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dalesford

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  1. I believe CWD are still going after me because they know I have a house. What they should know is that it is in negative equity and a poor state of repair which means I cannot sell it. I have had it valued at 78k. I owe 83k on it. I have provided them with proof of this, but it is like they don't believe me or disregard it. I am a full time carer, do not have savings, nor assets, apart from a car that might be worth 200 quid which is transport for the person I care for. At the court directions hearing, where I have to represent myself, the judge said I can challenge jurisdiction if I so choose, but to take further advice, as there is a jurisdictional clause in the T and Cs (which, incidentally, I was never presented with when taking out the card). He said there were cases were matters had been heard in the UK courts that related to Australian Law, but not UAE on a civil matter. My question is: How can a UK court apply Sharia law? How can a UK court apply Terms and Conditions and working procedures in banking that would not stand up in a UK court? He then asked for a load of paperwork from the dubai bank, which they have 3 weeks to provide. CWD have already applied for Summary Judgement in advance of the final hearing. CWD say they wish to call on the expert advice of a Mr Mazem Boustany, should this go to trial at a cost of 20 grand; this is for an alleged debt of around 6 grand. I have challenged this on the basis that I cannot be sure of his impartiality, as most of his big clients are the big banks in Dubai. CWD sent someone to the court on their behalf, pro bono. He seemed quite sorry for me really and explained what was said in court at length afterwards and asked if I had means to pay or any assets. He seemed a bit confused as to why CWD are throwing so much at me when I have nothing to give. Advice?
  2. Hi, I also had Credit Shield on my account. I settled in full before leaving Dubai, but FGB refute this. They have also not replied or responded to any of my contact over the years. They also only seem interested in a lump sum, which I don't have - I'm a full time carer and have no assets, I struggle to pay my bills and rent, never mind a trumped up 'debt; - what's the worst they can do? I have nothing to lose! I go back to court soon. I shall report back on how it goes.
  3. Any news on the creation of the specific forum? Any news on your case? Are UK courts taking jurisdiction over these cases?
  4. Hi there, Quick update. I filed an acknowledgment of service document to the court, then filed a defence, the defence was not heard by the court as it was not submitted in the correct form. this enabled CWD to get a judgement in default. I asked for this to be set aside. I got it. CWD tried to claim around 4k for costs. Judge rejected it. Judge then gave us two weeks to submit new documents thats when I filed a new AoS, stating all of the reasons why it was unfair to hear this case in the UK court and how it prejudiced my case, as I was not able to adequately gain access to documents in the UAE (except without returning there and going to jail as an alleged debtor .... err, no thanks, I don't want to risk even the possibility of that, even though I don't owe anyone any money....) I didn't hear back from the court about contesting the jurisdiction so I will call this week and see what they say. I technically havent filed a defence yet, as it was not submitted to the court. The Claimant mentioned in the documents is the bank in the UAE, but one of their employees who responded to me AFTER CWD got involved (who now incidentally no longer works for the bank - sacked...?) stated that the debt had been ASSIGNED to CWD - in writing. I suspect that there is some sort of 50/50 deal going on here that is undisclosed and will push that any such is disclosed in court. I have also contacted the SRA to make a complaint in this respect and provided them with the evidence. I now have a Directions hearing in a couple of months. I need to do some more prep for this, but after I have spoken to a contact who works in international financial corporate law. I would be interested to hear how others are faring in court matters, but they dont seem to bother to post back.. . Any info appreciated. Thanks
  5. Hi Czar, I can see that you only have 8 posts, but I think you can eventually pm me your details should you wish to connect. I have to say I am slightly distrustful of online forums and would need to make sure that folk are who they say they are before divulging any details. However, yes, I agree in principle that we should all group together to employ some expert legal advice to fight this. I will let you know here when I have spoken to my contact. Would anyone else be interested in joining together to fight CWD?
  6. Hi All, I posted some time ago about getting a judgement in default set aside from CWD. I am due to go back to the court in a couple of months for a directions hearing. I have contested jurisdiction with the court, but didnt get anything back from them about this. I will check with the court tomorrow what they say about the jurisdiction and report back. My situation is much like mikey505, debt paid prior to leaving, plus some other complex issues. I have asked the bank to investigate - they didnt reply. CWD demand that all correspondance goes through them. So I give them all the details I have previously given the bank and they get back to me a cursory couple of days later to say 'their client' says they cant find my payment from 2009. Clearly they looked REALLLLLLY hard - and I am being sarcastic here! I find it amazing that CWD can say they have looked for my payment, yet over the years before this got to this stage, the bank in question couldnt even answer my emails or letters. The bank who allege I owe them money also contacted my previous employer on numerous occasions, demanding money was deducted form my salary at source. They also harassed me via social media - messages on Facebook and so on. I kept them by the way. I had to go and explain myself to my boss about the phone calls and faxes and he wasn't best pleased I have to say - they shouldn't even be discussing this private matter with my employer. This is despite, every time this happened, I contacted the bank, asking them if this was some sort of sick hoax and could they please get in touch with me. No one got in touch ever! I do believe we all need to get together and fight this. I have a meeting with an international lawyer a friend has put me in touch with shortly and will report back with any information I can glean - if anything. Has anyone else been to court yet or have any other news?
  7. Thanks but I've already got a set aside and I know how to proceed from here. It's not difficult. I posted more to help others.
  8. Hello, I can see that a lot of people here are awaiting information regarding the progress of cases through the courts regarding CWD. I can confirm that I have had a judgement in default set aside and that the poor young girl that CWD sent to the court was instructed to apply for costs (totalling around 3 grand), which the judge also declined. I didn't get a solicitor and instead represented myself. I am by no means clued-up in this respect, but a bit of research and advice helped get me through it. I will keep people updated as to what happens next. The judge has asked for: 'an amended defence within 14 days' and a 'Directions Questionnaire' to be completed by both parties by 10 December. I plan to seek advice on my next step, as I'm not sure what this means. Contest Jurisdiction as a first port of call, or file a defence - both of which I shall be doing myself as I cannot afford a solicitor. The UAE bank refuse to talk to me or respond to my letters and simply direct me to CWD as they have 'assigned the 'debt' to them'. I of course have copies of all correspondence sent to the bank in the UAE. Hardly helpful in resolving the matter... Also flies in the face of what CWD stated in their earlier letters to me about being solicitors and acting on behalf of the bank in' the old-fashioned sense'! Keep fighting this folks...!
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