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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3517
Experience:  Solicitors 2 years plus PQE
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Hi, I have recently lost my job in Dubai UAE and had to come

Resolved Question:

Hi, I have recently lost my job in Dubai UAE and had to come back to uk (after 10 years ) I had to leave behind a credit card debt with RAK Bank because it was not possible to negotiate in their country without being locked up (I guess you know this). I have since received a letter from Coyle White Devine solicitors UK who have made a claim through a county court. Is this legal as the debt is in the UAE ( if I return to UAE I will be instantly jailed)
Can they enforce a CCJ. The first I have heard is a letter received today confirming judgment for the claimant in default (RAK bank) but with Coyle White Devines address as payee. Can they do this? Can you help?
Regards
Tracy
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Have the solicitors actually issued proceedings against you? Or have they said pay in 7 days or they will issue proceedings?
How much do you owe?
Kind regards
AJ
Customer: replied 2 years ago.
Hi AJ,
Thanks for your reply. I never received any communication prior to receiving an actual judgement in yesterdays 1st class post. The judgment is demanding £36k which is the debt plus many costs i assume. Its asking for the money to be paid to Coyle White Devine on behalf of the UAE bank. Its marked county court money claims centre in Salford.
Thank you
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Does it say it is a default Judgment?
Kind regards
AJ
Customer: replied 2 years ago.

Hi, Yes it does.

Regards

Tracy

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
What they have potentially done is issued proceedings against you and because you have not received them they have been able to secure a judgment against you in your absence. This does not really require much evidence because you were absent when the Judgment was made.
If you are seeking to contest the Judgment then you need to have it "set aside" by making an application to the County Court as soon as possible https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money - do this as soon as possible
It is possible that your credit agreement if not enforceable in the UK especially if it says that it is exclusive to the UAE jurisdiction.
What I suggest you do is the following:
1. Write to the solicitor and say that you clearly were not served with these proceedings and have not been provided with any evidence as to how this debt was incurred - say that you want them to confirm by return that they will not enforce the agreement (whilst you seek to set it aside) and that if they do you will be reporting them to the Solicitor Regulation Authority for quite clearly abusing a position of trust against an unsuspecting member of the public by not actually serving you with the proceedings. Say that in order for you to properly consider their allegations going you will require some proof that they actually have a valid claim.
2. What you need to find out next is whether they actually have a copy of the credit agreement. If they cannot prove that they have a signed copy of the agreement, and that it is applicable to the UK then a full hearing will not result in a successful claim.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.
Hi
Thanks for the info, this does help partially, however, i am concerned about applying to sett it aside as we do technically owe the money albeit to a foreign bank. Could my reason be a dispute of the actual amount requested as this is clearly more than i actually owe due to escalated cost and interest etc.
Thanks
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Absolutely you can dispute the debt on the grounds of quantum. You do them need to have to hand some evidence or statement to back up what you do actually owe.
In any event you should have it set aside because there was no reason for them to bring the claim without demand the money first. Also you ideally do not want to have a county court judgment against your credit record.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3517
Experience: Solicitors 2 years plus PQE
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