Dubai Debt Enforced in UK Court?

[Benjaminnicholson]

I would very much appreciate if anyone has any knowledge of a Dubai debt enforced through UK Courts? The debt in question is over 8 years.

[Amethyst]

Re: Dubai Debt Enforced in UK Court?

They can come after you for debt incurred in Dubai ( credit card?) for I think 15 years - is it Coyle, White & Devine ?

[Benjaminnicholson]

Re: Dubai Debt Enforced in UK Court?

Yes it is. How did you guess?

[Amethyst]

Re: Dubai Debt Enforced in UK Court?

There's been a few of them about. It's not something I know much about though I'm afraid. Just that they have 15 years.

Here's a couple other threads.

• Dubai debt help, Coyle Devine White letter
  
  
• Coyle White Devine Dubai / UAE debt court claim in UK
  
  
• Court Claim - dubai bank / dubai bank - 24-7-2014
  
  

[Benjaminnicholson]

Re: Dubai Debt Enforced in UK Court?

CWD have issued me with a petition of bankruptcy. I have always disputed the debt as I transferred the vehicle to another individual and I have an independent witness who was privy to the bank agreeing to the transfer.

[R0b]

Re: Dubai Debt Enforced in UK Court?

how much is the alleged debt for?

Did they serve a statutory demand on you beforehand?

[Amethyst]

Re: Dubai Debt Enforced in UK Court?

A statutory demand or a bankruptcy petition ? What form is it? This -> http://www.victoriapier.co.uk/docs/5.jpg ?

So you had a car loan in Dubai, and before leaving transferred the vehicle and loan? to someone else? Did your agreement allow you to assign it ?

[Benjaminnicholson]

Re: Dubai Debt Enforced in UK Court?

No it's not a statutory demand it's a petition to attend a hearing in September.

- - - Updated - - -

I don't think the terms allowed this but the bank agreed to it due to me being made redundant and I have a witness to corroborate the agreement.

- - - Updated - - -

R0b, the amount claimed is 15.384 and they did serve a SD. I was advised that setting a SD aside does not stop a petition being issued.

[Amethyst]

Re: Dubai Debt Enforced in UK Court?

You got the SD set aside?

( or you didn't apply to because someone told you it didn't prevent a bankruptcy petition ? )

[Benjaminnicholson]

Re: Dubai Debt Enforced in UK Court?

No I did not as yes, was advised that as a stat demand is not a court issued document it would not stop Court proceedings even if I did get it set aside.

[R0b]

Re: Dubai Debt Enforced in UK Court?

Setting aside the SD will effectively cancel it but you normally have to apply within a short period to set it aside. If they have suggested that an application to set aside the SD will not stop them from bringing a petition then that is not true.

As for your options, without going into great detail, the UK does not have any agreements or treaties with UAE and so any enforcement is required under common law principles. That's to say they have to bring fresh proceedings against you e.g. by serving the SD and now petition.

Foreign judgments can only be enforced in the UK if the court has jurisdiction on a territorial or consensual basis.

Territorial basis: If you were present in the country when proceedings were commenced then its deemed that the foreign court had territorial jurisdiction.

Consensual jurisdiction: If you agreed to the jurisdiction at the time or appeared in proceedings voluntarily, then this would be deemed as consensual jurisdiction. This could mean by signing an agreement or contract to say you submit to the foreign jurisdiction that could be deemed as consensual.

The judgment has to be final and conclusive and for a sum of money which is not a fine, taxes or other penalty.

Defences to the petition:

1. The foreign court's procedures breached the rules of natural justice.
2. The judgment was obtained by fraud.
3. Enforcement would be contrary to public policy or the European Convention of Human Rights.
4. The judgment is inconsistent with a prior judgment on the same subject matter and between the same parties.

So if you fall into the the territorial or consensual basis then CWD may have grounds for enforcing the judgment. After reading some of those threads Amethyst has mentioned it would seem that failure to pay may constitute a criminal offence. If an a warrant for arrest is outstanding does that create a finality of judgment?!

I'm not an international expert but the above is just a very rough guide as to why they may be able to enforce the judgment. I suspect they would however be required to provide a certified copy of that judgment as part of the application. If you have not received that I would be onto them and asking for proof of it.

[Amethyst]

Re: Dubai Debt Enforced in UK Court?

No I did not as yes, was advised that as a stat demand is not a court issued document it would not stop Court proceedings even if I did get it set aside.

That is right, however had you set it aside you'd now be looking at defending a court claim as opposed to facing a bankruptcy petition.

Just on what Rob has said, I'm not clear whether there actually was a judgment in Dubai ?

[Benjaminnicholson]

Re: Dubai Debt Enforced in UK Court?

R0b, thank you for your valuable advise. No judgement has been awarded and or provided within the UAE Court System. If there has, this has not been presented to me despite repeated requests. The Claiment can not account for the whereabouts of the vehicle for three years post me transferring the vehicle and leaving Dubai in February 2009. I did not know anything in relation to a debt until contacted by CWD in November 2015. I did pay a lot of money for a Solicitor to basically tell me both and I could not pay anymore to fight further. I did without prejudice offer 50% of the debt formally via the solicitor, this was refused without reason. Am I correct in saying, a Bankruptcy Order will not be granted if the debtor can repay the debt if it is deemed so? I feel very agrieffed that I took great time in trying not to leave a debt when so many thousands didn't bother. I know have a court hearing in Southend to which I am to complete a N244 form to transfer the case to my local court RCJ The Strand.

[Amethyst]

Re: Dubai Debt Enforced in UK Court?

You can still defend the petition.

Can you get a witness statement from the person who witnessed you assign the car and the loan and the agreement of the loan firm ? Did you get anything signed when you did this ?


( and yes you can still just pay the debt in full to avoid the bankruptcy petition )

[Benjaminnicholson]

Re: Dubai Debt Enforced in UK Court?

Yes I have a signed witness statement that states the individual was privy to the bank agreement of the transfer.