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    • Hello everyone.    I am looking for some advice regarding a situation that has came up recently.    Around 3 months ago I gave my brother a loan of a mobile phone I had due to his being faulty and him unable to afford a new one at the time. This mobile was the phone I used in my small business, but due to covid work has been lacking and I wasn’t using it so I decided to let my brother use it for a short time and I would use my personal phone for work. The phone is on contract with Vodafone.    Sadly 3 weeks ago I found my brother passed away at his home. Due to my brother being so young and his death being sudden there has been a police involvement. I’ve been dealing with my brothers affairs over the past week and quickly noticed the mobile phone I had loaned to him wasn’t around. After making some enquiries with people I quickly found out my brother had actually sold the mobile phone to a CEX store for £393 around a month before his passing. Straight away I contacted Vodafone and had the phone blocked.   I immediately went to the CEX store who confirmed they had purchased the phone. I gave them my proof of ownership etc to confirm I am the owner of the phone. After a short discussion and me telling the manager that I am the owner of the phone and would like it returned to me the manager told me I would have to contact the police for it to be resolved. They said the only way they would hand over the mobile would be if the police came in and requested it. I thought that was fine and I contacted the police. I spoke with the officer who was looking into my brothers death who informed me that the case is a civil matter and because my brother had passed away the police would be unable to pursue any criminal proceedings.    At this point I began communicating with CEX via there customer service at head office. They initially seemed helpful and when I told them the police will not begin any proceedings they were happy with this and were keen to resolve with me. They said I would be called by a member of management to resolve. One of the companies operations managers contacted me the next day. To cut a long story short they said they would return the phone to me if I purchased it at the amount they gave my brother for the phone (£393). I politely refused stating I was the legal owner of the phone, my brother had no right to sell the device, the phone was under contract in my name and I would like it returned immediately. He said he would speak further with his upper management and would get back to me.    A few days had passed without anyone contacting me. I have now received an email from CEX stating again that the only way they will return the phone is if the police investigate. They said they have made there own enquiries and that my brother being dead is irrelevant (their words) and the police will still investigate.    I am now at a loss in what to do. The phone is a high end device and I still have around 14 months left on the contract at nearly £70 per month. Can anyone tell me if I would have any chance of success going to court about this? The phone is blocked and currently just an expensive paperweight to CEX. I have no idea why my brother sold the phone and sadly I will never find out. Things are very difficult at the moment as it is as I’m grieving my brother but my head is all over the place about what to think and do.    Thanks in advance     
    • Government will be faced with very difficult choices.   I am hearing that some businesses are really struggling due to supply issues.  If they cannot sell the goods or provide the service, they may not have the cashflow to continue to pay wages.    Any further lockdowns could force businesses to fail and Government may have to step in again with financial support to pay wages, as well as help with business expenses.    
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UAE ADCB Bank/Moriarty Law PAP LOC Received


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very interesting thread,

amongst the others,

 

could someone however please clarify the advice regarding contacting these people?

 

Some say ignore completely, others say it is best to contact and ask them for English copies of everything.

 

Which is best in these cases?

Edited by dx100uk
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to precis,

UK law applies in the UK so dont invite trouble by contacting anyone if the debt is SB in the UK.

Also, dont go on holiday to the UAE or you will be under their jurisdiction.

 

Threatening letters are just that, threats.

The DCA's dont have what is called locus standi.

Yes, solicitors can act on their clients behalf but a client trying to enforce an overseas law will get absolutely nowhere and a contract under UAE law isnt enforceable anywhere else in the world.

 

If you have just left the UAE with big bebts they may well want to try and get something out of you so if the agreements you signed were under English law (can happen if both parties agree to it and there is some link to the UK)

 

then they can use the courts system here to enforce any part of that agreement that is lawful but the chances are that agreement would run counter to UAE law so they wont be doing that anyway

( shipping contracts are the usual exception so if your debts are about a tanke your chartered then you may be introuble)

Edited by dx100uk
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The advice about no contact and asking for documents in English depends on what stage people are at.

 

If it is just Debt Collection letters and no intent to issue a UK court claim, then there is no need to respond.

 

However, if a UK Solicitors is writing saying that they represent x UAE Bank and the UAE Bank have instructed them to issue a UK court if necessary, then it would be sensible to write requesting documents in English.

Edited by dx100uk
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  • 1 year later...

Hi All

 

Been reading the other threads about this issue but creating my own as that seems to be the general advice.

 

I’ve had two come from Moriarty recently (within 30 days) one for a CC and one for a Loan.

 

Exact same letters as others have received, just different amounts, account number and dates of course.

 

I have drafted a PAP response using the links you provided and only completed the following:

 

  • [removed - dx]

 

Is this the right form of response? I will send to them via recorded delivery and keep copies for myself.

 

I was holding off as I know @dx100uk had said that a response for everyone to use was in the works - should I still hold off or at least send the PAP response initially?

 

Thanks for all of your hard work on things like this!

 

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Hey @uaenomore

 

Im doing exactly the same atm, so thanks for this list, if confirmed correct I will follow it. 

 

One thing I seem to remember reading is to not sign it but print your name instead, something about less reputable companies lifting your sig 

 

Also interested in if @dx100uk has a stock response that will be ready in time for me (I have to reply by Tuesday as sat on it for far to long!)

 

Best of luck 

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PLEASE DO NOT FOLLOW POST 1!!

 

more soon.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to UAE ADCB Bank/Moriarty Law PAP LOC Received

follow post 5

 

 

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  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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squaddyp docs are here now

 

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have a read over on Squaddyp thread.....saves repeating myself.:wink:

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Still no further comms.  Has anyone had anything since sending back the PAP?

 

@dx100uk have you heard anything further from anyone else? If they don't respond to the PAP how much of a win is that for us? Or does it not really matter in the grand scheme of things?

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you can read the threads here as well as I can..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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just type no need to hit quote..

 

moriarty don't ever attend court 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So it is exactly as you have said in other threads, they are scare mongering.  Hoping that some of those receiving their mass mails are scared enough to cough up!

 

Is there a time limit for them to respond to the returned PAP form?  Or is the limit only on the people receiving the original PAP to respond?

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Yes they also have 30 days to comply before considering litigation

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Letter received today stating the same as someone mentioned in another thread. Referred matter to client and will contact again on receipt of further instruction. Account will remain on hold in the meantime and any collection activity suspended.

 

Over to you ADCB!

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  • 2 months later...

Nothing else since the they went back to their client.

 

@Andyorch when you said  "Yes they also have 30 days to comply before considering litigation" does this now mean they cannot proceed as these 30 days have long passed?  Or does the fact they went back to ask for more info buy them more time'?

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