Statute Barred Debt? Advice Needed

rog2

wonk wrote: »

Is the general consensus still that the debt is unenforcible in the UK?

Certainly, in my opinion, the debt will be 'unenforceable through the Courts' in the UK.

Do NOT phone Oriel - they are extremely well trained in the art of 'twisting' your words in order to get you to 'admit' the debt and make payments.

marmaduck

I'm in exactly the same situation with the same letter recieved from oriel last week, my debt would not not be covered under the limitations act however.
I've replied by email and registered post with the following
i/ I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

ii/ In order for a creditor to take enforcement action regarding overseas debt, there must be a reciprocal agreement between the two countries. There is no such agreement between UAE and the UK.

iii/ I would be grateful if you could provide me with a signed copy of the UAE equivalent of the CCA documentation (in English) that says you can pursue international debt through a UK Court.

iv/ I am of the opinion that any continued pursuit is in violation of the “Administration of Justice Act 1970” “section 40” as well as breaching a number of the OFT Collection Guidelines to whom I am considering making a formal complaint.

i added the ast bit after the DCA rang my parents neighbours the day after they forwarded the letter on to me.

Any more advice?????

marmaduck

recieved the following email back from Oriel today,

After further discussion with Mashreq Bank I can confirm this debt is not to be pursued through UK Courts. Please be aware that further action could be taken in UAE resulting in travel restrictions and a warrant for arrest being issued.
If you wish to offer a settlement on this debt, this should be arranged through Oriel. If you are refusing to repay the outstanding amount I will refer the case back to Mashreq to be pursued in UAE.

it pains me that I wont be able to revisit Dubai after living there on and off for 11 years and I hope that one day that I can afford to pay off this debt but the ones in the Uk take priority and in a year my head will finally be above water, thanks for the help and above all the confidence to reply to the DCA as I did

rog2

marmaduck wrote: »

recieved the following email back from Oriel today,

After further discussion with Mashreq Bank I can confirm this debt is not to be pursued through UK Courts. Please be aware that further action could be taken in UAE resulting in travel restrictions and a warrant for arrest being issued.
If you wish to offer a settlement on this debt, this should be arranged through Oriel. If you are refusing to repay the outstanding amount I will refer the case back to Mashreq to be pursued in UAE.

it pains me that I wont be able to revisit Dubai after living there on and off for 11 years and I hope that one day that I can afford to pay off this debt but the ones in the Uk take priority and in a year my head will finally be above water, thanks for the help and above all the confidence to reply to the DCA as I did

The email confirms what we have been saying. Well done on 'challenging' their right, or ability, to 'collect' against this unenforceable debt. :T

IF you are ever in a position, or even wish to, make a Full And Final Settlement Offer, I would advise, strongly, against making it through Oriel - they are trying to 'salvage' something out of the mess that they have gotten themselves into.

wonk

It's been a while since my first post, and since then I've now received about six letters (one to my Mother's house). Each says I've got seven days before they take further action.

The last one uses terms like 'consider passing your account to doorstep collections partner' and 'may involve a visit to your premesis without recourse to yourselves.'

I can't decide whether to just keep ignoring these letters or whether to follow a similar approach to marmaduck and send then essentialy the same letter.

Any advice would be much appreciated. I assume they can't just send doorstep debt collectors?

Thanks

wonk

Hmm.. just picked up another copy of the same letter at my mum's house. I'm a little concerned that somebody may turn up at her house. Obviously they wouldn't be able to do anything, but she's a worrier and this wouldn't help.

What do you think the chances of anyone actually turning up are? I'm fairly sure I can just tell them to politely 'go away', right?

I was rather hoping the DCA would just give up, but they seem pretty determined.

Any advice?
Thanks

the_tin_can

hello, my first post and all that.

sorry to dredge this thread up but I have an issue with Oriel and a lingering debt in dubai. Having lost my job in Dubai, i tried to hang on in there and paid just about everything I had to service the loan but not being able to find a new job in Dubai, and with increasing threats of police action/passport confiscation/jail etc I had no option other than leave Dubai.

For those inexperienced in Dubai, the banks are not interested in negotiating reduced payments,its pay up or we'll take action and at any time that can involve the police (which means immediate jail time) hence having to get out of the country ahead of such action.

I am back in the UK and completely skint, so even if i wanted to pay it, I wouldn't be able to immediately. Oriel keep calling and won't listen to me and take my circumstances into account. They are also calling my wife who is unnconnected with the debt.

They claim - although I don't believe them - that Citibank can mount a claim against me in the UK and could make me bankrupt etc.

May I ask for advice on what to do next? Should I send an email & recorded delivery letter as per previous poster marmaduck? Any assistance greatly appreciated.

TC.

DVardysShadow

Hmm. Interesting issue.

I think harassment would be the line I would use to combat this. if the debt is unenforceable in the UK, it is certainly unacceptable for a UK company to go down the repeated phone call route.

fermi

diamond76 wrote: »

Helllo Rog 2/ or anyone that can help??? - i know this forum is a few years old but wondered if you could help me? I have started receiving letters from CCI legal about a dubai debt

I'll move this to a separate thread so it's easy for people to see what you need help with.

Click ----> https://forums.moneysavingexpert.com/discussion/3625183