ADCB/Moriarty claimform - UAE debt ***Claim Discontinued***

[GoldenGoose]

I hope this is ok for me to join,

 

I have received 2 final demand letters from moriarty law

1 on 5th September for £1077inc costs and

another for £69,480inc costs.

I ignored them and heared nothing

 

this weekend I received a county court claim from northampton county court for the £1077 claim.

 

So far I have had no communication with ADCB or Moriarty Law,

 

do I now need to provide the response as per the threads above suggest,

I have 14days to respond and the letter was 19th November but arrived with me on saturday.

 

Apologies if I should start a new post but think the relevance is exactly the same and I have just signed up so completely new 

[Uryu]

golden goose 
Oh dear. It looks like they are trying everything to suck money out of you. 
surely they claimant should be paying the cost in an unsuccessful claim? 
 

dx100uk might have some better insight on this. I ignored my last letter so hope this does not happen to me. 
 

 

[GoldenGoose]

Hi,

The court letter states ADCB as the claimant but all correspondence to go to Moriarty Law,

 

I also got a letter from Moriarty Law stating I would be getting the county court letter but can still reply to them to come to an agreement.

 

The county court claim is a photocopy and doesnt have the original court stamp so not sure if its real.

 

Welcome any further advise on this but think I do need to respond at this stage?

[AndyOrch]

Hi GoldenGoose and Welcome to CAG

 

I have created your own thread...please continue to post here to your thread.

 

If you could scan redact and upload a copy of this court claim.

 

Regards

 

Andy

[WE1506]

Hi Goldengoose, 

 

Did you receive PAL/LOC letter first prior to a final demand? 
 

 

Edited November 25, 2019 by WE1506

[GoldenGoose]

I received 1 letter prior to the final demand letter 

[dx100uk]

please complete this:

 

 

be clear you only got this court claim because you ignored their Letter of claim. never do that.

 

you indicate you have another for £69,480inc costs.

please create a new topic for this one by hitting create in the top red banner

 

dx

 

[GoldenGoose]

Name of the Claimant ?Abu Dhabi Commercial Bank

 

Date of issue – 19 Nov 2019

 

Date to acknowledge = 7 Dec

 

date to submit defence = 20 Dec 

 

Particulars of Claim

1.The claimants claim is for the balance due under an agreement dated 19/12/2014 which is now all due and payable.

 

2.The defendant agreed to pay monthly instalments under account number **************** but has failed to do so and the claimant claims the sum of £877.52

 

3.The claimant also claims interest thereon pursuant to S.69 county court act1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £70.20

 

What is the total value of the claim?£1077.72

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?No 

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?Yes 

 

Did you inform the claimant of your change of address?No

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?Credit Card but not sure possibly overdraft

 

When did you enter into the original agreement before or after April 2007 ?After

 

Do you recall how you entered into the agreement...On line /In branch/By post ?Unsure but likely in branch

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No

 

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.Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?Not that I’m aware of

 

Did you receive a Default Notice from the original creditor?No

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?No

 

Why did you cease payments?Lost job and departed country

 

What was the date of your last payment?December 2013

 

Was there a dispute with the original creditor that remains unresolved?No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?Explained I had lost my job prior to leaving

[GoldenGoose]

I am compiling CCA request 2 as I am assuming this is an overdraft claim, would you agree and if so do I redact point  4. Notice of Assignment * (delete if not assigned and with the original creditor)??

[dx100uk]

UAE debt is not Gov't by the UK CCA

 

you can only do CPR

 

[GoldenGoose]

Sorry yes CPR 31.14 is what I have compiled

 

Is point 4 applicable or should I remove? 

[dx100uk]

point 4 does not apply no

as the debt is not sold as their client is the original creditor.

 

you might find it useful to see post 5 here

 

and inc all the list of docs there too in your CPR

 

 

 

 

 

[GoldenGoose]

Thanks very much, do you mind if I share the redacted composed doc for you to check before sending?

 

Something that might be insignificant but its bugging me is the date they mention the agreement was made 19/12/2014,

 

I returned to the UK 20/01/2014, so I must have made this agreement a long time before that, why would they have this date??

Could it be that its close to 6 years this January? 

 

 

4: Original signed finance agreement together with the terms and conditions IN ENGLISH

5: Any notice of change in account terms and conditions that were ever issued since credit approval

6: Any notice of default or UAE equivalent that was issued by the original creditor

7: All and every statement of the account including how any interest has been calculated.

 

8: Proof that UAE Court Judgement has already been gained upon said debt.

9: Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and

/or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' .

 

10: Any and All other statutes of law, be them UK or otherwise, that the claimant intends to rely upon 

 

 

[dx100uk]

only those docs in the list above.

 

as already outlined UAE debt is not covered by the UK Consumer credit act.

 

and UAE Statute barring is not 6yrs.

[GoldenGoose]

Ok great thanks 

 

so I’m clear will this follow UAE law or UK law?

 

do you advise I get a lawyer at this stage?

 

cheers

[dx100uk]

you do not need a lawyer 

total waste of money

 

but what you do need to do is Get READING UP.

 

there are numerous  ADCB/Moriarty claimform - UAE debt  threads here

you need to read all of them.

[GoldenGoose]

Do you agree the agreement date is a little strange? Can they just say they got the wrong date?

[dx100uk]

they can say anything they like if people fail to reply and they get a default judgement

which is what is hoped will happen 

 

once defended they normally fall apart for one reason or another.

[GoldenGoose]

Do you think I am replying to late now?

[dx100uk]

you indicated the correct dates to do things in post 8.

AOS and CPR need to be done soonest. don't wait!!

 

I notice the an earlier autolink I posted didn't happen

 

so here it is:

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

 

 

[GoldenGoose]

thanks does the last post supersede all docs previous that i submitted, i have registered in mcol.

 

 

So as above I only mention the agreement is what i want copies of, not any other communications?

[dx100uk]

please stop posting our templates in the open forum.

read the top red line on it

 

the list in blue from post 13.

 

dx

 

 

 

[GoldenGoose]

Sorry DX my apologies DOH, wont be done again.

 

I managed to log on to MCOL earlier but now says my login is incorrect so will try tomorrow.

 

Please tell me what AOS is I have finished the CPR?

[dx100uk]

already all explained in post 20.

 

dx

 

[GoldenGoose]

what does AOS stand for?