Solicitor letters for UAE debts

[efpom]

If the alleged debt occurred in the UAE, and the defendant does not live in the UK, the 1st question for any UK court is: Does the (UK) court have jurisdiction to hear the claim?

One answer to that may be that a contract between the parties agreed that a UK court has jurisdiction.

[Capstone]

This is what I got from the lawyer as for yesterday.
I have sent a letter that I received from solicitor so Lawyer is reviewing now. Once I receive their review will share with you.

" Based on the information provided, the issue revolves around a couple of key aspects: your current residence status and the decision about whether or not to file for bankruptcy.

Firstly, while you are not in the UK, letters or court orders sent to your UK address are still technically being delivered to you, especially if the sender believes that to be your current address. Ignoring these could result in the situation escalating without your knowledge. However, it should be noted that enforcement of any court order, especially when it comes to debt collection, becomes more complex if the debtor is not resident in the jurisdiction of the court. So, while you can't be entirely excused from letters or court orders, their effectiveness may be limited.

As for the question of bankruptcy, it's a significant decision that should be carefully considered. Bankruptcy involves a legal process where you declare that you cannot repay your debts. It can provide a fresh start by erasing most debts, but it also has significant consequences. Your credit rating will be severely affected, making it difficult to borrow money or use credit in the future. It can also impact your employment and living situation, as some professions disallow bankrupt individuals and some landlords won't rent to them. In addition, bankruptcy can have an emotional impact, adding stress and possibly affecting personal relationships.

There are some steps you can consider:

Communication: Despite your inclination not to reply, it's generally better to respond to the letter. You can indicate your current financial and health situation, and mention your inability to repay at this time.





Seek Help: There are debt advice services in many countries, often provided by non-profit organisations, that provide free advice and support to people in debt. They can help you understand your options and negotiate with creditors.





Consider Alternatives: Before declaring bankruptcy, it might be worth exploring other options. Debt management plans, debt consolidation, and debt settlement are some strategies that can help manage and eventually eliminate debt without resorting to bankruptcy.





Bankruptcy: If you decide to go down the route of bankruptcy, it's crucial to fully understand the process, its implications, and whether you qualify. The rules vary from country to country, and it might require legal assistance to navigate the process. "

However, I have to clarify with lawyer that I am out of UK only for temperary as of now it will depens on how my health conditions will change. So it is better to find UK based help.
Also, my biggest concern is that impact on my family. Whichever options I take it will be my priority matter.
Even my credit score will be significantly affected.

[Capstone]

Hi EFPOM, That's right.

I've been thinking about it, but there seems to be a lot of opinions that if the address where the letter was delivered is where my son lives and I'm a British citizen, legal proceedings can proceed regardless of where I live.

What I want to prevent the most is that the letter is continuously delivered to the address where my son lives, so I thought I should reply by e-mail to them to know I am not in the UK.
But I'm worried that if the fact that I'm abroad is conveyed, this problem will go to a wider range.

[Capstone]

Dear All,

I just got a reply the lawyer from Just Answer website.
However, I think this is not a proper way to reply.
A few sensitive matters are mentioned which should not be.

I desperately need your help. Please review and feel free to advise.

The points I want to convey are :
1 How do I stop the solicitor from sending a letter to the address where my son lives? Is that possible?

2 How to convery the message that I am not able to work,
no incomes and no assets that left me with no choice but bankrupcy process once I go back.



Subject: Re: [Case reference number]


Dear [Law Firm's Name],


I am writing in response to your letter dated [date of their letter] concerning the alleged debt with the reference [account number].


I am currently out of the UK due to health problems, specifically, Panic disorder, hyperlipidemia, and arrhythmia. This situation has affected my ability to work, and consequently, I am without income at this time.


The debt amount stated in your letter appears to be higher than the original amount I am aware of. Therefore, I kindly request a detailed breakdown of this debt, including the principal amount, interest, fees, and any other charges. This will allow me to understand the calculation better.


Due to my current circumstances, I intend to file for bankruptcy upon my return to the UK. I wish to inquire whether such proceedings could potentially halt any ongoing or future attempts to collect this debt.


Moreover, I would like to kindly request that you cease sending letters to my current address, as it is my son's residence. All future communications may be sent to my email address.


Finally, it is essential for me to understand if my financial situation, including a potential bankruptcy, could impact my family in any way. Particularly, I am interested in whether it could affect a property owned solely by my husband.


Thank you for your attention to this matter. I look forward to your response and further clarification on the issues raised.
Please consider this email as my formal request under the Consumer Credit Act 1974 for all information that you have about me on your records.

Yours faithfully, [Your Name]
Your Questions:

[echat11]

Subject: Re: [Case reference number]


Dear [Law Firm's Name],


I am writing in response to your letter dated [date of their letter] concerning the alleged debt with the reference [account number].


At this moment in time, I'm not in the UK due to serious ongoing health problems, specifically, panic disorder, hyperlipidemia and arrhythmia. These health problems has affected my ability to work and consequently, I am without income at this time.


The debt amount stated in your letter appears to be incorrect, more than the original amount, I therefore require you to provide a detailed breakdown of this debt, including the principal amount, interest, fees, and any other charges. This will allow me to understand how your client has arrived at that amount.


Due to my current circumstances, I intend to file for bankruptcy upon my return to the UK. I wish to inquire whether such proceedings could potentially halt any ongoing or future attempts to collect this debt.(I'm not sure they will tell you what they will / will not do)


Moreover, I would like to kindly request that you cease sending letters to my current address, as it is my son's residence and will not be responded to as I'm not in the UK. All future communications should be sent to my email address, so I can respond to you in a timely manner.


Finally, it is essential for me to understand if my financial situation, including a potential bankruptcy, could impact my family in any way. Particularly, I am interested in whether it could affect a property owned solely by my husband.(I'm not sure they will give you the advice you seek).


Thank you for your attention to this matter. I look forward to your response and further clarification on the issues raised.
Please consider this email as my formal request under the Consumer Credit Act 1974 for all information that you have about me on your records. (the card wasn't taken out in the UK, so CCA 1974 wouldn't apply). You could send the solicitors a SAR, but you might only get limited information back - https://legalbeagles.info/library/gu...ccess-request/ )

Yours faithfully, [Your Name]
Your Questions: (I'd remove that, inviting them to ask questions that you don't / won't want to answer is inviting trouble).

[Capstone]

Thank you very much ECHAT11.

Just one question I have before I sending a letter to solicitor.

Is there any legal terms or practice that I or my son can convery to them to stop sending a letter to this address? Or just a request ?

[atticus]

You could give your actual address.

Until you do that they know from your replies to date that letters sent to this address reach you. They will say that you are very keen to say that you do not live there but surprisingly reluctant to say where you do live.

If you are sued, and if you defend the case, then sooner or later you are going to have to give your address, in a statement verified by a statement of truth. Misleading the court = bad thing.

[atticus]

If a bankruptcy order is made then legal action against you should stop. Instead this claimant should lodge its claim with the Official Receiver/trustee in bankruptcy.

I would not ask these solicitors to give you any advice. By all means ask here or consult a reputable debt adviser - but not an IVA peddling shark.

[Capstone]

Thanks ATTICUS,

You are very right!

I wonder whether I should send a reply or not.
I can't go to court or defend if they take CCJ or other legal action. Of course, I can prove that I was abroad if necessary.
If they take legal action, I'd like to know they usually visit to that address or it will lead to an impact only on my credit record.

kindly advise.

[echat11]

Thank you very much ECHAT11.

Just one question I have before I sending a letter to solicitor.

Is there any legal terms or practice that I or my son can convery to them to stop sending a letter to this address? Or just a request ?

What your son could do, depending on what you decide to do, is send them back to the solicitors, but pass on a forwarding address to the solicitors, it would take a long time to reach you, in that case a email address would be their preference.

[atticus]

a visit is possible, maybe by bailiffs.

[Capstone]

ATTICUS, I totally agree that LB is giving most helpful advice.
I am sorry but could you please check the meesage #24 and put some thoughts?

And If I have to go for bankrupcy I need to get help by free debts advisors such as step change, debt helpline etc.
Do you think I should go with private sector? I'm afraid they charge much on this maybe..

[Capstone]

Dear All,

Do you know any debt advisor to recommend?

I think I should contact them while I stay here and once I am able to get better picture with DA I will fly back to the UK. Even bring bunch of tranquilizer with me though.





It doesn't matter to you at all, but I want to tell you something.
My father was a pastor, and when he retired he returned all his money to the church and is still doing missionary work.
He is very old man now. He thinks I'm a proud child, but my present self has become the biggest stain of my father's life.
I've done an unforgivable mistake, but I guess I'm getting your help because of my father's prayers..

I think I will never forget how you guys supported me.....

Thank you again.

[echat11]

a visit is possible, maybe by bailiffs.

Bailiffs only have certain things they can do.

https://www.citizensadvice.org.uk/de...take/bailiffs/

[atticus]

Debt advisers:

Citizens Advice - https://www.citizensadvice.org.uk/debt-and-money/

Step Change - https://www.stepchange.org/