IDR - UAE Credit Card - CCMCC Claim issued

[Urban0004]

Hello,

 

I have read this thread and others with interest. 

I have received a series of IDR letters, all ignored, but have now been issued with a document which appears to be a Court Claim.

 

What is your advice on next steps with that?

 

Appreciate your guidance.

 

[Urban0004]

Hello,

 

I have read many threads here but cannot find a suggested response to my situation.

Background

Left UAE in 2014 having lost job/residency. Credit Card debt outstanding.

IDRWW chasing for a year or so. Ignored all communication from them.

Just received a CCMCC claim form and need to respond by April 9.

 

Looking for guidance on what to do next.

Bank have current address details.

Not had conversation with Bank (ENBD) at all.

Ex-wife named as supplementary card holder but never signed any application forms and has a complete set of Claim documents sent to her also.

 

I appreciate all and any advice offered.

 

 

 

 

[AndyOrch]

If you would read the following link and then copy the Q,s and your responses back here for further advice. Some of the questions wont be applicable for this type of claim but it will give us all the information required to get you started.

 

Topic moved to Financial Legal Issues Forum.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-court-claim-issued-in-england-wales-what-you-need-to-do/

 

 

Andy

 

[Urban0004]

Name of the Claimant ? Emirates NBD Bank (all paperwork from IRDWW)

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 26/03/2021

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

Repayment of Outstanding Credit Card Liabilities. 

 

What is the total value of the claim? AED 300,000 plus £3,000 costs
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I have had a series of letters from IDR/IDRWW. I haven't kept all of them.
 

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? N/A

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

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 ? In branch
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Non-UK debt at this time, but unsure of actual answer to question
 

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. Appears to be issued on behalf of original creditor
 

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

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 residency visa
 

What was the date of your last payment? July 2014
 

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? No.
 

What you need to do now.

[dx100uk]

we will need to full POC as written please.

 

 

[AndyOrch]

Do you have the T&Cs of the credit agreement...you need to check if the terms refer to none exclusive jurisdiction.

[Urban0004]

Hi,

 

Yes I have copies of the agreement. There is a clause that contains "The Terms and Conditions are governed by and shall be constituted in accordance with the laws of the United Arab Emirates and the Cardholder hereby submits irrevocably to the non-exclusive jurisdiction of the courts of the United Arab Emirates. Such submission shall not prejudice the rights of the Bank to bring proceedings against the cardholder in any other jurisdiction in or outside the United Arab Emirates"

 

 

[Urban0004]

@dx100uk

the full POC is 6 pages. How should I submit them to you?

[dx100uk]

read upload carefully

redact as JPG then pop up as one multipage PDF.

ta

dx

[Urban0004]

@dx100uk

As requested.

 

ENBD_IDRWW.pdf

[AndyOrch]

Once we have you particulars.....you will have to respond to the claim by acknowledging service...you have 19 days to complete this and a further 14 days to submit your defence......33 days in total.

 

I expect this claim was a manual claim and not issued on line through MCOL ?

 

You say your ex wife has also received a claim being a supplemental  card holder .....supplemental  card holder cannot be held liable for delinquent debts so she will also have to acknowledge the claim and defend. 

[AndyOrch]

 AED 319,000, = Sterling £61,407.50  ...fee for issuing the claim 

£10,000.01 to £100,000	5% of the claim

[Urban0004]

I have no idea if manual or MCOL.

 

I have a reference number from CCMCC if you need that for any reason.

[AndyOrch]

Not required....CCMCC is a manual claim .... Salford ?  Follow all the instruction's contained within the pack in responding to the claim in particular the dates.

[Urban0004]

Thank you. 2 clarifications

 

A) so for my ex-wife she completes the forms acknowledging the claim but defends it as she was a supplementary card holder (with no signed evidence that she was even aware of the agreement) and as such not being liable for the outstanding amounts.

 

B) Me. I think the amounts shown are unreasonable. Do I start a dialogue with the Bank or is it too late for that? I recognise that I used the money and have an obligation to repay but to repay the Bank and not their Agent.

So I complete the form acknowledging the claim but do I put that I dispute the amount? or...

 

 

 

[AndyOrch]

A) Yes she can submit a simple defence that she was not party to the agreement and therefore denies any liability.

 

B) Your not paying the agent they are simply acting in the issuance of the claim.....any payment would go to the claimant Emirates NBD Bank the named claimant on the claim form IDRWW are simply here for the costs, their not interested in the actual debt.

You have 19 days to consider if you wish to defend the claim...your only acknowledging service of the claim for now (in the next 19 days) and if you wish to defend the claim then state defend in full in which you have a further 14 days to submit a defence.

 

Is there any paperwork your not in receipt of at this stage that you wish the claimant to disclose ? utilise CPR 31.14 as explained in my initial link if there is anything they have referred to within their particulars but you are not aware of.

[Brazzer69]

Given that the claim against your wife is ridiculous/non-enforceable, could you use that to get the whole thing thrown out and they'd have to apply again (and pay fees)?

[AndyOrch]

Afraid not.....and anyway they have issued separate court claims...not joint.