The National Bank of Ras Al Khaimah/IDRWW Courtclaim - old UAE Loan/CC

[Imnotthere]

Good morning All,

 

Hoping for some advise, I have received a claim form from IDR regarding an alleged debt to a bank in the UAE.

 

I have filed the AOS, defending all, I'm just looking for some guidance / advice / opinions on how I would defend such a case should the claim proceed.

 

Thanks in advance!

[honeybee13]

Hi.

 

Could you let us have the information requested in this forum sticky please? It will help us to advise you.

 

 

HB

 

 

[Imnotthere]

Name of the Claimant ? The National Bank of Ras Al Khaimah

 

Date of issue – 03/06/2020 

 

 

Particulars of Claim

 

What is the claim for – 

 

1.The Claim is for repayment of a credit card and loan debt incurred by the Defendant whilst resident in the United Arab Emirates. 

 

2.Pursuant to Practice Direction 16, this claim against the Defendant is a claim for payment in a foreign currency; namely Arab Emirate Dirham's ("AED").

 

3.The claim is so pleaded because AED was the currency borrowed by the Defendant and advanced by the Claimant under the terms of the Credit Card and Loan. Adopting the foreign exchange rate of www.ft.com as at  the claimed sum of AED XX,XXX equates to £XX,XXX. 

 

What is the total value of the claim? AED 77000

 

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?No

 

Did you inform the claimant of your change of address? NA

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Loan / CC

 

When did you enter into the original agreement before or after April 2007 ? No

 

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

 

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. Creditor

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

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?

 

What was the date of your last payment? Feb 2018

 

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? Yes

[AndyOrch]

Topic moved to Financial Legal Issues forum.

 

Andy

[dx100uk]

you've not fully answered the questions in our link....

 

I will guess this is IDRWW on behalf of the original creditor?

can we have the full POC verbatim as written minus any pers details.

 

you say you've not moved? but you must have escaped from UAE to the UK?

when please?

and how many times have you moved within the uk since arriving?

as there would have been a lot of previous warnings and paperwork sent somewhere ..like the pre action protocol Letter of claim.

 

please expand upon your story inc what payments plans you had in the past and when with the original creditor.

 

[Imnotthere]

Thanks for the reply, Apologies  I didn't provide the right information 

 

The Claim is for repayment of a credit card and loan debt incurred by the Defendant whilst resident in the United Arab Emirates. 

 

Pursuant to Practice Direction 16, this claim against the Defendant is a claim for payment in a foreign currency; namely Arab Emirate Dirham's ("AED"). The claim is so pleaded because AED was the currency borrowed by the Defendant and advanced by the Claimant under the terms of the Credit Card and Loan. Adopting the foreign exchange rate of www.ft.com as at   the claimed sum of AED XX,XXX equates to £XX,XXX. 

 

To confirm re moving / addresses- Moved from the UAE back to the UK, haven't moved since coming back to the UK. This was in March 18.

 

I haven't received any documentation prior to the claim form, no PAPLOC.

 

No payment plan, but was in communication whilst in the UAE regarding financial problems. Left the UAE due to a variety of issues, mainly relating to my employment & the health of my wife.

 

Thanks

.

 

I will guess this is IDRWW on behalf of the original creditor?

 

Named Claimant on the form is the creditor- docs issued by IDRWWW

[dx100uk]

Do you still have the agreement s??

 

Does it state they can raise court claims out of jurisdiction?

[Imnotthere]

This is probably important to clarify.

 

I do not have copies of any credit agreement(s). I have what appear to be "reconstituted" copies of application forms, which were submitted with the claim form. 

 

The terms are illegible on the loan application form, so I cannot verify either way in terms of what the document actually says re jurisdiction.

The Credit card application does not encompass detailed terms, these are in a separate document (copy also submitted)

 

The statement submitted by the sols with the claim form does make reference to various "terms" including jurisdiction - words to the effect that they can choose the court.

 

I can provide copies of all if that would help.

 

 

[dx100uk]

so basically like all the other uae claimforms threads here

they are flying a kite to see if it will stay in the air.

 

it might way pay you here to do what you've suggested and scan everything they've sent in terms of paperwork to ONE multipage PDF.

read and follow our upload guide carefully please.

 

we've got till sunday to file the AOS and if/if not jurisdiction is worthy of contesting.

 

get the stuff up and p'haps andyorch will pop in an advise then.

 

just please be aware of what you read elsewhere and take it with a large pinch of salt!! if it's true or not.

they do and will use any trick in the book to exert pressure upon you.

now might be a very good time to insure things facebook and linkedin etc are blotted down tighter than a duck's...… in terms of privacy of relatives details etc.

 

one thing that strikes me it this is all rather very quick if you only escaped in march...ummmmm….

 

 

 

 

[Imnotthere]

Thanks, appreciated - I've had a good read through similar threads

 

To confirm.

 

It was March 2018 I returned to our fine shores.

 

I have filed the AOS already, defend all and Jurisdiction.

 

I'll read the guidance on uploading the docs & pop them us as soon as possible.

[dx100uk]

hehe yes I did read that wrong

so not quick then..

 

strange nothing prior to court claim from them mind 

as they should be abiding by the pre action protocol and issue a letter of claim. 

and they would have been numerous prior comms/letters going by their usual MO.

 

dx

 

 

[Imnotthere]

Can someone point me in the right direction for the PDF upload instructions- I have tried the search but couldn't see a link to the instructions?

 

TIA

[dx100uk]

Post 9 upload<<clickme

[dx100uk]

Did you contest jurisdiction?

[Imnotthere]

There is a non exclusive jurisdiction clause in the terms  - so having read previous threads, I thought it was not wise to do so 

 

I have sent a 31.14 request for various documents to be provided.

 

neither the claim form

or POC contain any account numbers, no basis or calculation of how the claimed amounts have been arrived at, the POC doesn’t mention the claim number and is full of speculative comments and claims without basis or evidence.

 

Ill get all the docs redacted and uploaded so tomorrow so I can get the defence away, some input on that from @Andyorch would be appreciated 

Edited June 28, 2020 by Imnotthere

[Imnotthere]

redacted claim.pdf

 

Enclosed Claim form, POC and docs submitted with the claim

[AndyOrch]

What date is your defence due ?

[Imnotthere]

Claim form date 3rd June Andy, although I didn’t receive the documents until the 12th , which I highlighted in the AOS.

 

so its the 5th July as per my calculation?

[AndyOrch]

Goes from the N1 date..not received date so it will be Friday 3rd July.

 

Have you made a start ?   needs to be submitted by 4.00pm

[Imnotthere]

Ok, thanks for clarifying that, appreciated

[Imnotthere]

I have, will post up later- very similar arguments to other similar cases  - any advise / comments based on the copy docs I uploaded would be very helpful thanks 

[AndyOrch]

Sure...upload your draft (in PDF Format) so only members can see it and then we can finalise if for Friday..I will run through your uploads and see if you have missed anything.

[Imnotthere]

Thank you

[Imnotthere]

Untitled document.pdf

 

this is what I have for the defense so far @Andyorch

Edited June 29, 2020 by Imnotthere

[AndyOrch]

Very good so far...well done.....should have it finished for Thursday latest.