Emirates NDB/IDR Salford Claimform - old Dubai loan debt

[Oceanjasper]

Hello:

 

I was contacted today from an organization called IDRWW about an unpaid debt from Dubai.

While living in Dubai my husband left me and my two kids with nothing (after pressuring me to get  quite a substantial loan).

 

I was able to pay almost half of it off, but have not been able to keep making payments since returning to the UK.

I tried to negotiate with the bank at that time,  but they would not accept smaller repayments and I suppose are now chasing me in the UK via this agency. 
 

I am a single mother of two, self employed but currently without work Due to CV-19 but do own my own home which is about all we have.

 

What do I do?

I have asked my ex husband to repay but he refuses since the loan is in my name. 

 

Attached the email I received today.

Panicking because I don’t have a job and do not want to lose my home!

 

Any advice would be appreciated as I can’t afford a solicitor at moment

 

 

 

LDR Email.pdf

[London1971]

Don't speak to them by phone or email under any circumstances. All you need to do is send them a letter giving them your correct , current address. That's it. Do that tomorrow, signed for delivery.  Then you just ignore all the rubbish they send you unless it's a PAP letter before action, in which case you run it past us.

 

DO NOT SPEAK TO THEM ON THE PHONE EVER! DO NOT EMAIL THEM EVER

 

You don't need a solicitor, you won't lose your home. The are just a powerless DCA acting like they are the law.  Oh and did I mention don't contact them by phone

[dx100uk]

have you changed your name since the email address was created?

I wondering if this is the only lead they have for you...

[Oceanjasper]

Thanks both, 

 

I have not changed my name - have always had the same email address. 
 

I can definitely send a letter with my current address but just so I understand, what does that do. 
 

thankyou. 

[unclebulgaria67]

If there was potential of them gaining a sneaky CCJ using another UK address, then it is worth advising of your current UK address for any communications.

 

What can happen is that if the debt collector can justify using another UK address when issing a Court claim, is that they end up gaining a CCJ by default, as you could not defend.  They they by some miracle (not) find your current UK address on official records  such as credit records, land registry etc.  And you are ambushed by enforcement actions, causing you to be in a difficult position, where you are trying to apply to the Court to stop enforcement and apply to set aside the CCJ.  

 

Better to tell the Bank you owe money to of your current UK address. You don't have to respond to a debt collector emailing you and it is probably not advisable to do this. If you know your ex-husbands address also tell the Bank their current address.  You don't mention the debt, just provide account number and new address. Keep copies of what you post.

[Oceanjasper]

write to the bank in Dubai?  

I can do this, but unlikely they will actually process any post from the UK as the postal system is dire and so is the administration there.

 

I doubt there would be any communication between them and the the agency here either in terms of updating them

-  they are just not that reliable.

 

Perhaps I should do both though to cover all bases?

Bank in Dubai (keeping proof I’ve done so) plus letter to this agency? 

[London1971]

Just send to the UK address. 
 

I confirm my name is xxx of xxxx xxx xxx. No need to do any more than that. Just make sure you keep proof of delivery.

 

After that ignore all letters, emails, calls etc. The only important letter would be a Letter before action, which might or might not ever arrive.

 

Also be wary, if you start working to keep things quiet on Linked In etc as they have been known to try and reach people via their employers.

 

If they call and you Accidentally pick up the phone, here’s what I do. Very polite to them, ‘ I don’t know who you are, and don’t give out my details to anybody over the phone, have a nice day’

[Oceanjasper]

Thankyou. I have sent the letter, signed for delivery, per your suggestion. Will be back should they send a letter of action. Thanks again! Really appreciate your help! 

[London1971]

Yup, I don't really think you have anything to worry about. There was even a whole spate of these a while back where they sent out hundreds of letter Before Actions, and didn't take it any further with the people who responded, that's because they knew it wasn't worth the risk or effort needed for them to win in a UK court.

 

However, those who ignored or didn't have correct address details may well have ended up with an undefended default judgement against them.

[Oceanjasper]

Thanks - actually when I got home, there was physical letter waiting for me - so I guess they did a google search on my name and my Limited Company address came up. Let’s see what happens?!

[London1971]

As someone, who has had a lot of debt abroad, the reality is there is very little they can do.

 

Lots of nasty letters, calls etc but if they have your address, it's all just noise. 

[Oceanjasper]

Thank you for the reassurance. Again, really glad I posted on this forum! 

[Oceanjasper]

Hello - have received a number of emails and physical letters - have been ignoring them but  got this email today.

 

Is there anything I should do with this, or continue to ignore? 
 

Thankyou! 

 

 

email.pdf

[dx100uk]

as long as you have not received by royal mail - a letter of claim

you are safe to ignore silly discount texts/emails

about time you blocked them 

 

[Oceanjasper]

Ok. Will do - sorry about that. Will continue to ignore, thx. 

[London1971]

Emails are nothing to worry about

[Oceanjasper]

Hello:

 

I haven't posted since 2020 when I was first contacted by IDRWW for a loan my ex-husband asked me to take out in Dubai before he left me and 2 kids. At that time, I confirmed my address with them and then ignored all future correspondence via email and mail.

 

I have just received a letter that looks like it's a claim form with the local county court with a service date of Dec 19th. I understand I need to respond to this. I am just trying to figure out what to do as I had tried, countless times to settle with the bank in Dubai previously and they rejected all my proposed terms as they weren't sufficient. Their requirements on repayment were really rigid. 

 

I'm a single mom, employed on a 6 month contract at the moment, and do have some assets (my house, premium bonds, kids JISAs etc) but certainly not enough to pay this debt back in full (that actually went to paying off my ex-husband's credit cards!) - and if I use what assets I have,  I will be penniless. I will happily try, again, to come to an agreement with them, but can they take buy house? My kids savings? 

 

What will happen next and what should I do? Any advice would be appreciated!

[dx100uk]

please complete this:

 

old and new threads merged

 

dx

 

 

[Oceanjasper]

Which Court have you received the claim from ? Salford CCMCC

 

MCOL Northampton N1 ?

Manual Claim CCMCC (Salford) ? Yes 

New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?

 

Name of the Claimant ? Emirates NBD Bank

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 8/12/22

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

Repayment of outstanding loan liability

 

Value

 

Pursuant to practice Direction 16, this claim against the Defendant is a claim for payment in a foreign currency; namely Arab Emirate Dirhams (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 loan.

 

The sterling equivalent of AED 422,000 is 94,000 POUNDS based on AED to sterling exchange rate of AED 1: 0.2228 as published by www.markets.ft.com at 09:27 on 11 August 2022.

 

What is the total value of the claim? 94,000 pounds.
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No, I don't think so.
 

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 - however they did have my phone number and email address.

 

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

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 ? loan officer came to my place of work offering loans. 
 

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. IDR I believe (acting as solicitor)
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes on 7 sept 2022
 

Did you receive a Default Notice from the original creditor? I received an email from them saying the account was past due and have been in correspondence with them on and off since 2018.
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No I don't think so
 

Why did you cease payments? 

 

The loan was obtained in Dubai.

I lost my job while I was maternity leave in 2018, and my husband also left me around the same time.

I continued to pay until I ran out of money and had to move to the UK.

 

Even paid 6 m months post move to the UK but eventually couldn't anymore. I have two children and my income was low.
 

What was the date of your last payment? 2/10/2018
 

Was there a dispute with the original creditor that remains unresolved? 

 

Yes, I was in correspondence with them numerous times to try and repay however they would not allow me to pay smaller amounts that I could afford.

 

As well they would not confirm if there was a travel ban or criminal case against me in the GCC. I have emails to show this.
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes several times.
 

new doc 2022-12-15 14.23.53.pdf

[dx100uk]

no its not from york, thats the court the claimant has selected for any hearings, which wont be so, as it will be your selected local court if it ever gets that far.

 

this looks like a manual claim through salford court, you say this but where is this on the form? i cant see it?

 

 

[Oceanjasper]

I just saw the CCMC and thought it was the same thing? 

[Oceanjasper]

It's actually on the county Court forms. 
 

CCMCC

PO BOX 527

Salford

 

[AndyOrch]

You need to acknowledge service and state your intention if you wish to defend.

 

Andy

[dx100uk]

you must have a complete pack with the particulars of claim and the reply form etc to acknowledge?

not just that one sheet?

 

[Oceanjasper]

Yes there is a complete pack of forms.

 

I am just wondering what the best route is to try to minimize damage here.

 

Should I defend the amount since it's so much more than the remaining balance was?

 

The ideal situation would be for them to lower the amount enough

To settle so that I could borrow from somewhere else to pay it off.

 

If I have any kind of negative credit rating in the UK  it will negatively impact my job prospects in the future.

 

I don't know what this will mean about my Dubai travel ban or criminal case there though and I would like that settled too.

 

Not sure the best way to do this.