How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Hi, I hope you can help with a credit card debt.

Resolved Question:

Hi,

I hope you can help with a credit card debt.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.


 

Alex Watts :

If this is a UAE debt then it is not enforceable in the UK

Alex Watts :

Judgments are not recognised here in the UK

Alex Watts :

They can not issue proceedings in the UK unless any credit agreement states they can'

Alex Watts :

This is very unlikely

Alex Watts :

Therefore you should not worry, debts from the UAE are not enforceable in the UK

Alex Watts :

Can I clarify anything for you about this today please?

Customer:


This related to a claimed credit card debt in Dubai with a solicitors firm in UK chasing this for Emirates NBD Bank in Dubai.



To my knowledge, there has been no judgement handed down against me in Dubai or the UK related to this matter. There may be an amount owing, however I do not know for what they are claiming and what is a correct factual amount due. I say this as there are endless reports of these debt collectors / solicitors claiming amounts significantly more than amounts due.



The amount they claim owing is for a credit card debt initially for under £ 10,000 including legal costs, penalties, etc. Some of these being about £ 1,500 by Dubai lawyer). They have posted me a Claim Form from Northampton County Court.



The credit card was applied for about 7 years ago with me being the primary card holder and another to a supplementary card holder. The supplementary card holder has never used the card. The SD has been sent to me and the a card holders as well.



Within the Claim Form the solicitors (assuming this to be the Statutory Demand) have enclosed copy of my application I made 7 years ago with Emirates Bank for a credit card. They also enclosed Particulars of the Claim and attached various documents including of terms and conditions, UK and UAE Treaty, expert opinion by a Dubai lawyer. None of these have our signature on them, except the application form 7 years ago which was with Emirates Bank.



With the SD, the enclosed documents provided are Terms and Conditions from Emirates NBD. Importantly, Emirates Bank and NBD were not a merged bank, Emirates NBD 7 years ago. The solicitors / debt collectors have not provided any details of the amount being claimed, save for the amount provided. No details of how this amount is claimed is provided or proof in way of statements, etc.



I would like assistance in responding to this claim in such a manner to strike out this claim for an alleged debt in Dubai and not pay this.

Alex Watts :

You just need to file a defence saying that it is outside the jurisdiction of the Court

Alex Watts :

The agreement must say it is binding in the UK

Alex Watts :

In any event any debt is time barred under the Limitation Act 1980 beyond 6 years

Customer:

sorry sent twice in error.

Alex Watts :

ok

Alex Watts :

Can I clarify anything?

Customer:

Thanks. Within the claim the solicitors filed, they enclosed copy of UK and UAE treaty. Is this enforceable?

Alex Watts :

No - Judgments are not enforceable from UAE in UK

Alex Watts :

It needs to be governed by:


Foreign Judgments (Reciprocal Enforcement) Act 1933
Alex Watts :

Further the agreement must state it is governed by UK law

Alex Watts :

Can I clarify anything else?

Customer:

Another point they are making is that within the terms and conditions of the credit card application they can bring proceedings against me outside the UAE, hence they have done so in the UK.

Customer:

What would my defence statement need to say?

Alex Watts :

You need a copy of the terms.

Alex Watts :

Each agreement would say it is governed by the law of X

Alex Watts :

In this case should be UAE

Alex Watts :

This means they can't bring it in the UK

Customer:

Can I state for you the exact wording they have used?

Alex Watts :

If you wish

Customer:

These terms and conditions are governed by the laws of the UAE. You and we submit to the non exclusive jurisdiction of the civil courts of the UAE. Such proceedings shall not restrict our rights to bring proceedings against you in any other jurisdiction.

Alex Watts :

Well they can't have it all ways.

Alex Watts :

Its either UAE or its not

Alex Watts :

In any event UK Courts dont have jurisdiction for UAE agreements.

Alex Watts :

Can I clarify anything else?

Customer:

Within the Statutory Demand, I have 14 days to acceot service and another 14 days to provide my defence.

Customer:

Please can you advise on what the defence statement should state to get this thrown out. They seem to have made a big fat case with documents and copies of treaty, terms and conditions, etc.

Customer:

Thank you.

Alex Watts :

You just need to say that the Court has no jurisdiction to hear the case. The terms state it is dealt with in accordance with UAE law. A UK Court does not have jurisdiction to hear UAE law cases

Customer:

Thanks Alex. Please may I request that this communication is private and lock the thread. I will be delighted to leave a very positive feedback for you. If I need legal assistance in this matter, are you able to represent me?

Alex Watts :

Once you rate I can lock the thread for you.

Alex Watts :

Sadly its against site rules to be instructed by you - I would have loved to helped.

Customer:

Thank you just the same. May I contact you for any other legal help in the future?

Alex Watts :

Of course.

Alex Watts :

 


If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice