Coyle White Divine Have a Charging Order On My Property For a Debt In The UAE

Question

I left the UAE around 11 years ago and am now being chased by CWD who state they have a final charge on my house. I paid one debt to them in full and am now being chased for another. I have asked a friend in UEA to check if there are any cases against me. She assures me there are not. They are threatening to get me to sell my house. I have entered into negotiations with them and suggested a figure that I am able to pay but they are trying to get more. There are young children living there at present so I am not sure what to do.

I would like to know what my next steps should be and if CWD have the right to try to force me to sell my property if I do not pay them.

Catherine

Answer

Catherine,

I understand your situation, and thanks for including the letter from CWD, it helps me to see the full picture of what is happening.

Unfortunately is appears CWD did obtain a Judgment against you and then obtained a Charging Order against your property. With their threat of forcing the sale of the property through that Order has to be taken seriously, however you do have some options.

How much is your property valued at, and if you have a mortgage what is the mortgage loan balance?

Charging Orders in essence take an unsecured debt and make it secured by the property. It gives the lender or collection agency more authority in collecting the debt.

If you did have a loan with the bank in UAE, with RakBank, and the loan was left unpaid, and was assigned to CWD to collect, then CWD has authority to collect the loan here in the UK, they also have all the collection means available to them here in the UK. This includes getting a CCJ and an Enforcement Order/Charging Order against any property you own.

This assigning of the loan to a collection agency here in the UK, also gives you all the debt management and insolvency laws here in the UK at your disposal. Unfortunately, as CWD already have the Charging Order, they have the upper hand…a bit.

You can attend the court hearing, and show the court how much you can afford each month. Complete a detailed income and expense form to show this. You may also want to bring copies of your bills, bank statements, or wage slips to document this.

In most instances, if you can enter into a payment arrangement, the courts will accept it, and the Charging Order just sits against the property until it is paid off, or you sell the property.

In my experience, the courts are not wanting to make someone homeless, especially with children living in the home.

Other options are to see if you can remortgage, or get a loan to pay off the account, but then you would have that new payment.

Keep me informed as this progresses and we can look into it further. Documenting and showing the court what you can afford to pay each month is the start.

Regards,

Jon