RAK/IDRWW Claimform - credit card debt from the UAE

[PaulMc774]

In July, 2018 I left the UAE for personal reasons and left a credit card debt with RAK Bank.

 

I had email and letters from IDR; I ignored them all and blocked their emails.

 

Now the problem.

 

A solicitor working for IDR has now instigated proceedings in the County Court for a CCJ against me.

I think they thought that I would not defend the claim and that they would get a summary judgement.

 

My main defence is that the credit card debt was accrued in the United Arab Emirates and is therefore not covered by UK, or EU, financial services or markets acts.

 

I now have a telephone hearing with the County Court and IDR's solicitor.

 

I intend to send some further defence to the court before the court hearing; mainly that the debt should be dealt with by a UAE court and if that happens then I could apply for the debt to be lowered, or written off, because the contract is one-sided.

 

I have a telephone meeting with a county court experienced solicitor, but any suggestions as to what to do next would be gratefully appreciated.

Edited July 8, 2021 by PaulMc774
error

[dx100uk]

you mean you have a claimform not a CCJ (yet!)

and no IDR are not the claimant but RAK bank is..

 

can you please complete this

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group

 

and post up the defence you filed please as text here.

 

when is your hearing date and have yo exchanged witness statements yet?

[PaulMc774]

Thanks for the reply dx100uk

 

I have received an Application notice and a letter from the County Court to tell me that there will be a telephone hearing on 05.08.21

 

I did not give a witness statement, but I received their "expert witness" report from someone who proports to know about UAE laws.

 

My defence was:

 

This credit card debt was accrued in the United Arab Emirates and is therefore not covered by UK, or EU, financial services or markets acts.

 

In August 2013, I went to work in the United Arab Emirates as a mathematics teacher. I never held a bank account with RAK Bank at any time. One of my colleagues asked me to provide RAK Bank with my contact details, as he was applying for a credit card; this I did. After this, the bank regularly kept ringing me and sendinging text messages offering me a credit card. I refused their offer on numerous occasions, but eventually I succumbed to their pressure. A representative from the bank came to my apartment to fill in the paperwork; I never went to the bank to ask for the credit card, or to fill in any paperwork. A few days later the credit card was delivered to my apartment by a courier. In the UAE, people are actively encouraged to get into debt by representatives of banks in order to claim commision.

 

Even in the UAE, paying the credit card balance was very difficult; the only ways to pay the balance was either to visit a branch and pay cash, or to physically pay cash into a RAK Bank cash machine. The balance could not be paid online, or by by direct debit. It is impossible to pay the credit card balance from the UK.

 

The claim contains an exorbitant amount of interest.

 

Any help would be gratefully appreciated.

[dx100uk]

right hang on

so you've an N244 and they are going for a strikeout of your defence and summary judgement? ...usual game for them as they don't want the judge looking at unenforceable paperwork, as he wont if he grants the Summary judgement.

 

please confirm..

 

 

[dx100uk]

IDRWW Court Claim x2 Emirates NBD 2 x credit cards. - Financial Legal Issues - Consumer Action Group

 

dx

 

[PaulMc774]

Name of the Claimant ? The National Bank of Ras Al Khaimah (Psc)

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. I cannot find a claim form, but I think this is 25/04/21; I think I shredded it

 

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.

 

I do not have this, as I shredded the claim form.

 

What is the total value of the claim? Originally £28343 now rising to £36231

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Unknown
 

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 ? No
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Phone canvassing and then visit from representative
 

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. On behalf of the Claimant through a no win, no free credit recovery firm based in the UK (IDRWW)
 

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? I left the UAE for personal reasons and I could not make payments from the UK
 

What was the date of your last payment? January 2015
 

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

[dx100uk]

idrww are not NWNF company.

you've many things wrong in all your assumptions but atleast you got the defence sort of right

now if you have an N244 as above 

you need to read that thread i posted on and get acting QUICKLY.

[PaulMc774]

dx100uk yes they have sent a N244 form asking for my defence to be struck off and that the Claimant be granted summary judgement

NWNF?

[dx100uk]

No win no feec

[PaulMc774]

dx100uk

 

From the IDRWW website:

 

To work quickly, efficiently and effectively to recover the debt from a UK resident who has defaulted on a foreign credit agreement. Working on a no win, no fee basis, we will act with unrivalled integrity and professionalism to ensure that our client’s interests are secured at no risk to either their reputation or finances.

[dx100uk]

Thats as a powerless debt collector not as solicitors.

[PaulMc774]

Hi dx100uk should the claimant have tried to mediate after they submitted the claim form?

[AndyOrch]

I wouldn't bother with the above link ...he lost and was reluctant to divulge information or upload document's. The following link we defeated Summary Judgment application and the claim is proceeding to trial.

 

Andy

[PaulMc774]

Good morning all.

 

If I want to add to my defence to reply to the claimant's N224 do I need to submit a N224?

If yes, what do I tick on question 10?

 

Thanks for any help!

[AndyOrch]

Have you not read the link I posted above ?.....very in depth about responding to this type of application.

 

You don't submit an N244 to respond to an application for SJ.Simply submit a witness statement in response to their statement with your objections and reasons why their application should be dismissed.

 

This must be submitted not less than 7 days application hearing date.

Andy

[PaulMc774]

Thanks Andyorch.

 

I did read the link that you posted, but I will read and digest again!

 

My hearing is not until 5th August, so I have a few weeks to sort out my witness statement.

 

[PaulMc774]

Today I got a summary judgement made against me; the judge advised me not to appeal, as this would vastly increase my costs!

 

I have some savings, but I want to keep these for as long as I can.

 

What are my options?

[AndyOrch]

Did you submit your statement in response to their application ?

[PaulMc774]

Hi Andyorch, yes I submitted my witness statement with lots that I borrowed from other posts on here.

 

The main reason that the judge said that she had to try it here was the jurisdiction clause in the terms and conditions. She also said because I had signed the application form and used the credit card that I did owe the money.

 

What is my best option to pay as little as I can over a very long time?

[AndyOrch]

Wait until you get your notification of Judgment and this will advise if a forthwith judgment or whether the claimant has set a monthly payment...if forthwith you can then submit an n245 to vary the monthly payments subject to the attached I&E which is included with the N245.

[PaulMc774]

Thanks Andyorch

[underp04]

It’s simple, you need to get legal representation,  especially someone in consumer law. I have and she’s great  

[AndyOrch]

1 hour ago, underp04 said:

It’s simple, you need to get legal representation,  especially someone in consumer law. I have and she’s great  

 

Bit late for that now given they have Summary judgment... but please expand how did your Legal Representative over come none exclusive jurisdiction for the benefit of others in the same position ?

 

Have you been successful ?

 

Andy

[underp04]

Sorry Andy, haven’t been on here for a while.

 

You can appeal the judgment.

[AndyOrch]

Then please update your own topic with details of how your Legal representation has overcome a  none exclusive jurisdiction UE debt/agreement. If you are going to post up comments on other peoples topics please back it up with some constructive advice.

 

As for appealing on this topic on what grounds would you appeal a District Judge judgment of Summary Judgment ? 

 

Apologies for the hijack PaulMc774 but this may be of interest to you.