Dubai Debt Chase

Just_trying_to_live

Hi all, sorry you've probably come across this more than a few times already (which means you're all experts now :-)), but i need some advice please.

I left Dubai in March 2012 with some debt (HSBC). This was mostly due to taking a loan to buy and flip a property which went south. I was recently contacted by phone (at work) by a dept collection agency (Tahseel) chasing and requesting to clear the debt. I have been emailing back and forth (which probably wasn't the best idea in hindsight) and initially said i can pay a small affordable amount of £100 a month, i haven't made the payment yet (2 months) to get him to leave me alone and now he persistently calls me and my colleagues at work and is demanding i take a loan to pay the whole amount back and to make an offer. I sent an email back to him just now saying i am seeking legal advice. My questions are can i get away with paying just £100 a month? Do i have to pay the debt collection agency or should i contact and the bank directly? I'm assuming that as i have communicated with him via email i will now have to pay an amount a month?

Thanks in advance for your advice :-)

sourcrates

Hi,
So is this a foreign DCA attempting to collect on this debt, or UK based ?
How much do you owe ?

You can't be held legally liable for any verbal agreement, nor do emails count either, only offers in writing.

Just_trying_to_live

Thanks, it's great to know that i cannot be held legally liable for verbal or written comms. It is a foreign DCA called Tahseel based in Sharjah (emirate next to Dubai) acting on behalf of HSBC Dubai. I owe AED 174,500.

How do i get him to stop calling? I know i won't be able to travel to Arab Countries but can they assign a UK agency to collect?

Thanks again.

sourcrates

If dubai has a reciprocal agreement with the UK, and they obtain some kind of court judgement against you there, the creditor could apply to have the court order enforced in this country, using this country's legal system.

I am no expert, and am unsure if such an agreement exists, you would be better served asking on a dedicated legal forum such as this one :

http://www.legalbeagles.info

As regards the phone calls, can you not block there number ? Most mobiles, and landline phones have this function.

Just_trying_to_live

thanks for your help, its greatly appreciated

twiggy86

I'm a trainee solicitor and generally verbal and email correspondence/agreements do count and are legally binding. However, I can't say if this is the same for debt arrangements but just wanted to make sure you check this is correct (sorry to doubt you sourcrates!).

sourcrates

twiggy86 wrote: »

I'm a trainee solicitor and generally verbal and email correspondence/agreements do count and are legally binding. However, I can't say if this is the same for debt arrangements but just wanted to make sure you check this is correct (sorry to doubt you sourcrates!).

I am looking at it from the perspective that a debt can only be acknowledged in writing, such as with a statute barred debt, phone conversations don't count towards acknowledgement, anything informally agreed verbally, does not count either, email is possibly a gray area, but in this case a DCA can't hold you to account for anything you say to them, as it's only an informal arangement anyway, there is no contract as such between them.

Just_trying_to_live

thanks Twiggy86 and Sourcrates. The collections agenct is now emailing and expecting me to make him an offer for a one off payment to clear the debt. If i say i can only afford £100 until a find an alternative solution can he refuse that and take action against me?

fatbelly

So about £30000.

There is no reciprocal agreement so the situation here is similar to the USA debt we had here a few days back

Someone posted this

http://www.drukker.co.uk/publications/reference/recognition-foreign-judgments/#.VT-3jZV0zIV

They can enforce the debt here but it's not easy.

sourcrates

fatbelly wrote: »

So about £30000.

There is no reciprocal agreement so the situation here is similar to the USA debt we had here a few days back

Someone posted this

http://www.drukker.co.uk/publications/reference/recognition-foreign-judgments/#.VT-3jZV0zIV

They can enforce the debt here but it's not easy.

So basically you could ignore unless/until you hear differently from an English court !!!!!!

Just_trying_to_live

Thanks fatbelly and sourcrates. It's ridiculous he is calling my on my work mobile at 6am! He said he will not accept my offer of £100 a month and wants full payment. In order to cover myself in case it arrives in the UK and so i can say that i offered a solution but they didn't accept it etc, is it a good idea to email him and say this is my offer until i find an alternative solution, if you accept it we can move forward if not leave me alone?