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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I have received a county court summons from a UK lawyer representing

Customer Question

I have received a county court summons from a UK lawyer representing a bank in the UAE. I asked another lawyer if this was possible to be brought to the UK. Since then I have got a copy of my terms and conditions with the UAE bank. It says they following:
The Terms and Conditions are governed by and shall be construed
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 Emirate of Ras Al Khaimah.
How can they claim from the UK?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. At the outset, you need to realise that this legal action can be taken in the Uk. The COURTS OF THE EMIRATE of Ras Al Khaimah do not have exclusive jurisdiction. They only have non exclusive jurisdiction. This means that the bringing of an action elsewhere is not prevented. Exclusive jurisdiction is necessary to compel a party to litigate in a certain court. So in accordance with this clause, an action may be taken in the UK. Additionally, under the rules applicable throughout the EU, if a party wants to sue you as defendant, they must sue you in your home court. As you are living in the UK, this means they must sue you in the UK. So there is nothing wrong in law with what has occurred here. You will be unable to contest the jurisdiction of the English courts to lawfully hear the case, either generally or on the basis of the non exclusive jurisdiction clause for the courts in Ras Al Khaimah.

Customer:

Thank you. How will the courts look on this in the regard that I have been speaking with the bank in Dubai and have tired to make monthly payments but they became very abusive, threatening my Mother who lives at the address I have in the UK and would no co operate in any way apart from full settlement

Buachaill :

2. Ultimately, this bank in the UAE are going to seek to get judgment. A court will not take into account measures to effect a settlement or payment when deciding whether the money is owed or not and whether judgment should be granted. However, if the bank has in fact unlawfully threatened your mother, then she can sue for harassment, as she does not owe the money.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience: Barrister 17 years experience
Buachaill and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Although I am in no way questioning your expertise, I did see a similar question from another lawyer on your site. There reply was the complete opposite to yours. It is very confusing to someone like myself that does not know the law as when you see two different answers from the same forum, it can be hard to understand what it the right way to proceed. I would welcome your opinion on this. I have copied the other response below.


 


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 :

 

Customer: replied 2 years ago.

I am still waiting for an answer from August 15

Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.
Yes, I would like an answer please. I trust there are no extra charges for this?
Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you. There are no extra charges.

Thank you for your patience,
Nicola
Expert:  Alice H replied 2 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

Do you still need help with this matter?
Expert:  Alice H replied 2 years ago.
The information given by Buachaill is correct.

The UK has power to deal with judgments for debts arising in the UAE.

The Civil Procedure Rules Part 74 deals with ENFORCEMENT IN ENGLAND AND WALES OF JUDGMENTS OF FOREIGN COURTS:

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part74#IDASA0HC

The statutory provisions (the overall law which gives the Courts the relevant power to deal with foreign judgments is the Foreign Judgments (Reciprocal Enforcement) Act 1933:

http://www.legislation.gov.uk/ukpga/Geo5/23-24/13/contents

Here is a really clear article from Drukker Solicitors which amalgamates the links I have sent you:

http://www.drukker.co.uk/publications/reference/recognition-foreign-judgments/#.U8Q5_mK9KSO

The article reads:

Other Countries - Suing on the Judgment

Where there is no other means to do so, businesses and companies are at liberty to issue proceedings in England in what is known as an 'action on the judgment'. Unless there is some defect in the decision to be imported into England (for reasons which include those described above), a judgment creditor is entitled to apply for summary judgment on the debt after (1) the claim form and particulars of claim (ie the originating process) have been served, and (2) a defence has been filed or the time for a defence has passed. At this stage the creditor would plan to apply for summary judgment on the claim to obtain the recognition of the judgment in the English Court.

For the purposes of English private international law, the countries are each of the States of the USA, Japan; Russia, including Ukraine, Belarus; countries in the Middle-East such as Saudi Arabia, United Arab Emirates, Oman, Qatar; Africa; and principalities such as Liechtenstein.