, I got a letter periodically, probably no more than once per year or maybe per 18 months.

 

Hope this helps.

[dx100uk]

good that's very interesting it was IDRWW.

 

ok lets mull this one

you've 30days and I need to poke things about something..

[SquaddyP]

It’s statue barred after 10 year (not 15year as first thought)  I know this as I have just been through this with CWD, for a 6 year old debt

 

also, they need to provide Evidence so don’t admit to anything - looks like they are looking for you to admit it if they contact you without any evidence

[dx100uk]

thanks SP

 

so looks like SB'd letter time then...

 

dx

 

[haggis01]

Thanks SP.

 

I will reply to the PAP stating I don't believe I owe this debt and ask them to provide all the evidence.

 

However, reading the note again, it specifies that I defaulted on 24/7/10 - which means that the debt, if there is one, is currently only 9 years old, so SB letter may not work yet.

 

That said, if ADCB are looking to take the case through UK Court, surely the Limitation Period is as per Limitation Act 1980, which is 6 Years and not the 10 years applicable under UAE Law.

 

Finally, the date is very spurious

- I left UAE in December 2009, so if I did default in any way on any Credit Card payment, it would have been long before 24/7/10!

[unclebulgaria67]

No there is UK legislation regarding foreign limitations periods applying. 

 

[AndyOrch]

https://www.legislation.gov.uk/ukpga/1984/16

[dx100uk]

we'll all knock up a reply over the coming week haggis

dont fire anything off yet

awaiting some intel behind the scenes..

 

just for ref...you are in England? just your username says haggis??

[haggis01]

Yes - I live in England. (But do like Haggis...!)

[hzeee]

Seems like ADCB are on a run to collect some cash to fill their pockets - must be their main business is struggling! 

[haggis01]

Not sure.

 

Perhaps Moriarty Law have 'bought' the debt from them...? However, as far as I am concerned, I did not have any debt with ADCB, so I don't know what it is they think they have bought!!

[unclebulgaria67]

Debt will be owned by the UAE Bank. Don't think they sell debt on. But there might be a commercial arrangement, where there is a share of the proceeds of any debt collection.

 

That is a question you could ask moriarty law, if they issued a Court claim form. Ask them to disclose, what financial arrangement they have with the UAE creditors. I.e. Do they have any financial agreement to share from the proceeds of debt collection following any Court judgement. 

 

There was a Solicitors taking copyright claims to Court and they failed to disclose to the Court that they were going to share the proceeds, if they won judgement. This led to the Solicitors being struck off and they later went bankrupt.  Solicitors issuing Court claims where they will share from any debt collected following Court judgement have to disclose this when they issue the claims. Failing to do so, is apparently a breach of the rules.