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Moon phases


Copy of signed loan contract

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Re: Copy of signed loan contract

Post by tattyboggle on Wed Nov 22, 2017 10:38 pm

Couple of questions, I've been reading The Bills of Exchange Act (1882) with regard to the estoppel letter paragraph 1 item 2. Having trouble finding the section related to verified true bill signed. Anyone know the paragraph number?
I've read some cases where they claim they do not need to produce any documents but merely prove a loan existed in some form.

Once the estoppel has been sent and received can this then be used as the defence if its then passed on or solicitors get in touch? If it can't why not and whats the point of the estoppel?

Thanks

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Re: Copy of signed loan contract

Post by assassin on Thu Nov 23, 2017 1:42 am

The estoppel stops them using previous information/claims in any future proceedings in its basic form..
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Re: Copy of signed loan contract

Post by Ausk on Thu Nov 23, 2017 9:01 am

I don't believe that is my agreement, or 'thats not my agreement.'

If you say either of these you plonk yourself right in it. You've just admitted to having an agreement with them but just not that one.

there are 3 kinds of contracts

- simple contracts - pay and go.
- implied contract - I'll bring the car around tomorrow for a service.
- expressed contract - wet signature contract to purchase x car from y supplier.

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Re: Copy of signed loan contract

Post by tattyboggle on Thu Nov 23, 2017 9:05 pm

Thanks for the replies, but still non the wiser on this. I have read several posts about completing the process and sending the estoppel. However further proceedings take place but it seems no one uses the estoppel as a means to prevent any further proceedings.
I herby serve Notice that failure to provide Proof of Claim by (The Bank) has created a permanent and irrevocable estoppel by acquiescence, forevermore barring (The Bank) from bringing any and all claims, legal actions, orders, demands, lawsuits, costs, levies, penalties, damages, interests, liens and expenses whatsoever, against

Its the above paragraph that seems to make it clear, the bank has been given reasonable time to produce evidence and they have not so that the end of the matter. However this does not seem to be what people are reporting.

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Re: Copy of signed loan contract

Post by Guest on Thu Nov 23, 2017 9:29 pm

Hi tattyboggle

Is it a problem you're experiencing or is this a hypothetical scenario?

If a problem, is it the OC chasing or a dca?

Cheers!

Guest
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Re: Copy of signed loan contract

Post by tattyboggle on Thu Nov 23, 2017 9:47 pm

Just trying to be ahead of any scenario and understand the process , legal state and options. My eyes are going square! The 3 letter process and estoppel seem straight forward until it gets serious in legal terms. I have been researching estoppels and cannot find any examples of them being used in the way suggested here. And certainly not successful. So I'm trying to ascertain the point of using them.

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Re: Copy of signed loan contract

Post by Guest on Thu Nov 23, 2017 10:01 pm

Hi tattyboggle

The CA3 + Estoppel have been proven to work, but it's not your only option - Conditonal Acceptance is after all a fairly broad church.

You should also bear in mind that the banks/dca's have gotten wise that most of the people who use the 3 letters haven't got a clue what it all means and are thus easy to intimidate back onto the plantation payment plan.

It sounds like either you are expecting an 'experience' with a 'creditor' or you just want to be prepared - good for you. The best advice you'll ever hear is:

Know thyself and fear not.

Once you're committed to acting on that advice the rest of this stuff gets so much easier.....

Cheers!

Guest
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Re: Copy of signed loan contract

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