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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9784
Experience:  I have been practising for 30 years.
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Can someone be declare bankruptcy in the uk against uae

Customer Question

can someone be declare bankruptcy in the uk against uae credit card debt ? Seems there are conflicting answers if this debt can be enforced in uk courts ???
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

If solicitors have contacted you about this and they are Coyle White Devine, they are very experienced in these matters.

What they can’t do is sue you in the UK court in respect of a UAE debt. They can however sue you in the UAE court and then enforce the UAE judgement in the UK courts in all the usual ways including making you personally bankrupt.

Prior to October last year, the amount of debt had to be over £700 before anyone could be made bankrupt but since that date, the amount has now gone up to £5000

Can I clarify anything for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails if you wish.

Best wishes.

FES

Customer: replied 1 year ago.
There is no recpriocal agreement between the UK and the UAE there is a memorandum of agreement only . The credit card agreement was signed in the UAE ? This contradicts what ALex W has said please go back to thread totally confusing I was waiting for her to get back to me .
Customer: replied 1 year ago.
http://my.justanswer.co.uk/question/index/fa671d9df0134714a4d32f7a47cb2c06?al=1&utm_source=sys&utm_medium=email&utm_content=viewanswer_bu&utm_campaign=answer_notify&r=nte%7C2016-07-02_pdcJaUkTrxAnswerNotify%7Cln=viewanswer_bu&rpt=1020
Expert:  F E Smith replied 1 year ago.

If you look partway down the thread from Alex, it says this

"But it can be enforced here if they get a CCJ in UAE and then apply to enforce here. We have discussed this several times and my answer remains the same.

Alex”

which is what I said.

Customer: replied 1 year ago.
they can try to enforce a CCJ here form the UAE but there is no reciprocal agreement between UAE and the U.K. ??
Expert:  F E Smith replied 1 year ago.

I am sorry, but I’m not certain what effect you are getting at.

Customer: replied 1 year ago.
Apologies I am new with all this and not sure where I stand . I am trying to understand how things work if you loose your job in the UAE you do not have the chance to sort things out you are sent to jail ! I need to know where I stand .
Expert:  F E Smith replied 1 year ago.

The UAE has no bankruptcy law hence, debtors go to prison. However from October last year, that law was relaxed.

Provided they have a judgement in UAE, it can be enforced in the UK.

Judgements can be enforced in the UK with a charging order against property, a third party debt order to take money straight out of the bank provided there is enough money to satisfy the full debt when the order is presented, an attachment of earnings order to take money every week/month from a person’s wages, and of course bankruptcy.

Please don’t forget to use the rating service at some stage so that I get paid. We can still exchange emails. Best wishes.

Customer: replied 1 year ago.
I correct you there sorry the laws were not relaxed ! What is said and what I'd done are 2 separate things . I know I was there .
Expert:  F E Smith replied 1 year ago.

Although the situation in the country may actually be different, the official version is that it has been relaxed.

http://www.thenational.ae/uae/changes-introduced-to-keep-uae-debtors-out-of-jail

are you saying that all these reports are incorrect?

Customer: replied 1 year ago.
I have proof !!!
so from what you have stated there is an official reciprocal agreement between the UAE and the U.K. fir enforcement ??
Customer: replied 1 year ago.
The UAE does have bankruptcy laws ! How do you think a local national debt is handled ????So it's only the foreign expats that get thrown in prison .
Expert:  F E Smith replied 1 year ago.

There is a memo of understanding since 2013. The effect is the same

http://www.globallegalpost.com/global-view/enforcing-money-judgments-between-the-uae-and-uk-86038618/