IDR statutory demand served by process server for UAE debt

[Notalawyer]

I left UAE in 2017 and returned to the Uk after being made redundant and unable to pay an eye watering debt I took out.

It’s been a struggle to get a job that stuck.

Idr have pestered me throughout and I always told them I couldn’t afford to pay just yet which is true.

I have now received a SD.

What do I do and how do I respond.

I’m of retirement age and only just paid off the mortgage on the house I own with my wife.

We can’t lose that house!!

[dx100uk]

you wont lose your house, whatever gave you that idea........

anyone can download that form and send it..doesnt mean its not a fake threat.

IF IF IF they ever progress this to court is a totally diff matter.

you found the right forum here

i see you've not read any threads mind.

 

Programmable Search Engine

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clickme^^^

and keep reading up on other threads too.

tell us about the debts

and scan up everything to date both in/out to one mass pdf. read upload

we need your full comms history with them in whatever format.

and if you've moved around too.

did they use the guarantee cheques and then racked up the fake interest when they bounced...

dx

 

 

 

[Notalawyer]

I’ll get all the documentation. I was reading some threads before signing up but can’t find them after I signed up. Can you point me in direction of some. Thanks 

[honeybee13]

I imagine dx means threads in the Overseas Debt forum, where you're posting. Here's a link.

https://www.consumeractiongroup.co.uk/forum/191-overseas-debtoverseas-account-issues/

HB

[dx100uk]

use my clickme link above

already searched for you.

dx

 

[Notalawyer]

correspondence _UAE.pdf

 

@dx100uk Thanks, I am unable to click the link. but here is the full pdf of what I have been able to find. thanks

added the SD we received

Statutory Demand Under Insolvency Act 1986[56].pdf

[comebackjimmy]

Around about fifteen years ago 1st Credit was very busy sending out Statutory Demands.

This is potentially serious as you only have a limited time to reply (about eighteen days I think).  If you do not respond before that time has elapsed the creditor can then move to make you bankrupt.  But.....

1st Credit sent their SD's out second class post with no proof of service.  It costs nothing to print out an SD form and send it.

However, the Ministry of Justice took a dim view of 1st Credit using Court documents as a debt collection tactic.  The reason was that if you are serious about  issuing an SD then you would normally be expected to have it served in person.   1st Credit had no intention of paying around £700 per Creditor to start proceedings which, if successful would cost them more in Court fees and result in the Creditors assets being passed to a receiver who would (eventually) share them out at pennies in the pound to ALL creditors.

First ask yourself if this is a serious threat.  How did it arrive?   Was it normal post, recorded delivery, signed for or a personal service?

I ignored all the SD's I got from 1st Credit as I had no assets to protect.  However, you have a house and it is possible the Creditor has researched you and identified you may have assets.

So second, evaluate what the risk is of the Creditor moving to an Application for Bankruptcy.    I question who IDR is and if they actually own the debt, and if they do not then are they in a position to actually progress an Application for Bankruptcy.

I write the above not because I have any specific ideas of what to do next but to give other CAGers some further food for thought.  Having said that I think it important to understand if IDR can start proceedings and if so the SD should be responded to avoid a Court asking the awkward question of why it was not answered when or if the case does come up for a Hearing.

[Andyorch]

 

[comebackjimmy]

That is an excellent link andyorch, much more up to date than my experience.

Looks like the OP needs to respond in some way.

I am no expert but based on your link I would say an S78 is a good start.

I also wonder how an overseas debt can be enforced in a UK Court.  Wouldn't the original agreement be subject to the Laws of the Country in which it operated?

I am following as I am interested in learning more about this stuff.

[Andyorch]

They do issue and they do follow through :-

 

never treat it as a bluff

32 minutes ago, comebackjimmy said:

That is an excellent link andyorch, much more up to date than my experience.

Looks like the OP needs to respond in some way.

I am no expert but based on your link I would say an S78 is a good start.

I also wonder how an overseas debt can be enforced in a UK Court.  Wouldn't the original agreement be subject to the Laws of the Country in which it operated?

I am following as I am interested in learning more about this stuff.

Debt is a debt as far as SDs are concerned they don't need a judgment and they are not enforcing/executing a foreign judgment. In practice, statutory demands are served in respect of foreign unregistered judgment debts on a regular basis. Provided that the requirements set out in section 123 of the IA 1986 and the jurisdictional requirements are met, there is no reason why a creditor cannot proceed in this way as per the above linked topic.

 

 

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[dx100uk]

1 hour ago, comebackjimmy said:

I question who IDR is and if they actually own the debt, and if they do not then are they in a position to actually progress an Application for Bankruptcy.

IDR never buy these UAE debts.

they act for the original Bank as their client

though i will say that 9/10 when the bank are approached by the debtor, they always appear to know nothing about the SD nor the IDR had even sent one.....i'll let people relate that to your (and others here) 1st credit experience.

anyone can print that form out and sent it...

just remember the court are not involved unless the claimant (not IDR) progresses it to court after 18 or 21 days cant remember

there are lots of UAE IDR SD's threads here MOST turn out to be bluffs and go nowhere , though as @Andyorch points too, there have been some real ones. but again i will say, thats sometimes the fault of the receiver by actually engaging and to put it mildly touting/winding up everyone they can think of to write too.. sometimes its just better to keep quiet as long as the bank know and have been informed by the receiver of the SD their correct and current address.

just musings

dx

 

[dx100uk]

3 hours ago, Notalawyer said:

Thanks, I am unable to click the link.

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hold and click on the words 'programmable search engine' above^^^

[Notalawyer]

Thanks everyone. A very important info I missed out. The SD was personally handed to me by someone dressed similarly to law enforcement and recommended I get a lawyer after agreeing to the amount on the SD. 

[dx100uk]

right so it was served by a process server

you need to act on it.

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Form IAA: Apply to the court about an insolvency issue ('application notice') - GOV.UK

WWW.GOV.UK

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Use this 'application notice' for all applications to the court about insolvency, except when applying for an administration order, winding-up petition or...