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Coyle White Devine and Dubai Debt – a tricky one?

laminar asked:

Hi,

I’ve been a member for a few years and had success thanks to the forum in UK DCA issues (Robinson Way being the last- 3 letters, statute barred so not extremely complicated!).

However I have now for the first time had a UK company contacting me regarding a UAE credit card debt. Previously UAE based DCAs have approached over the years, which were duly ignored as they didnt have any jurisdiction or legal standing. CWD on the other hand, seem to think they do (or are just trying to make us think that they do). There have been quite a few posts on this forum about them, but unfortunately no-one has been able to report on what the result was with them, and if successful, how they dealt with it.

I have received two letters from them in the same envelope, which states that on one letter I owe around hundreds of thousands of pounds, and on the other letter its over half a million AED (circa £150,000) so not sure why the varying amounts considering they came together, and that I have 21 days to pay up otherwise they will go either to CCMCC or bankruptcy. (The credit card was only a few grand so those figures over 7 years of interest are astronomical)

I left the UAE and stopped paying in 2010 (and under UK law would be statute barred)I do not own property, nor live at the address the letters were posted to (but family do), nor have any assets. However, I was going to purchase property in the next few months, so avoidance of any defaults, CCJs, bankruptcy etc is extremely preferable as it could screw my mortgage approval and credit rating.

I am open to taking legal advice, however from looking at the forum, no-one can really recommend the correct course of action. This is making me wary of how to proceed in the first instance, and I would welcome the thoughts of anyone that has had dealings with them, or can recommend a solicitor success in dealing with this type of case?

Cheers

williams2583 replied:

cant offer specific advice, however i do know that with UAE debt the enforcement process takes an age and even then success is not guaranteed,so if a mortgage is on the cards i would start that process soon

Tiggy replied:

I understand this firm have been successful in winning these claims, I would strongly suggest you take legal advice.

laminar replied:

I am leaning in the direction of legal advice. I think first off is to write to them asking for all documentation proof to see what they have.

Any recommendations of solicitors specialising in this area?

Tiggy replied:

No sorry, I don’t know of any.

You could send them a pre action conduct letter

If you’ve received a Letter before Action (ie threatening a CCJ) you can respond using the County Courts Pre Action Conduct – Request for Further Information. If they commence proceedings against you without responding, in full, to your request, you can apply to the Courts to Stay the Claim until they do respond. Look at the link there’s a letter on here you can adapt and send.

viewtopic.php?f=5&t=85066&p=419344#p419344

laminar replied:

Thanks for the advice Tiggy- much appreciated! 🙂

williams2583 replied:

yes if nothing else will buy you time, as i have known these types of cases to go on for years before some conclusion.

Budwiser123 replied:

If you are a houseowner, then regard it as serious, they will use your home as collateral for the alleged debt.if cwd used a search company they will trace you and any assets major assets, ie, a house.If you dont own a house, ignore the letters, scare tactics.if you use a solicitor to ask for proof of debt, there is a chance a UK court could accept you’ve accepted that alleged debt and under UAE laws the 15 years opens up again.

laminar replied:

Tiggy- if I go the route of sending a Pre Action Conduct letter (I’ve looked at the post you linked with it) will that apply since they are touting they are governed by the laws of the UAE? There’s a lot of reference in the template to UK laws.

Budwiser123- From what you have said it looks like there’s a risk of inadvertently making myself liable to the debt by getting a solicitor involved?

Also, as the amounts they are talking about are over £100,000 does this mean it has to go to the High Court and that means they have to pay thousands of pounds upfront to submit the case- if so would they really risk it as its a low likelihood of getting anything out of me?

Tiggy replied:

If they want to bring an action against you in the UK Courts they have to follow the Civil Procedure Rules of the UK Courts.

You will have to strip out anything relating to UK legislation but they still have to follow the basic Pre Action Conduct procedure or they risk you applying for the claim to be stayed for non compliance.

MontyPutron replied:

Hi all

any updates on this? How did you resolve it? I am facing something similar and would love to know how this progresses.

Kind regards

Monty

laminar replied:

Nothing new to add at the moment, still considering options..

Anyone else on the forum had any success with them yet?

MontyPutron replied:

Hi Laminar

surely time is up on their SD. Did they proceed?

Best regards

Monty