DUBAI Debt (From 2014) - Letter from JMR Solicitors - resident in scotland

[jollyrodger]

Happy New Year

 

Its been a while since  I last had an issue with one of these Companies

 

but late December 2022  I received a nice little letter from a DCA called jmr Solicitors who are acting on behalf of a UAE Bank

 

The alleged debt is a credit card. I do wonder how they got my address as I moved to Scotland last year.  Left Dubai 2014

 

I haven't updated the alleged BANK in UAE with my current address. 

 

Previously I was harassed by Moriarty Law and after sending a CAA letter to them I never heard back (Approx 2x years ago)

 

CCA Information was taken from here

 

Question 1 : What are my valid next steps?

 

Question 2: Does it matter that I live in Scotland?

 

 

Any advice appreciated on this one

 

Thanks

 

Jolly Rodger

 

================================

DCA Letter

 

LETTER OF CLAIM

Amount Due: Outstanding debt in the sum of AEDXXXXXX

 

We are instructed on behalf of the above mentioned client to pursue you for immediate

payment of the outstanding amount owed to them.

 

We have been advised that the amount outstanding is AEDXXXXXX which has arisen from a financial product that you took out with our client.

 

We are in receipt of your signed agreement which constituted a binding contract between yourself and our client.

 

You have failed to honour your part of the agreement which has lead to our client appointing us with instructions to issue legal

proceedings against yourself.

 

This letter is being sent to you in accordance with Practice Direction on Pre-Action Conduct

and Protocols (the Pre-Action PD) contained in the Civil Procedure Rules (CPR).

 

In particular we refer you to paragraphs 13 to 16 of the Pre-Action PD Concerning the Courts power to impose sanctions failing to comply with its provisions.

 

We refer you to the Practice Direction (Pre-Action Protocols) in particular paragraph 15 and

the sanctions for non compliance.

 

You can find there on the Ministry of Justice website at:

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd pre-action conduct

 

Our client has demanded payment in full, failing which we will have no option but to pursue

the same via the Courts.

 

There would appear to be no reason why this sum should not be paid immediately as it is

your outstanding liability and is overdue for repayment.

 

We have been provided with

sufficient documents in support of the same and will provide copies to the Courts should the

need arise.

 

We would be grateful if you would contact us as a matter of urgency to discuss settlement

of the outstanding amount.

 

We respectfully suggest that it is in your interest if you contact

us on receipt of this letter as it will help us in enabling a swift negotiated settlement to be

reached and it will avoid any further interest accruing on your outstanding debt.

 

Please note as this is a commercial debt we reserve the right to claim statutory interest at the rate of 8% from the date that the debt becomes overdue.

 

We are entitled to claim any subsequent rate 

when the Bank of England reference rate changes and the debt remains unpaid in

accordance with the Late Payment of Commercial Debts Regulations 2002.

 

Please note we

are also entitled to claim compensation in the sum of £40 for any unpaid debts up to

£999.99.

 

In addition to the above, please note that a travel ban may be put into place and INTERPOL

may be notified of the debt being pursued against you.

 

You may be at risk of being arrested,

questioned and detained if you choose to travel from this point onwards.

 

To avoid this

please contact us immediately.

We now provide you with the opportunity to amicably resolve this matter by contacting us

on 0161 491 3933 or [email protected] to arrange repayment of your debt.

 

If we do not hear from you within 14 days of this letter, we have been instructed to

commence legal proceedings against you.

 

 

If for any reason you dispute the claim being made against you, please provide us with

details so that we may investigate this matter further.

 

Please note all communication in relation to this matter should be in writing quoting the

above reference number or by telephone using the contact details above.

 

Yours Faithfully,

[jollyrodger]

Just to add @dx100uk   Gave me advice last time ref issuing a CCA letter. Info taken from here

[AndyOrch]

CCA (Consumer Credit Agreement Request section 78) is not applicable to this debt nor is it covered by the Consumer Credit Act.

I'm not sure why they are referring to interest applicable as a commercial debt in accordance with the Late Payment of Commercial Debts Regulations 2002.)

 

Was this a business credit card?

 

Andy

[jollyrodger]

Hi Andy

 

No this was a personnel credit card. 

 

Cheers 

 

JR

Edited January 3, 2023 by dx100uk
unnecessary previous post quote removed

[AndyOrch]

Follow here post #5

 

https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126

 

[dx100uk]

another worthy point is you are resident in Scotland.

 

there have been no scottish UAE claims as the rules on jurisdiction are slightly diff.

 

this could be fun.

 

dx

 

[jollyrodger]

@Andyorch @dx100uk  I will keep you update on the response and thanks for the advice.

 

I also dropped a small donation to CAG

[honeybee13]

Thank you for the donation.   It will help us to carry on advising people like yourself.

 

HB

[jollyrodger]

Just waiting for their reply;