Hello and thanks for requesting me
Owusu v Jackson. (Case C - 281/02,  E.C.R. I - 1383,  Q.B. 801) - deals with an accident abroad, not a debt
Thanks for that information. How should I respond to CWD on this point
In any event that is where the accident occurred so it is not an all fours.
A debt in the UAE has never been reported in the UK, so there has been no public test case.
Yes all fours, in order to rely on the case it must be the same as, or on all fours
They simply can not sue in the UK.
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.
If its not then the clause should read, this agreement is governed by any country we feel fit or where you live.
It does not
Ok thank you. I also asked if the debt had been assigned to them and they said there had been no deed of assignment.
There is always a risk they will try over here and you can't avoid tat.
If there is no deed of assignment then it can't be assigned.
They can't say well we want UK law, well actually only parts of it to apply
Can I clarify anything for you about this today please?
No that's very helpful thank you. If I need any further help I will get in touch.
Thanks. If I could ask you to rate as always before you go today please!
If you need more help please click reply
of course. have a good day
Thanks and you!
Hi Alex. I have one more point I wanted to clarify on this please
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?
ok great thanks
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
Is there anything else you advise doing at this stage?
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?
Have you had a chance to review my last reply?