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Court Claim - dubai bank / dubai bank - 24-7-2014

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  • Court Claim - dubai bank / dubai bank - 24-7-2014

    Received a claim? Yes
    Issue Date: 24-7-2014
    Amount approx: £10,000
    Claimant: dubai bank
    Solicitor: coyle white devine
    Original Credit: dubai bank

    Particulars of Claim:
    repayment of bank debt incurred by defendant whilst resident in UAE

    Stat Barred? Yes

    Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

    Other Info:
    1. Under UK law debt IS statue barred. CWD claim UAE limitation of 15 years applies.
    2. CPR 31.14 sent. NO Assignment agreement, NO default notice, No termination agreement. CWD say irrelevant as governed by UAE law but all these needed under UK law.
    3. My point this case is being tried on British Sovereign soil In an English court, therefore it must be under English Law, not UAE Law, as Britain is not part of nor an extension of UAE, I would purport that as this must be so, then English Law must apply unless the court is prepared to allow another nation's laws stand in our country. So English laws must be paramount, as surely the judge will base everything on our laws. Therefore a CPR31.14 is applicable, and the alleged debt must be statute barred under English law and in order to even take out a claim, under English Law, a Default Notice must be served after Termination of account.
    4. I asked that the solicitors provide me with the contract of assignment between themselves and the dubai bank, to prove they are legally entitled to to act on their behalf. This is per the FCA Rules, they say not necessary.
    5. so how to proceed? i need to file defence or extension asap?
    Tags: None

  • #2
    Re: Court Claim - dubai bank / dubai bank - 24-7-2014

    Welcome to LB

    I'll see if I can get my friend in Dubai to take a look, he is pretty clued up. :thumb: I believe he has said in the past that loans from Dubai can be enforceable in the UK.

    To help matters, could you give us a bit more info about the history of this debt? Was it a loan from Dubai Bank? When was it taken out that you think it would be SBd under English law?

    Most credit in Dubai is based around post-dated cheques, was this the case here? Presumably you are aware of the criminal element associated with bounced cheques in Dubai (luckily not in the UK).

    If the original creditor and the claimant are both Dubai Bank, there would be no assignment involved.

    Comment


    • #3
      Re: Court Claim - dubai bank / dubai bank - 24-7-2014

      Ah yes you have posted, you can ignore my pm reply in that case

      We'll try find out what we can, FP's friend sounds like a good bet.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Court Claim - dubai bank / dubai bank - 24-7-2014

        original creditor rakbank, solicitors are coyle white devine. its credit card debt.

        they are issuing lots of claims and this is a grey area as far as i see?

        what about jurisdiction issues?

        Comment


        • #5
          Re: Court Claim - dubai bank / dubai bank - 24-7-2014

          Originally posted by s11m0n10 View Post
          original creditor rakbank, solicitors are coyle white devine. its credit card debt.

          they are issuing lots of claims and this is a grey area as far as i see?

          what about jurisdiction issues?
          I will ask about that again.

          When was the last payment made?

          Comment


          • #6
            Re: Court Claim - dubai bank / dubai bank - 24-7-2014

            march 2008

            Comment

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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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