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If this is a UAE debt then it is not enforceable in the UK
Judgments are not recognised here in the UK
They can not issue proceedings in the UK unless any credit agreement states they can'
This is very unlikely
Therefore you should not worry, debts from the UAE are not enforceable in the UK
Can I clarify anything for you about this today please?
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.
You just need to file a defence saying that it is outside the jurisdiction of the Court
The agreement must say it is binding in the UK
In any event any debt is time barred under the Limitation Act 1980 beyond 6 years
sorry sent twice in error.
Can I clarify anything?
Thanks. Within the claim the solicitors filed, they enclosed copy of UK and UAE treaty. Is this enforceable?
No - Judgments are not enforceable from UAE in UK
It needs to be governed by:
Further the agreement must state it is governed by UK law
Can I clarify anything else?
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.
What would my defence statement need to say?
You need a copy of the terms.
Each agreement would say it is governed by the law of X
In this case should be UAE
This means they can't bring it in the UK
Can I state for you the exact wording they have used?
If you wish
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.
Well they can't have it all ways.
Its either UAE or its not
In any event UK Courts dont have jurisdiction for UAE agreements.
Within the Statutory Demand, I have 14 days to acceot service and another 14 days to provide my defence.
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.
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
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?
Once you rate I can lock the thread for you.
Sadly its against site rules to be instructed by you - I would have loved to helped.
Thank you just the same. May I contact you for any other legal help in the future?
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