I have debt in Dubai, now living permanently in Scotalen and have received the below letter text – can they enforce in UK? specifically Scotland? Has anyone successfully defended a case like this? I’m sure there are many examples but I can’t find any positive or negative – any advice appreciated,
Indebtedness to First Gulf Bank
We act on behalf of First Gulf Bank, based in Abu Dhabi in the United Arab Emirates (“UAE”).
We have been instructed by our client to engage with you and to make arrangements for the repayment of your credit card debt to our client. We hope that you will engage with us for this purpose. If you do not, then we have instructions to commence legal proceedings against you which, regrettably but inevitably, will result in your liability increasing by reason of the contractual costs indemnity (“the Costs Indemnity”) which was agreed in writing with our client when you applied for (and obtained) your banking facilities.
In terms of prospective legal proceedings, please note that our client’s position is fully reserved in terms of the choice between:
(a) Debt recovery proceedings to be issued before Northampton (CCMCC) County Court; or
(b) Bankruptcy proceedings to be issued before the nearest County Court to your home with insolvency jurisdiction.
Regardless of the above choice of legal forum (and whilst stressing again that we hope court proceedings can be avoided through engagement and negotiation) we ought to clear up a common misconception which has arisen in the course of our debt recovery work for this client and for numerous other client banks operating within the UAE. Whilst the terms under which you are indebted to our client are governed by the laws of the UAE, our client is free to (and does) pursue legal proceedings in numerous jurisdictions around the world. An express term within the contractual terms and conditions to which you signed up and agreed states that no single court (whether in the UAE or elsewhere) has “exclusive” jurisdiction to determine these credit card debt claims. Based on expert evidence given on the applicable laws of the UAE by Baker & McKenzie Habib Al Mulla (leading lawyers in the UAE) we are currently securing an average of ten judgments each month before Northampton (CCMCC) County Court.
In relation to your indebtedness, we have satisfied ourselves that your liability to our client is immediately due and owing and, as such, legal proceedings can be commenced in the UK at any time. However, as we have stated, we hope that legal proceedings can be avoided and that, instead, you will engage with us and agree to the repayment of your liability. To this end, we are able to give you 21 days from the date of this letter to make proposals to repay your debt which currently stands at AED 156,096.99.
If the above indebtedness is paid in full to our client within 21 days, then no additional liability for our legal costs will arise under the Costs Indemnity. However, this concession will only be made available to you on these terms and for this period – so without operating in any way as a waiver to the terms of the Costs Indemnity.
Assuming a settlement agreement can be reached with you, please note that all settlement monies need to be paid into our client account giving the reference:
Beneficiary COYLE WHITE DEVINE LIMITED – Client Account
Bank LLOYDS BANK PLC
Branch GERRARDS CROSS
Address 33 PACKHORSE ROAD, GERRARDS CROSS,
BUCKINGHAMSHIRE SL9 8PF
Sort Code 30-13-30
Account No 14769868
Joanne Perry has been allocated to your account. Please make written repayment proposals to Miss Perry by no later than close of business on 23 October 2013. Miss Perry’s email address is set out above if email communications are more convenient for you.
We look forward to hearing from you.
Part of what you asking is a legal question and as such you may wish to speak to a solicitor or legal professional in your area.
A couple of questions.
Can you afford to set-up a repayment plan for the debt?
Do you have any other debts?
How long have you been out of Dubai and living in Scotland?
If this debt has been sold on to this firm they can collect it in accord with the laws in the UK, of which as of now, Scotland is still a part of.
I have not found any specific examples either, but the fact you are being contacted by a UK firm and not a firm from Dubai, causes me to think the debt may have been sold onto them. A collection firm or bank in Dubai, would have no authority to make threats, they could just attempt to collect the debt.
Let me know and we can look close at this.
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