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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3493
Experience:  Solicitors 2 years plus PQE
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I have a lot of debits in UAE, which I have been trying

Customer Question

Hi I have a lot of debits in UAE, which I have been trying to pay. but of late due to lack of work I wasn't able to. I have come back to UK. Now I saw email/ letter from a UK debt collector. They are saying they have the right to sue me in UK unless I pay the full amount. My knowledge was they are unable to take court action in UK. Can you perhaps shed some light on this. Thanks Sanir
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
I have made a 38 gbp payment. Thanks
Expert:  Alex J. replied 9 months ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Are the debts with banks? Kind regards AJ
Customer: replied 9 months ago.
hi AJ yes with banks - mainly credit cards and some personal loans
Expert:  Alex J. replied 9 months ago.
Hi, Thank you. The technical position is they may no be able to pursue in the UK Courts, if the agreements in the UAE state they are subject to exclusive jurisdiction of the UAE. If that is the case they would have to get a court order in the UAE first and then come to the UK and try and enforce it. You could try and write to the debt collector as follows:- You deny any liability for the debts as they are subject to the exclusive jurisdiction of the UAE:- Say that it is a criminal offence under S.40 of the Administration of Justice Act 1970 to pursue someone for a debt so as to cause harassment;- Say if they continue to chase you, you will report the matter to trading standards or the police. How old are the debts? And are they with UK based banks in the UAE? Kind regardsAJ
Customer: replied 9 months ago.
Hi the debts are recent, I have been paying my cards/ loans over 4 years, and last few months I have not been able to keep up with them, due to lack of work/ project. I have tired some reasonable settlement as I have paid more then the credit limit - maybe twice over (monthly minimum) but all just goes on interest and the debts kept increasing.
The letter says -
they are acting on behalf of bank and can take court action in UK in 21 days. how can I forward you the letter if you wish to have a look at it? thank very much for your help
Regards
SC
Customer: replied 9 months ago.
yes all the banks are UAE based banks and took the cards/ loan in UAE.
Expert:  Alex J. replied 9 months ago.
Hi, Thank you. You can post the letter into this thread if you can scan it? Do you still have any contact with the bank? Could you negotiate a repayment plan?
Customer: replied 9 months ago.
yeah I will it now.
Yes I am talking to them via emails and I have asked for some time and a plan to start payment towards the end of 2016. My intention was always to pay, but they do not want to hear all that, it goes to collection agencies and they really harass u and use abusive language on phone.
q) I have heard that there is no agreement between UAE and UK where a court order in UAE can be taken to court in UK. Not sure something like that. Do you know much about that? I wanted to be sure on that. As in UAE they bounce security chq and make it a criminal case. Chq bounce is criminal offence there.
Customer: replied 9 months ago.
attached the letter
Expert:  Alex J. replied 9 months ago.
Hi, Thank you. The document states that the credit agreement has no exclusive jurisdiction. I would need to see the credit agreement. Have they provided you with a copy of the signed agreement?
Customer: replied 9 months ago.
Yes I have been reading in various forums its a standard letter, and oddly in most case it is this same collection agent.
Unfortunately I do not have a copy of agreement the card is few years old and also i left in a panic everything inc most paper works are just in UAE. wil be hard to access it.
Also these are unsure loan - i mean just personal loans/ card.
Although I am seeing many post of people being chased etc, but I have not come across any where someone had to go to court. Anyway I will wait for your response. Thanks
Expert:  Alex J. replied 9 months ago.
Hi, Thank you. If they want to sue you they will have to provide evidence. I would write to them and say they have approached you unsolicited, have not provided any evidence on how the debt has been incurred or that the credit agreement has been signed. Say you are surprised they are threatening you with a costs indemnity without even providing evidence or proof the indemnity was signed. Say there is no way you can take the contents of their letter to be anything more than harassment (as per S.40 above), and you are minded to complain to the Solicitors Regulation Authority. If they do issue a claim you will have to defend it, but they will have to provide evidence of your agreement. Kind regards AJ
Customer: replied 9 months ago.
thank you AJ
may I ask you if there is any solicitor you may recommend for me to meet and take advice? Perhaps someone who specializes in these sort of debt situation. If its not too expensive I would like to meet someone face to face and take advice on this issue. As there will be other cards that will follow this I think. Regards
SC
Expert:  Alex J. replied 9 months ago.
Hi, Thank you. We cannot recommend lawyers here, if you contact the Law Society www.lawsociety.org.uk, they will be able to recommend someone that specialises in defending debt recovery claims.
Customer: replied 9 months ago.
Hi AJ, sorry i wanted to just share this with you. Maybe you will understand this better then me. Sorry I know I am taking a lot of your time.
http://www.emirates247.com/property/local-uae-banks-can-chase-home-loan-defaulters-in-foreign-countries-2011-08-29-1.415585Though it was in 2011, it might be something?
Expert:  Alex J. replied 9 months ago.
Hi Thank you. This articles makes the point they would have enforce the UAE in contract in England which brings into doubt whether it is enforceable under English law. If you note they have not actually referred to your credit agreement in the letter pursuing you , I suspect this may be because they already know it is unenforceable. In any correspondence I would be careful not to admit liability for the debt. Kind regards AJ

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