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  • FIRST POST
    • garytryingtosave123
    • By garytryingtosave123 14th Feb 17, 8:25 AM
    • 7Posts
    • 3Thanks
    garytryingtosave123
    Credit Card Debt from the UAE
    • #1
    • 14th Feb 17, 8:25 AM
    Credit Card Debt from the UAE 14th Feb 17 at 8:25 AM
    Hi All,

    I worked in the United Arab Emirates in 2007 - 2008 and due to being made redundant i had to use my UAE credit cards to get my wife and children back to the UK.

    I didn't hear anything regarding the credit card debt until last week when a UK Solicitor contacted me to say that they are taking me to court and filling for bankruptcy.

    They say that the Limitations Act 1980 does not apply because the debt is from the UAE.

    Having spoken to CAB and National Debtline they say this is a grey area in UK law and more and more people are being prosecuted.

    I have also been made aware that if you are made bankrupt in the UK this does not wipe your debt in the UAE. If you return to the UAE you would still be arrested for leaving the debt and thrown in jail.

    Are there any specialist UK Solicitors that can help with this matter?
Page 2
    • chattychappy
    • By chattychappy 23rd Jan 18, 10:56 PM
    • 6,902 Posts
    • 3,757 Thanks
    chattychappy
    With increased globalisation and people travelling, I think it is good for all of us if you can't avoid debts simply by skipping the jurisdiction. Obviously there needs to be some safeguards, but if the question is why should a foreign debt be enforceable here, my question is why shouldn't it be? If it was impossible to enforce debts overseas, then travel and crossborder business could become more difficult.

    I'm rusty in this area of law, but the general principle is that it is for the foreign court to adjudicate on the facts of the matter and come to a judgment. Once the judgment is given then application can be made to UK courts to enforce here. The procedure and the extent to which UK courts might look into the matter depends on the countries involved, but it is most automatic in the case of other EU countries and countries with similar legal systems to ours (eg commonwealth countries).
    • JGUK
    • By JGUK 24th Jan 18, 12:18 AM
    • 152 Posts
    • 22 Thanks
    JGUK
    Oh I agree, you should pay your debts no matter where they are in the world as long as they are fairly accounted for and due process is followed.

    I'm just wondering on the technicalities?

    Maybe a UK company bought the debt I'm guessing as a UAE company can't directly enforce a debt here, can it?
    Thanks
    JG
    • SPalin
    • By SPalin 24th Jan 18, 10:52 AM
    • 171 Posts
    • 43 Thanks
    SPalin
    Easily, foreign debts are enforceable in the uk.
    Originally posted by tastyhog
    Given that the 'UK' has 3 distinct jurisdictions, such a blanket statement is unreliable.

    As per my previous comment in this thread, I would have question the competence of non-UAE court to accept jurisdiction.
    • chattychappy
    • By chattychappy 24th Jan 18, 11:08 AM
    • 6,902 Posts
    • 3,757 Thanks
    chattychappy
    Given that the 'UK' has 3 distinct jurisdictions, such a blanket statement is unreliable.
    Originally posted by SPalin
    Not really if it's true.

    As per my previous comment in this thread, I would have question the competence of non-UAE court to accept jurisdiction.
    Originally posted by SPalin
    Depends what you mean by "accept jurisdiction".

    There are two separate parts. One is who has the jurisdiction to decide the case. The other is who is able to enforce a judgment. Generally a UK court would not get involved in deciding a civil matter in the UAE. (Though the parties are still free to agree that a English courts can have jurisdiction.) Enforcement of a judgment is a different matter.

    The willingness of a court to enforce another jurisdiction's judgment comes down to the countried concerned and whether the situation is covered by a treaty. Some useful information here: https://www.out-law.com/topics/dispute-resolution-and-litigation/enforcement/enforcing-foreign-judgments-in-england-and-wales/
    • SPalin
    • By SPalin 24th Jan 18, 5:21 PM
    • 171 Posts
    • 43 Thanks
    SPalin
    Not really if it's true.



    Depends what you mean by "accept jurisdiction".

    There are two separate parts. One is who has the jurisdiction to decide the case. The other is who is able to enforce a judgment. Generally a UK court would not get involved in deciding a civil matter in the UAE. (Though the parties are still free to agree that a English courts can have jurisdiction.) Enforcement of a judgment is a different matter.

    The willingness of a court to enforce another jurisdiction's judgment comes down to the countried concerned and whether the situation is covered by a treaty. Some useful information here: https://www.out-law.com/topics/dispute-resolution-and-litigation/enforcement/enforcing-foreign-judgments-in-england-and-wales/
    Originally posted by chattychappy
    There is only a 1 'UK Court' and it is the UK Supreme Court.

    The remainder are English/Welsh, Scottish or Northern Irish - i.e. 3 jurisdictions.

    The local court can dismiss both proceedings and enforcement, if it views the case as incompetent for want of jurisdiction.
    • christopher wilson
    • By christopher wilson 18th Mar 18, 4:03 PM
    • 1 Posts
    • 1 Thanks
    christopher wilson
    Dont fall for it
    There is no legal way to enforce payment in the UK for a debt from the UAE.

    1. The debt collectors (some masquerading as solicitors) may buy or take the debt on a percentage of settlement basis with the bank. But they cannot enforce a credit agreement from the UAE in the UK. The courts will not accept it and their website claims that they are having judgments at the rate of 25 to 30 a month are bogus.
    2. Have nothing to do with the collections agents. Do not respond do not call, do not write and most especially do not agree to any form of discussion with regards to a repayment arrangement.
    3. If you are truly stressed by the harassment, you can write a cease and desist letter. Do Not sign it.
    4. There is a good cease and desist template available free of charge on the "the Balance" website. The balance.com


    4. You will not be troubled afterwards.
    • PaulW922
    • By PaulW922 18th Mar 18, 4:38 PM
    • 800 Posts
    • 309 Thanks
    PaulW922
    I am sorry but this is not correct and the poster's story demonstrates that. UAE courts have no jurisdiction in the UK themselves but it is perfectly possible for a creditor in one country to ask for their judgement to be enforced in another. The OP is not too clear about what happened but they do not appear to have disputed the debt, but simply tried to use the Limitation Act to get out of it.

    Even if this were a UK debt it does not automatically follow that once the transaction is six years old it is unenforceable in court. The six year clock can be reset for any number of reasons.

    I am sorry the poster feels that they have been treated unfairly but I do not see that they have too much of a case - they ran up a debt, deliberately skipped (for the very best of reasons as you can be prevented from leaving the UAE if you have unpaid bills and I may have done exactly the same) and then claim that it is effectively a violation of their rights or the sovereignty of the courts to have the debt enforced. The poster has also not responded to questions about advice they received and action they took, and I think it is probably best for the rest of us not to rush to judgment or make sweeping statements about what people should or should not do without being fully in the picture or competent to comment on a quite unusual situation.
    • Rewca
    • By Rewca 4th Jul 18, 6:44 PM
    • 1 Posts
    • 0 Thanks
    Rewca
    Michael
    Hi, What was the outcome with CWD, I am in a similar situation and have been made bankrupt 18 July 2018, I have met with the official receiver and I did not realise how simple a process it is to have someone made bankrupt,

    Michael
    • Timberflake1983
    • By Timberflake1983 5th Jul 18, 10:18 AM
    • 33 Posts
    • 8 Thanks
    Timberflake1983
    The original debt in 2008 was just over 5000, they are now trying to say that I owe over 60,000.
    Originally posted by garytryingtosave123
    *trying* haha. That's what happens when you don't pay your debts!
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