International

[spud54]

My partner has two contracts, one for a personal loan and one for a credit card. Both these were taken out with a Bank in Qatar.

We have tried endless solicitors, lawyers, debt helplines and still no one is prepared to say wether they are enforceable in this country.

In our endevour to find an answer, I think we (and the solicitors etc) may have made it more complicated than it needs to be.

On both contracts, there is a clause, stating that the terms and conditions are only to be judged on Qatari Law, but more importantly, if we were to accept that a case for their enforcement was going to be made in England, wouldn't the English Court have to try the case under English Law. If that was the case then wouldn't the Consumer Credit Act 1974 (Amended 2006) be the Law under which these documents are tested.

Does anyone have a thought on this. I hope Ihave made myself clear

[Guest]

Re: International

Has your partner fallen foul of the terms of either of the contracts?

Qatar is not within the jurisdiction of the English courts, so I doubt you could have a case heard here that could be binding in any way.

[spud54]

Re: International

Thanks Cetelco, I tried to keep it as brief as possible but I want two things out of any action I take and the first is to get it proven, in an English Court, that both accounts are unenforceable under English Law, but just in case CCI Legal, who are acting as collection agents in this case, are asked by the Bank to make an attempt to be heard in Court then surely it mut be heard under English Law and it would be possible for me to invoke the Consumer Credit Act 1974 and a very interesting bit of Case Law that I found. If you were to read the contracts you would be able to see why I think this is so good.


PHOENIX RECOVERIES (UK) LTD SARL v DEVENDRA KOTECHA (2011)
January 2011
An important Judgment from the Court of Appeal which clarifys issues under the Consumer Credit Act 1974 which were far too often misunderstood following HSBC v Carey. The judgment states that documents supplied under section 78 and required to enforce the debt must be correct from the time of inception whether reconstructed or not.