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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex, I have received 2 more letters from the debt

Resolved Question:

Hi Alex ,
I have received 2 more letters from the debt collection agency . I have not opened the letters I sent them back with, "gone away return to sender" can they still take legal action if I have not received the mail ? I will not be at this address next week going to stay with another friend . Trying to just focus on me at the moment . I can not afford a lawyer at the moment . Apologies I have not been harassed in such a manner and it is really getting to me .
29/06/2016 02:52
They now threaten to send a court summons regarding my UAE debt ? Is this possible and will the UK courts sent a summons in regards ***** ***** credit card debt ? Although the agreement falls outside the jurisdiction?
29/06/2016 03:09
Memorandum of Guidance as to Enforcement between the DIFC Courts and the Commercial Court, Queen's Bench Division, England and Wales - DIFC Courts
https://www.judiciary.gov.uk › Guidance
29/06/2016 03:11
Alex it is this is what they say they are going to use against me.
29/06/2016 03:13
sorry this is the link
https://www.judiciary.gov.uk/w…
29/06/2016 01:07
Hi Alex I got another letter from the debt collection agency i just returned to sender moved away . I sent you questions above waiting for your reply please get back to me as soon as possible thank you
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello and thanks for asking for me.

Yes just send it back, return to sender.

Can I clarify anything for you?
Alex

Customer: replied 11 months ago.
Hi ***** you checked the links I sent you ?
Customer: replied 11 months ago.
The memorandum ??
Expert:  Ash replied 11 months ago.

I cant see the full link

Customer: replied 11 months ago.
https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Guidance/uk-uae-protocol-with-logos.pdf
Customer: replied 11 months ago.
Alex I am currently in middle of looking for a job if they take me a court and file a CCJ? Does that mean I will not be able to seek employment ? The credit agency is threatening me with that ? Please help
Expert:  Ash replied 11 months ago.

Para 6 says: There is currently no treaty in place pursuant to which either party’s judgments may be enforced by the other party’s courts

They cant enforce over here. In any event they would have to get a CCJ in the UAE.

But in any event this is not binding as it is guidance and has NOT been signed.

Alex

Customer: replied 11 months ago.
Alex can they get a CCJ in the UK ? And if so will this block me from getting a job ???
Customer: replied 11 months ago.
I need to find a job I have no money or assets they can go after
Customer: replied 11 months ago.
Alex if the do apply for a CCJ in the UK courts can I block this by applying for Tomlin Oder I think it is called ??
Customer: replied 11 months ago.
Alex if the do apply for a CCJ in the UK courts can I block this by applying for Tomlin Oder I think it is called ??Please let me know
Expert:  Ash replied 11 months ago.

No it won't stop you getting a job if you get a ccj. You can get a Tomlin order but you would have to agree to the debt.

Only if they get a ccj in UAE is there any possibility of enforcement here.

But even then the guidance is not binding and certainly has not been signed.

Does that clairfy? Alex

Customer: replied 11 months ago.
you mean the CCJ has to be from the UAE not UK courts ?? Is that right ?? But they apply for a CCJ in the UK courts if the debt is transferred to the uk collection agency ? ?? Or dies it still have to be UAE as that the debt us under the jurisdiction in the UAE kindly clarify .
Expert:  Ash replied 11 months ago.

No, it has to be UAE. They need to get a UAE ccj to even consider enforcing here.

They don't have jurisdiction to start proceedings here without a UAE ccj or equivalent according to the guidance.

But as I have said, it's not guidance which has been signed?

Does that clairfy? Alex

Customer: replied 11 months ago.
Just so I understand so the CCJ has to be issued in the UAE as the debt is from the UAE will the CCJ appear on my reference check here in the UK when I apply for a job ?
Expert:  Ash replied 11 months ago.

No.

They need to get one in the UAE then apply to enforce here. It's not a uk ccj so will never appear on a credit record here.

Does that clairfy? Alex

Customer: replied 11 months ago.
Right and if they apply to the UK for enforcement will they be able to enforce it if so will it show on my credit record ?
Expert:  Ash replied 11 months ago.

No. Did you see my response above? It will never be on your credit file. It's not a uk judgment.

Alex

Customer: replied 11 months ago.
Alex thank you really have been great help as you see I have no idea how things work the threats I am receiving from these debt collectors is beyond belief . National Debt were unsure of the legalities . You should publish a journal because it seems a few lawyer s are unaware of the legal issues with the UAE .
Lastly I would want to commend you on your legal knowledge and covering this matter . I shall stay in touch . I am sure you mail box is full of similar cases . Thank you once again
Expert:  Ash replied 11 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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