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A call out to the whiteRabbit

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A call out to the whiteRabbit

Post by handle on Mon Sep 11, 2017 5:28 pm

I have a continuing case (part Cool against Lloyds for my Financial Instruments to be disclosed.

The bank refuses to deny their existence and yet will not tell me as they say it is commercially sensitive.

If Whiterabbit, or anyone else has info on this, I am attending a directions hearing within the next few weeks. - queens bench

The banks has raked up costs against me of £23k, and all they have done is to say that they have sent me copies of the mortgage deed, but they will not say that they have used my name under the power of attorney to conduct financial activities.

If the whiterabbit has info on this,it would be useful for all if he attends.

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Re: A call out to the whiteRabbit

Post by Waffle on Mon Sep 11, 2017 7:29 pm

You'll probably need to get a court order for disclosure, it seems thats what most have to do to acquire the data your looking for. It would be very useful for yourself if you can stay away from the queens bench and get into chancery, personally id go for an equitable tracing order. Common law tracing won't allow you to trace unique property into commingled assets, equitable tracing allows you to trace unique property into commingled assets. Im assuming its the securitisation data your after, if so you'll be following the money........

There is also case law on the matter, this is for seeing the documents of title transfer after an assignment. For any securitisation they have to assign the rights to the debt this is 9 times out of 10 an equitable assignment usually just interests. However, if they have assigned full title rights and interests then they have no right to the debt, which they may well have done how would we know?

You can try these methods which ever you choose you'll have to write the letter yourself quoting this case law. You have a right to see those documents they just don't want you to, if they are commercially sensitive the court have said they need to provide you a redacted version......

Option 1 Legal world

To request the 'deed of assignment' (you will never see one because there is no deed for property, your debts are property, choose in action), you should be asking for 'documents of title'.

To do this legally quote case law (look this up too) Van Lynn Developments v Pelias Construction Co Ltd 1968. This judgment was by Lord Denning.

Further to this is the Webster v Ridgeway (2009) whereby a 'debtor' is entitled to see a redacted version.

Option 2 Equity

I hereby request disclosure of the true copy of the original documents of title Birch v Treasury Solicitor (1951), Schmidt v Rosewood Trust Ltd (2003).

Might be worth including in there you want to know about any assignments legal or equitable.

You could also try under the data protection act, if they refuse make a complaint to the information commissioner, just do everything you can before court, they would like it if you have used these organisations before hand and will be more inclined to make the order, if it gets that far anyway.

Probably worth me pointing out you should be requesting documents of title transfer/assignemnt both legal and equitable to who and why.....

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Re: A call out to the whiteRabbit

Post by handle on Tue Sep 12, 2017 1:56 pm

Thanks for that. To clarify, I want information from them about what and when they have used my name to create financial instruments, presumably using the power of attorney I am alleged to have given them by signing the mortgage terms & conditions.

Their fist response was that it was "commercially sensitive information". But if they rightfully belong to me then I want them.

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Re: A call out to the whiteRabbit

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