Cwd I have had a judgement in default set aside

[unclebulgaria67]

The worst is that judgement is entered against you and that you have to ask to pay what you can afford per month.

 

If there is an outstanding dispute going on in Dubai,

you should explain this to the court and suggest that a UK court should not be involved until the Dubai dispute is resolved.

 

Explain that FGB have not explained why there is an outstanding amount,

when you have made a full settlement payment before leaving Dubai.

Also a claim was made against the Credit Shield Insurance, which was sold with the account.

 

Edit- Have you asked the claimant for full disclosure of all accounts and communications,

so the court can be informed of all relevant facts.

[dalesford]

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?

[unclebulgaria67]

They are using you as an example, so they can go after others.

If they win against you, after spending a load of money, they would hope to get it back off other people.

 

If CWD are looking to make money from a contract with Dubai Banks, they may be sharing costs and profits with them.

If they were doing this, then they would have to be careful, as the SRA have previously taken action in a case

where a Solicitor did not disclose to the court that they would make a financial gain in addition to their standard legal costs.

I believe there are rules requiring this disclosure.

 

The Dubai Bank are not going to be a priority debt in the event of you being made bankrupt.

The mortgage would get paid first.

Therefore I doubt they would go for bankruptcy.

 

 

I suspect that if you did not start paying the judgement,

they would obtain a charging order on the property,

which would enable them to be repaid the debt when you sold the house.

They would obviously hope that the house would go up in value.

[Caszar]

Dalesford please get in touch with us,