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Coyle White Devine

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  • Coyle White Devine

    Hi all i am new to this site, but really need some help. I have read lots of different views on this and really need to know what to do.

    I have received a letter from CWD saying that I owe Standard Chartered Bank Dubai 759,074 AED - on a credit card from 1998-99.

    I left dubai 15-16yrs ago have never been contacted or chased for any such debt - apparently this is 15yrs worth of interest.

    I left quite quickly and wrote a letter to the bank closing my account and also using any salary left to clear the credit card. It now seems i am being chased for £137k of which i don't have. I am getting extremely stressed and worried and really need some help

    I have seen the the limitations act 1980 applies in this country but in UAE its 15yrs not 6yrs - so am i right to believe they cannot now chase me for such debt and also can they legally chase me in the uk for this anyhow.

    Please can someone help and i am in total bits about this now .
    Tags: None

  • #2
    Re: Coyle White Devine

    Hi Lisam, welcome to LB

    I'm not going to be much help to you (personally) on this, but I do hope you get lots of advice

    I have, however, found THIS which you might find useful:
    In the UAE, limitation periods are not expressed in one comprehensive statute, but they are contained in various different laws. It is important to note that the limitation periods vary depending on the cause of action to be brought. The purpose of this article is to provide a one stop shop summarising the key time periods as it is usually the first question that any lawyer assessing a claim must determine.
    Limitation periods begin either when a cause of action is deemed to have arisen, such as a breach of a contract or when the harmed party becomes aware of the harm, such as a tort (i.e. medical malpractice). If a claim is brought out of time and if the defending party raises a statute of limitation defence which is accepted by the courts, the claim will be dismissed.

    General rules relating to time limitations are set out in the UAE Civil Code and as an overarching general rule, a claim is time-barred after 15 years, unless a specific provision states otherwise. There are, however, quite a few exceptions, many of which are contained in the UAE Civil Code itself and others can be found in the UAE Commercial Code, the code of law that governs commercial transactions, as well as other legislation.

    Notwithstanding the many exceptions alluded to above, the following can be taken as a general guide to limitation periods in the UAE:

    LIMITATION PERIOD STATUS
    Contracts 15 years Civil Code Article 473
    Cheques 1-3 years Commercial Code Article 638
    Insurance 3 years Civil Code Article 1036
    Tort (causing harm) 3 years Civil Code Article 298
    Building contracts (defects) 10 years Civil Code Article 880
    Carriage of goods by sea 1 year Commercial Maritime Law Article 287(a)
    Employment 1 year Labour Law Article 6
    Felonies 20 years Criminal Procedure Article 20
    Misdemeanours 5 years Criminal Procedure Article 20
    Contraventions 1 year UAE Criminal Procedure Article 20
    TYPES OF CRIMINAL CLAIMS LIMITATION PERIOD LAW
    Felonies 20 years Criminal Procedure Article 20
    Misdemeanours 5 years Criminal Procedure Article 20
    Contraventions 1 year UAE Criminal Procedure Article 20
    Good luck xxx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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    • #3
      Re: Coyle White Devine

      Hi welcome,

      CWD attempts to be "a law unto itself" in its approach to such matters I am aware that UAE has 15 years limitation period.
      CWD are often seen chasing debts that are near or already statute barred in quite a few countries.

      I would be inclined to write back simply stating that according to UAE law the debt is statute barred.

      I am not familiar though with any clauses regarding the pursuit of SB debts short of court action.

      That might attempt to bring an action in the UK but I would expect it to fail on time and jurisdiction apart from anything else.

      Comment


      • #4
        Re: Coyle White Devine

        You need to write back to CWD informing them it is time barred under UAE Civil Code as it is over 15 years since you had any contact from anyone about the account and also that you had repaid the account before leaving UAE in 1999.
        #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


        • #5
          Re: Coyle White Devine

          Thank you I am gona speak to a solicitor and give them all this info and get them to write directly to cwd. I think it's terrible that they can get away with doing this
          there needs to be more of a clear law in this country as to debt In Dubai

          Comment


          • #6
            Re: Coyle White Devine

            The UK cannot legislate to affect the laws of other states Dubai or any other.

            Comment


            • #7
              Re: Coyle White Devine

              Does that give Dubai the right then to chase debt in this country ?
              I find this all so confusing

              Comment


              • #8
                Re: Coyle White Devine

                Hi Lisam72

                Wondered how you have got on. I too have received a letter saying that I owe a bank in Dubai £23,000. I left 14 years ago. I also closed my accounts. Not sure which way to turn or where I stand, it certainly is stressful. Hope we can help each other.

                Comment

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