Emirates NBD Dubai debt
Sep 27th 2012, 10:02 am
#46
Up in the air
Joined: Oct 2004
Location: I'm global baby!!!!!!
Posts: 7,263
Re: Emirates NBD Dubai debt
I would be interested to hear from an expert in common law who can clarify how this can be enforced consider no contract was entered into under UK Common Law jurisdiction ??
Failing that, If anyone knows someone in the UK that was successfully pursued for money..... please get them to post here so we can put this to bed.
Sep 27th 2012, 10:02 am
#47
Nothing doin' here
Joined: Sep 2008
Posts: 3,508
Re: Emirates NBD Dubai debt
The above post is contradictory.
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.
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.
Sep 27th 2012, 10:14 am
#48
Up in the air
Joined: Oct 2004
Location: I'm global baby!!!!!!
Posts: 7,263
Re: Emirates NBD Dubai debt
Can you not provide the information here, Im sure it will be a great help to many people here.
Sep 27th 2012, 10:48 am
#50
Bored liberal
Joined: Feb 2007
Location: Over there ----->
Posts: 13,713
Re: Emirates NBD Dubai debt
1. I don't sit here waiting with bated breath for your every post.
2. Your rudeness is uncalled for.
3. Being a doorman on this site has completely gone to your head.
4. You may want to learn about writing grammatically.
2. Your rudeness is uncalled for.
3. Being a doorman on this site has completely gone to your head.
4. You may want to learn about writing grammatically.
Sep 27th 2012, 10:51 am
#51
Hit 16's
Joined: Mar 2010
Location: Of all the gin joints, in all the towns, in all the world, she walks into mine
Posts: 13,112
Re: Emirates NBD Dubai debt
First, many on here (not yourself, I think) are confusing a debt with a judgment. As far as I'm aware (and I'm happy to be proved wrong) a debt itself is not enforceable in UK if incurred in a foreign jurisdiction. (Two points to be noted here. First, we'll take UK as meaning the law of England & Wales. Second, we'll discount debt incurred (and judgments made) in European countries or any countries which are signatories to the Lugano Convention.) There may be certain caveats to that, but none is applicable in the circumstances under discussion.
The Civil Procedure Rules 1998 (SI1998/3132), s74 (as inserted by SI2002/2058, r29(a), sch 8) Section I applies to the enforcement in England & Wales of judgments of foreign courts. Those Rules set out the procedures, with particular emphasis on requirements to be met.
Case law is also relevant. The leading case is Jimmy Wayne Adams and others v Cape Industries pIc and Capasco Limited [1990] 2 WLR 657, where the court refused to enforce the judgment because, inter alia, the defendants were not present in the country of the foreign court when the proceedings were commenced. I believe that ratio is relevant in many of the instances arising in the UAE.
Over to you
Sep 27th 2012, 10:56 am
#52
Up in the air
Joined: Oct 2004
Location: I'm global baby!!!!!!
Posts: 7,263
Re: Emirates NBD Dubai debt
OK.
First, many on here (not yourself, I think) are confusing a debt with a judgment. As far as I'm aware (and I'm happy to be proved wrong) a debt itself is not enforceable in UK if incurred in a foreign jurisdiction. (Two points to be noted here. First, we'll take UK as meaning the law of England & Wales. Second, we'll discount debt incurred (and judgments made) in European countries or any countries which are signatories to the Lugano Convention.) There may be certain caveats to that, but none is applicable in the circumstances under discussion.
The Civil Procedure Rules 1998 (SI1998/3132), s74 (as inserted by SI2002/2058, r29(a), sch 8) Section I applies to the enforcement in England & Wales of judgments of foreign courts. Those Rules set out the procedures, with particular emphasis on requirements to be met.
Case law is also relevant. The leading case is Jimmy Wayne Adams and others v Cape Industries pIc and Capasco Limited [1990] 2 WLR 657, where the court refused to enforce the judgment because, inter alia, the defendants were not present in the country of the foreign court when the proceedings were commenced. I believe that ratio is relevant in many of the instances arising in the UAE.
Over to you
First, many on here (not yourself, I think) are confusing a debt with a judgment. As far as I'm aware (and I'm happy to be proved wrong) a debt itself is not enforceable in UK if incurred in a foreign jurisdiction. (Two points to be noted here. First, we'll take UK as meaning the law of England & Wales. Second, we'll discount debt incurred (and judgments made) in European countries or any countries which are signatories to the Lugano Convention.) There may be certain caveats to that, but none is applicable in the circumstances under discussion.
The Civil Procedure Rules 1998 (SI1998/3132), s74 (as inserted by SI2002/2058, r29(a), sch 8) Section I applies to the enforcement in England & Wales of judgments of foreign courts. Those Rules set out the procedures, with particular emphasis on requirements to be met.
Case law is also relevant. The leading case is Jimmy Wayne Adams and others v Cape Industries pIc and Capasco Limited [1990] 2 WLR 657, where the court refused to enforce the judgment because, inter alia, the defendants were not present in the country of the foreign court when the proceedings were commenced. I believe that ratio is relevant in many of the instances arising in the UAE.
Over to you
Sep 27th 2012, 11:01 am
#53
Shark Fisherman
Joined: Feb 2012
Location: Doha
Posts: 4,568
Re: Emirates NBD Dubai debt
1. I don't sit here waiting with bated breath for your every post.
2. Your rudeness is uncalled for. That was not rude - You posted elsewhere you was not that busy
3. Being a doorman on this site has completely gone to your head. Now you are acting like a child, I thought more of you to be honest.
4. You may want to learn about writing grammatically. See Above
2. Your rudeness is uncalled for. That was not rude - You posted elsewhere you was not that busy
3. Being a doorman on this site has completely gone to your head. Now you are acting like a child, I thought more of you to be honest.
4. You may want to learn about writing grammatically. See Above
Last edited by britexpat76; Sep 27th 2012 at 11:04 am.
Sep 27th 2012, 11:06 am
#54
Knee deep and rising
Joined: Sep 2011
Posts: 3,007
Re: Emirates NBD Dubai debt
^^ Out of interest what does a concierge on BE do? Just curious.
Sep 27th 2012, 11:09 am
#56
Up in the air
Joined: Oct 2004
Location: I'm global baby!!!!!!
Posts: 7,263
Re: Emirates NBD Dubai debt
....plus she has spent the last 5 years on this forum giving her time and advice for free to people in similar situations.
Last edited by Jammy_Dodgers; Sep 27th 2012 at 11:18 am.
Sep 27th 2012, 11:12 am
#57
Big Member
Joined: Jul 2005
Posts: 3,889
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??????
Sep 27th 2012, 11:17 am
#60
BE Enthusiast
Joined: Jul 2012
Location: No longer in Dohell. Thank fvck.
Posts: 359
Re: Emirates NBD Dubai debt
OK.
First, many on here (not yourself, I think) are confusing a debt with a judgment. As far as I'm aware (and I'm happy to be proved wrong) a debt itself is not enforceable in UK if incurred in a foreign jurisdiction. (Two points to be noted here. First, we'll take UK as meaning the law of England & Wales. Second, we'll discount debt incurred (and judgments made) in European countries or any countries which are signatories to the Lugano Convention.) There may be certain caveats to that, but none is applicable in the circumstances under discussion.
The Civil Procedure Rules 1998 (SI1998/3132), s74 (as inserted by SI2002/2058, r29(a), sch 8) Section I applies to the enforcement in England & Wales of judgments of foreign courts. Those Rules set out the procedures, with particular emphasis on requirements to be met.
Case law is also relevant. The leading case is Jimmy Wayne Adams and others v Cape Industries pIc and Capasco Limited [1990] 2 WLR 657, where the court refused to enforce the judgment because, inter alia, the defendants were not present in the country of the foreign court when the proceedings were commenced. I believe that ratio is relevant in many of the instances arising in the UAE.
Over to you
First, many on here (not yourself, I think) are confusing a debt with a judgment. As far as I'm aware (and I'm happy to be proved wrong) a debt itself is not enforceable in UK if incurred in a foreign jurisdiction. (Two points to be noted here. First, we'll take UK as meaning the law of England & Wales. Second, we'll discount debt incurred (and judgments made) in European countries or any countries which are signatories to the Lugano Convention.) There may be certain caveats to that, but none is applicable in the circumstances under discussion.
The Civil Procedure Rules 1998 (SI1998/3132), s74 (as inserted by SI2002/2058, r29(a), sch 8) Section I applies to the enforcement in England & Wales of judgments of foreign courts. Those Rules set out the procedures, with particular emphasis on requirements to be met.
Case law is also relevant. The leading case is Jimmy Wayne Adams and others v Cape Industries pIc and Capasco Limited [1990] 2 WLR 657, where the court refused to enforce the judgment because, inter alia, the defendants were not present in the country of the foreign court when the proceedings were commenced. I believe that ratio is relevant in many of the instances arising in the UAE.
Over to you
Ignoring the "over to you" nonsense, what you missed in the above post is confirming the principle that a foreign debt can be recovered in the UK, to the extent the proper procedure has been followed. Note this is a laborious, time consuming and expensive process. I revert back to my original point 3 therefore which was asking the debt company to establish the basis upon which they were basing their claim.
If the collection agency can demonstrate that there is a judgment in the UAE against the individual which has been ratified in the UK - i.e. there is an order of enforcement issued by the UK courts (I am using layman's terms rather than being a pretentious tvvat like some others), then they have a basis for their claim. I do however support some of the others who suggest the collection agencies claims may be all bluster which is again why I suggested tackling this head on.
There are numerous comments here relating to the enforceability of a debt once it has been factored (i.e. sold). This is an entirely different matter subject to a raft of considerations. I suspect what has happened in this case is that a UK credit collection agency has agreed to pursue the matter on behalf of NBD (in return for a fee which is generally related to a % of the amount recovered), rather than having bought the debt. I am not aware of any debt factoring arrangements having being entered into by UAE retail banks (but this doesn't mean that it hasn't happened). UAE banks are 2000 years behind the rest of the world remember....