Emirates NBD Dubai debt
#31
Up in the air
Joined: Oct 2004
Location: I'm global baby!!!!!!
Posts: 7,263
Re: Emirates NBD Dubai debt
Am laughing at all the legal advice being offered here by people who clearly know fvck all... Gotta love self qualified legal advisors.
A debt is a debt. They can enforce against you in UK to the extent they follow proper procedure (which I'm not about to go through here). A contractual obligation - i.e. your promise to repay the credit on demand (read your cc agreement) can be enforced against you in the UK, again to the extent proper procedure is followed.
The best advice you have received thus far is:
1. Don't ignore this;
2. Tackle this head on;
3. Establish the basis upon which they are saying you have to repay and they will enforce against you in the UK - i.e. get them to justify their case against you;
4. Speak to NBD and negotiate a settlement.
Good luck and sorry to hear your plight, albeit WTF were you thinking paying your rent on a CC??????
A debt is a debt. They can enforce against you in UK to the extent they follow proper procedure (which I'm not about to go through here). A contractual obligation - i.e. your promise to repay the credit on demand (read your cc agreement) can be enforced against you in the UK, again to the extent proper procedure is followed.
The best advice you have received thus far is:
1. Don't ignore this;
2. Tackle this head on;
3. Establish the basis upon which they are saying you have to repay and they will enforce against you in the UK - i.e. get them to justify their case against you;
4. Speak to NBD and negotiate a settlement.
Good luck and sorry to hear your plight, albeit WTF were you thinking paying your rent on a CC??????
Gotta love people that believe everything they read in Time Out and from google.......sigh
#32
You read these things?
Joined: Jun 2010
Posts: 1,261
Re: Emirates NBD Dubai debt
I think the crucial clause in that is this one:
the judgment is not for a liquidated sum of money. It should be noted that a
foreign judgment can only be enforced in England and Wales if it is finally
quantified
In Mishelle's case, they have continued to charge her penalties and interest etc without ever informing her - presumably the UK court would want to see a fixed sum if a case came before them?
the judgment is not for a liquidated sum of money. It should be noted that a
foreign judgment can only be enforced in England and Wales if it is finally
quantified
In Mishelle's case, they have continued to charge her penalties and interest etc without ever informing her - presumably the UK court would want to see a fixed sum if a case came before them?
#33
Up in the air
Joined: Oct 2004
Location: I'm global baby!!!!!!
Posts: 7,263
Re: Emirates NBD Dubai debt
Ok,
Let me clarify.. I have been through the entire process with many different Dubai based and UK based debt collection companies..
Im happy to provide the entire end-to-end email trail for anyone that wants it.
I would also like to pose a question to those people on here that seem to know everything:
If a UK based Debt collection company takes ownership of the debt, does this mean the debt no longer lies within UAE jurisdiction the bank?....and as such does this mean any police cases are null and void ?
Answers on a postcard plz...
Let me clarify.. I have been through the entire process with many different Dubai based and UK based debt collection companies..
Im happy to provide the entire end-to-end email trail for anyone that wants it.
I would also like to pose a question to those people on here that seem to know everything:
If a UK based Debt collection company takes ownership of the debt, does this mean the debt no longer lies within UAE jurisdiction the bank?....and as such does this mean any police cases are null and void ?
Answers on a postcard plz...
#34
Up in the air
Joined: Oct 2004
Location: I'm global baby!!!!!!
Posts: 7,263
Re: Emirates NBD Dubai debt
I think you're right. The impression I get from it all is that they can chase you up in the UK for the initial debt. Whether or not they can apply the charges as part of the owed amount will depends on whether the charge structure was clearly defined in the original contract – and most important of all – whether it was followed or changed after it was signed.
#35
Re: Emirates NBD Dubai debt
Ok,
Let me clarify.. I have been through the entire process with many different Dubai based and UK based debt collection companies..
Im happy to provide the entire end-to-end email trail for anyone that wants it.
I would also like to pose a question to those people on here that seem to know everything:
If a UK based Debt collection company takes ownership of the debt, does this mean the debt no longer lies within UAE jurisdiction the bank?....and as such does this mean any police cases are null and void ?
Answers on a postcard plz...
Let me clarify.. I have been through the entire process with many different Dubai based and UK based debt collection companies..
Im happy to provide the entire end-to-end email trail for anyone that wants it.
I would also like to pose a question to those people on here that seem to know everything:
If a UK based Debt collection company takes ownership of the debt, does this mean the debt no longer lies within UAE jurisdiction the bank?....and as such does this mean any police cases are null and void ?
Answers on a postcard plz...
#36
Re: Emirates NBD Dubai debt
Ok,
Let me clarify.. I have been through the entire process with many different Dubai based and UK based debt collection companies..
Im happy to provide the entire end-to-end email trail for anyone that wants it.
I would also like to pose a question to those people on here that seem to know everything:
If a UK based Debt collection company takes ownership of the debt, does this mean the debt no longer lies within UAE jurisdiction the bank?....and as such does this mean any police cases are null and void ?
Answers on a postcard plz...
Let me clarify.. I have been through the entire process with many different Dubai based and UK based debt collection companies..
Im happy to provide the entire end-to-end email trail for anyone that wants it.
I would also like to pose a question to those people on here that seem to know everything:
If a UK based Debt collection company takes ownership of the debt, does this mean the debt no longer lies within UAE jurisdiction the bank?....and as such does this mean any police cases are null and void ?
Answers on a postcard plz...
Common sense (What a word) would be that if the debt is sold and the bank have taken payment the case should be closed as they have been satisfied. Then you would have the grey area of a third party chasing you with no judgement?? So that must mean they have to keep the original judgement open?
The simple fact is all cases are different in how and if the bank wants to chase the debt. You need to separate what they are legally entitled to do and what they can be arsed to do.
#37
Re: Emirates NBD Dubai debt
So why do the banks charge a monthly amount for a "credit shield" which says it covers you for non payment of the debt. Surely that is their insurance in case you default? which means that they will get their money, so why would they continue to chase you for the debt?
#38
Re: Emirates NBD Dubai debt
I know that is wrong, they can get a Judgement in any country, You can find that on google.
Dubaiguy certainly doesn't need me to answer on his behalf, but on a Bored where people are on the whole anonymous - If someone who is not exactly a regular poster says something with some weight he may well know what he is talking about.
Edit- I would certainly take his advice.
Dubaiguy certainly doesn't need me to answer on his behalf, but on a Bored where people are on the whole anonymous - If someone who is not exactly a regular poster says something with some weight he may well know what he is talking about.
Edit- I would certainly take his advice.
Why on earth would you take the advice of someone who has hardly ever posted and about whom you know nothing over people who help regularly and are known? Makes no sense.
#40
Up in the air
Joined: Oct 2004
Location: I'm global baby!!!!!!
Posts: 7,263
Re: Emirates NBD Dubai debt
TBH I have no idea from the DXB side of things
#41
Re: Emirates NBD Dubai debt
So why do the banks charge a monthly amount for a "credit shield" which says it covers you for non payment of the debt. Surely that is their insurance in case you default? which means that they will get their money, so why would they continue to chase you for the debt?
Depends on the exact circumstances and terms and conditions. Credit shield has many 'get out' clauses and is designed to cover payments for a limited period only, usually if someone is not earning due to illness or redundancy, not repay the capital.
#42
Up in the air
Joined: Oct 2004
Location: I'm global baby!!!!!!
Posts: 7,263
Re: Emirates NBD Dubai debt
This is one of the ones I found
http://www.justanswer.com/uk-law/47w...dit-cards.html
I think Mishelle is on a sticky wicket.
Edit- Proves everyday is a school day. I initially thought it would not be possible to chase a debt in a foreign country as that is the general line taken by people caught up in 08/09. The banks seem to be sorting themselves out now and chasing the Tens/Hundreds? of millions owed to them by people that bailed out and left us in the brown stuff. FAir play I say if it brings the current rates down and improves their shite service.
http://www.justanswer.com/uk-law/47w...dit-cards.html
I think Mishelle is on a sticky wicket.
Edit- Proves everyday is a school day. I initially thought it would not be possible to chase a debt in a foreign country as that is the general line taken by people caught up in 08/09. The banks seem to be sorting themselves out now and chasing the Tens/Hundreds? of millions owed to them by people that bailed out and left us in the brown stuff. FAir play I say if it brings the current rates down and improves their shite service.
I have read the link, and the barrister bases his entire response on the following statement:
Jurisdiction to sue you in the UK may be given by the terms of the Credit Card agreement
#43
You read these things?
Joined: Jun 2010
Posts: 1,261
#44
Re: Emirates NBD Dubai debt
No he doesn't. That's point 4. That's you cherry picking a point to suit.
#45
Re: Emirates NBD Dubai debt
I refer back to my original post.
Happy to offer the advice as to the process as to how and in what circumstances foreign debt (which is debt assumed under a contract - what do you think the credit card / loan agreement t+c's are?) can be enforced (in the UK). PM me and I'll send you my hourly rates for the advice
Also happy to have an academic discussion over the enforcement of overseas judgments in UK courts. This doctrine and principle has existed for at least 100 years.