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MCOL from Swiss Bank

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  • MCOL from Swiss Bank

    I had a UBS current account and credit card 6 years ago when l lived in Switzerland. There were 3 disputed transactions during that time which with 2 disputes left open (i.e. l am due a refund). By 2016 there was a balance left on the credit card which l was unwilling to pay but had offered a full and final settlement to close (which was agreed verbally by UBS with a formal letter by myself which they did not accept in writing). In 2019 l received a Claim via MCOL for an alleged outstanding credit card balance. This claim states Claimant is UBS Switzerland but it was in fact made by a UK based debt collection company. Their director signed the claim but stated he is a bank. Does this appear to be a misrepresentation of fact?

    The contract signed in Switzerland states very clearly that the contract is subject to Swiss law and the place for debt payments is Zurich, Switzerland, even for foreign-based debtors.

    It states:
    "This agreement is governed by and construed in accordance with
    substantive Swiss law. The exclusive place of jurisdiction for all
    legal proceeding is Zurich, Switzerland, or the location of the
    branch holding the account. This shall be the place of performance
    and the place of debt collection for cardholders domiciled abroad.
    Any mandatory legal places of jurisdiction are reserved."

    I filed an Acknowledgement of Service and a defence. The defence questions the court's jurisdiction and states the facts from my side, it gives the history of the account and mentions the open disputes.

    I want to make an application for the Claimant to have the Claimant statement struck out on the grounds they have no grounds to bring the case. And that the court is not within its jurisdiction to make a Judgment in English law. I assume l have to make this application via a form N244 which may be subject to a fee. Any advice on the wording of this application is welcome.

    The Claimant did not lay out the heads of claim (as per CPR pre-action protocol) nor has he actually listed the UBS account number. This appears to contravene the CPR requirements, making the claim non-specific. Advice?
    Tags: None

  • #2
    You are going to have no such luck striking this out for lack of jurisdiction because there is a specific process for that. You would need to tick the option that says you dispute jurisdiction and an application would need to follow requesting the court declare that it has no jurisdiction. Because you filed a defence, you are deemed to have accepted jurisdiction.

    Also, you've already filed a defence and except for paying to amend your defence, I don't think there's much we can do for you. It's not clear whether the UK based debt collection agency is acting as the claimant in these proceedings or as it's agent. If the former, then you could have had a clear cut case for strike out on the basis the debt collection co. has no jurisdiction.

    Non-compliance with the pre-action protocols is likely going to be a cost issue but probably not warrant striking out the claim.

    Finally, you've not provided us with a copy of the claim form so it's difficult to see if there's any problems in that regard, not to mention that the contract is subject to swiss law and I doubt very much anyone on here is an expert on that!

    How much is the claim by the way?
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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