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I have received a court claim from Coyle White Device Solicitors in the UK for a credit card debt I had when I worked in Dubai in 2007. They are the solicitors acting for the original lender who is the claimant.
In the court claim they have listed the terms and conditions of the credit card contract and one of those clauses is;
Clause 4.2.3
The Terms and Conditions are governed by and shall be construed in accordance with the laws of the United Arab Emirates and the Cardholder herby submit irrevocably to the non-exclusive jurisdiction of the courts of the United Arab Emerates. Such submission, shall however not prejudice the rights of [the Claimant] to bring proceedings against the Cardholder in any other Jurisdiction
They have sent me signed copies of the original agreement and statements of the account.
Had the debt been taken out in the UK then it would likely be statute barred. However in the UAE the law is 15 years limitations.
So my question, is the claim being bought in the UK valid ( jurisdiction wise) and do the laws of the UAE apply over and above those in the UK.
I understand the court procedure and CPR rules of evidence etc in the UK apply, however the Consumer Credit Act and Limitations Act do not apply.
The claim is for over £10,000 ( AER 64,000 )
In the court claim they have listed the terms and conditions of the credit card contract and one of those clauses is;
Clause 4.2.3
The Terms and Conditions are governed by and shall be construed in accordance with the laws of the United Arab Emirates and the Cardholder herby submit irrevocably to the non-exclusive jurisdiction of the courts of the United Arab Emerates. Such submission, shall however not prejudice the rights of [the Claimant] to bring proceedings against the Cardholder in any other Jurisdiction
They have sent me signed copies of the original agreement and statements of the account.
Had the debt been taken out in the UK then it would likely be statute barred. However in the UAE the law is 15 years limitations.
So my question, is the claim being bought in the UK valid ( jurisdiction wise) and do the laws of the UAE apply over and above those in the UK.
I understand the court procedure and CPR rules of evidence etc in the UK apply, however the Consumer Credit Act and Limitations Act do not apply.
The claim is for over £10,000 ( AER 64,000 )
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