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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Alex. I have a question regarding a UAE credit card debt

Resolved Question:

Hi Alex. I have a question regarding a UAE credit card debt that I am being pursued for by Coyle White Devine. I have told them that because the credit agreement is governed by UAE law then the UK has no jurisdiction over the matter. They have come back with the following comment:
the non-exclusive jurisdiction clause is deemed agreed to when you signed the Credit Card Agreement and began using the banking facilities associated with said agreement. This allows our client to sue you under UAE law using the UK courts. For clarification, under the “forum conveniens” test, the Courts of England and Wales are for the following reasons the most convenient forum for this case to be heard:
a. the Applicant resides within the jurisdiction of the Court;
b. the Claimant’s legal representatives practice within this jurisdiction;
c. the Court has before it all of the evidence which it requires in order justly to dispose of these proceedings;
d. the issues which are the subject of these proceedings are not novel, complex or undecided points of UAE law.
Further still, the decision of the European Court in Owusu v Jackson. (Case C - 281/02, [2005] E.C.R. I - 1383, [2005] Q.B. 801) has confirmed that “where proceedings in a civil or commercial matter are brought against a Defendant who is domiciled in the United Kingdom, the court has no power to stay those proceedings on the grounds of forum non conveniens.......”.
Please can you advise on this
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello and thanks for requesting me

Alex Watts :

Owusu v Jackson. (Case C - 281/02, [2005] E.C.R. I - 1383, [2005] Q.B. 801) - deals with an accident abroad, not a debt

JACUSTOMER-zvpk97ng- :

Hi Alex

JACUSTOMER-zvpk97ng- :

Thanks for that information. How should I respond to CWD on this point

Alex Watts :

In any event that is where the accident occurred so it is not an all fours.

JACUSTOMER-zvpk97ng- :

all fours?

Alex Watts :

A debt in the UAE has never been reported in the UK, so there has been no public test case.

Alex Watts :

Yes all fours, in order to rely on the case it must be the same as, or on all fours

Alex Watts :

They simply can not sue in the UK.

Alex Watts :

You should write back saying that the case is not on all fours and the jurisdiction clause is a contradiction. its either the Jurisdiction of the UAE as per the contractual terms which THEIR client agreed to or its not.

Alex Watts :

If its not then the clause should read, this agreement is governed by any country we feel fit or where you live.

Alex Watts :

It does not

JACUSTOMER-zvpk97ng- :

Ok thank you. I also asked if the debt had been assigned to them and they said there had been no deed of assignment.

Alex Watts :

There is always a risk they will try over here and you can't avoid tat.

Alex Watts :

If there is no deed of assignment then it can't be assigned.

Alex Watts :

They can't say well we want UK law, well actually only parts of it to apply

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-zvpk97ng- :

No that's very helpful thank you. If I need any further help I will get in touch.

Alex Watts :

Thanks. If I could ask you to rate as always before you go today please!

Alex Watts :

If you need more help please click reply

JACUSTOMER-zvpk97ng- :

of course. have a good day

Alex Watts :

Thanks and you!

Ash and 5 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex. I have one more point I wanted to clarify on this please

Expert:  Ash replied 2 years ago.
Sure.
Customer: replied 2 years ago.

In your recommended response to CWD your line states

" its either the Jurisdiction of the UAE as per the contractual terms which THEIR client agreed to or its not."

Who is it you are referring to when you say THEIR client, is it me or the bank?

Expert:  Ash replied 2 years ago.
Their client - the bank.
Alex
Customer: replied 2 years ago.

ok great thanks

Expert:  Ash replied 2 years ago.
Happy to help!
Alex
Customer: replied 2 years ago.

Hi Alex

Expert:  Ash replied 2 years ago.
Hey
Customer: replied 2 years ago.

Hi. I reverted back to CWD and they didn't answer any of these specific points just said that they had already done their best to answer my questions and that they had been instructed by their client to go ahead with proceedings.

Not sure whether that is just a threat but will wait and see. Interesting they didn't answer the specific points

Customer: replied 2 years ago.

Is there anything else you advise doing at this stage?

Expert:  Ash replied 2 years ago.
I would not do anything else at this stage.
Do they really want to be a test case - probably not.
Alex
Customer: replied 2 years ago.

Hi Alex


 


CWD have issued proceedings against me, didn't take them very long! I presume that I should send the acknowledgment of service back within the 14 days and say that I am contesting jurisdiction?


 


This should then allow me a further 14 days to provide the reasons why I am contesting jurisdiction, which is based on the details that you have already provided me?


 


Thanks

Customer: replied 2 years ago.

Hi Alex


 


Have you had a chance to review my last reply?


 


Thanks