Road rules9 mins ago
Overseas creditor pursues me in England.
10 Answers
I lived in Dubai for 18 months. While there I took out a loan intending to repay it monthly over five years even when back in England. However, when the bank found out I had left the country, they closed my account, and have now sent a credit agent to pursue me for the entire debt. They threaten me with all sorts of things; what rights do I have. Can foreign creditors take me to an English court?
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Im not 100% sure, but I very much doubt they will be able to take you to an English court as you didnt take out the loan in the UK.
They can still however pursue you for the debt if it is still outstanding, wherever you are living.
Was it a bank in Dubai that also have branches or ties to the UK?
Have you agreed to repay the loan or at least come to an agreement to repay?
They can still however pursue you for the debt if it is still outstanding, wherever you are living.
Was it a bank in Dubai that also have branches or ties to the UK?
Have you agreed to repay the loan or at least come to an agreement to repay?
I asked them if I could continue paying back in England they told me no and when I returned to England I found my account closed. When I first took out the loan they took around 500 pounds insurance from me to cover them selves in case I didn't pay.
Once they stopped my account I had no further contact with them.Two weeks ago I received my first threatening letter from the bailiffs. They demanded the full amount.
Once they stopped my account I had no further contact with them.Two weeks ago I received my first threatening letter from the bailiffs. They demanded the full amount.
You'll need to check the terms and conditions relating to the loan. If the terms and conditions had a requirement about residency then I doubt you can do anything about it and you will need to repay in full now the balance of the money you borrowed. But if you don't have the cash to repay the loan in full now why can't you just take out another loan to fund the full repayment of the balance. That will put you in the same position as before- and you might even find you can get better terms on the loan.
As a matter of general interest about jurisdiction:
The English courts will hear a claim about a contract, such as a loan, entered into abroad if 1) There is a term in the contract which states that English courts are to have jurisdiction. Such a term is often inserted for the convenience of the parties and to avoid problems arising over the following point
which is 2) "the proper law of the contract is English law" AND the appropriate court is English.That's a matter of circumstances. Viewing it with as much common sense as any court can muster (in whatever country the court is) the court may hold either that the parties intended the case to be heard in England or that the case has such an English element that the fair course is for the case to be decided in England.The lay public only hear of such arguments when pop stars get divorced and squabble over whether, for example, a Californian court or an English one should hear and decide who gets what of the money and other assets but in business this question has a practical aspect when you have international trade involving e.g a British company dealing with a foreign company in goods or services in yet some other country .(You can get cases where the appropriate court is English but it is to apply foreign law (or vice versa) but here is not the place to discuss that !)
The third possibility is for a foreign court to hear a case, even in the absence of one party if that party has notice, and enter judgment and the judgment to be enforceable in an English court.That is subject to international agreements between countries and, in any case,normally only applies where the judgment is for a very substantial sum
The English courts will hear a claim about a contract, such as a loan, entered into abroad if 1) There is a term in the contract which states that English courts are to have jurisdiction. Such a term is often inserted for the convenience of the parties and to avoid problems arising over the following point
which is 2) "the proper law of the contract is English law" AND the appropriate court is English.That's a matter of circumstances. Viewing it with as much common sense as any court can muster (in whatever country the court is) the court may hold either that the parties intended the case to be heard in England or that the case has such an English element that the fair course is for the case to be decided in England.The lay public only hear of such arguments when pop stars get divorced and squabble over whether, for example, a Californian court or an English one should hear and decide who gets what of the money and other assets but in business this question has a practical aspect when you have international trade involving e.g a British company dealing with a foreign company in goods or services in yet some other country .(You can get cases where the appropriate court is English but it is to apply foreign law (or vice versa) but here is not the place to discuss that !)
The third possibility is for a foreign court to hear a case, even in the absence of one party if that party has notice, and enter judgment and the judgment to be enforceable in an English court.That is subject to international agreements between countries and, in any case,normally only applies where the judgment is for a very substantial sum
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