Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» New to this place
by assassin Today at 1:19 am

» income expenditure
by projectzoo Yesterday at 11:34 pm

» Latest from CrimeBodge
by Phillpots Yesterday at 8:35 pm

» Equita not very good at bluffing
by ethicsboy Yesterday at 3:13 pm

» Lowell threatening me Again !!
by barnwebb Yesterday at 1:18 am

» Port! A word worth considering
by Phillpots Thu Dec 13, 2018 11:17 pm

» 5G & Smart Meters
by flyingfish Thu Dec 13, 2018 8:09 pm

» Police officer who raped 13-year-old girl jailed for 25 years
by midnight Thu Dec 13, 2018 6:47 pm

» List of the lord lieutenants of the United Kingdom
by Phillpots Thu Dec 13, 2018 4:21 pm

» Dr Michael Mosley
by assassin Thu Dec 13, 2018 2:07 pm

» Are you a mug or a Mancunian?
by Lopsum Thu Dec 13, 2018 1:55 pm

» Some very damning whistleblowing
by Awoken2 Thu Dec 13, 2018 11:04 am

» Reality chat , every wednesday at 8pm (ish)
by Society of the Spectacle Wed Dec 12, 2018 8:02 pm

» What the hell is 'ableism'
by Phillpots Wed Dec 12, 2018 7:42 pm

» stupid thing
by projectzoo Wed Dec 12, 2018 2:41 pm

» Dire Consequences Of Debt
by assassin Wed Dec 12, 2018 2:25 am

» Litter fines set to QUADRUPLE: Rubbish louts now face £150 on the spot penalty https://www.youtube.com/watch?v=olkdZeBWOhc
by Society of the Spectacle Tue Dec 11, 2018 7:17 pm

» Real Begging
by LionsShare Tue Dec 11, 2018 5:05 pm

» Cookies Show and Related Topics.
by Society of the Spectacle Tue Dec 11, 2018 2:44 pm

» More Recycling
by assassin Tue Dec 11, 2018 3:39 am

» Stop The Debt Threat Letters
by Mrblue2017 Mon Dec 10, 2018 11:44 pm

» Brown all CAPS window letter with "Defendant" visible!
by waylander62 Mon Dec 10, 2018 10:21 pm

» Intrum Finance letter advice please.
by Ithesoul Mon Dec 10, 2018 9:32 pm

» sol excalibre with cookiemonster
by Society of the Spectacle Mon Dec 10, 2018 8:02 pm

» Robinson Way
by Killuminati Mon Dec 10, 2018 1:10 pm

» Dam funny
by assassin Mon Dec 10, 2018 2:17 am

» Funny Old World
by Phillpots Sat Dec 08, 2018 5:03 pm

» List of shrievalties
by Phillpots Sat Dec 08, 2018 5:01 pm

» Transcash - the death of
by LionsShare Sat Dec 08, 2018 3:45 pm

» 3 letter process
by Mrblue2017 Thu Dec 06, 2018 4:43 pm

» Warning To Site Members On Benefits
by assassin Thu Dec 06, 2018 2:13 am

» R.N.
by eargoggles Wed Dec 05, 2018 11:48 pm

» ceo of banks
by Mrblue2017 Wed Dec 05, 2018 8:25 pm

» Hiv talk ( lots of immune supporting info in this ) slides and 200 references, with quoted research and links
by Theatchet Wed Dec 05, 2018 7:25 pm

» Bladder cancer talk, slides with references, with quoted research and links
by Theatchet Wed Dec 05, 2018 7:23 pm

» Lung cancer talk, slides and references, with quoted research and links
by Theatchet Wed Dec 05, 2018 7:21 pm

» Prostate/ Prostate cancer talk, slides and references ( must watch ) with quoted research and links
by Theatchet Wed Dec 05, 2018 7:16 pm

» Breast cancer talk, slides and references for the talk, with quoted research and links
by Theatchet Wed Dec 05, 2018 7:13 pm

» Alzheimers and Dementia Talk, with all the slides and references, with quoted research and links
by Theatchet Wed Dec 05, 2018 7:10 pm

» Durham Police Get Back What They Dish Out
by assassin Wed Dec 05, 2018 7:10 pm

» France Yellow Vests Gilet Juanes,
by Society of the Spectacle Wed Dec 05, 2018 3:59 pm

» Difficulty paying default loan
by Mrblue2017 Wed Dec 05, 2018 9:45 am

» An appeal from 'The armchair detective'
by assassin Wed Dec 05, 2018 1:51 am

» HMRC INCOME TAX
by LionsShare Tue Dec 04, 2018 8:24 pm

» remedy for P.C.N/COUNCIL TAX
by Keithatlm Tue Dec 04, 2018 6:03 pm

» Wildfires
by mitch Tue Dec 04, 2018 12:15 pm

» A New Turn
by assassin Mon Dec 03, 2018 1:25 am

Moon phases


Santander

Page 1 of 2 1, 2  Next

Go down

Santander

Post by dkent1977 on Sun Oct 01, 2017 5:50 pm

Another day, another letter!

As usual its been printed and sent from Cabot and not Santander as evidenced by the Cabot page "1of6" mark on the side of the letter and them coming in the same envelope (it also contains Cabots letter and a NOA). As you can see, it clearly says that 'your account has been sold'.

What letters should I send them? The bank ones? Debt purchaser ones? DCA as agents? Naturally I'm going to edit it and question the authenticity of the supposed 'Santander' letter they sent.....

(excuse the dodgy picture...I had to use my webcam!)

avatar
dkent1977
Not so newb
Not so newb

Posts : 23
Join date : 2017-08-30
Location : Cornwall

Back to top Go down

Re: Santander

Post by daveiron on Sun Oct 01, 2017 6:06 pm

Hi,
I would do the new 3 letters to whoever corresponds with you OC,DCA (agent) & debt purchaser. the more times you
request the info & its not provided ,the better.
avatar
daveiron
Admin
Admin

Posts : 1342
Join date : 2017-01-17

Back to top Go down

Re: Santander

Post by dkent1977 on Sun Oct 01, 2017 8:03 pm

So I've added this bit in "Take notice that I now require from you all of the information listed below along with the Documents of Title and Notice of assignment from Santander, as the one that you have sent appears to have been constructed and printed by yourselves and could possibly constitute fraud by misrepresentation." Too much?
Section 5 states "A signed statement that you are in possession of the Original Agreement, and that this agreement has never been sold or traded in any way." but we know it already has been from their letter? Should I remove that or leave in and add that the debts already been paid, thanks for paying it but I have no contract with you??
Also are we no longer asking for the DOA? The letter does mention Lynn v Pelias.....


Last edited by dkent1977 on Sun Oct 01, 2017 8:13 pm; edited 1 time in total (Reason for editing : Context)
avatar
dkent1977
Not so newb
Not so newb

Posts : 23
Join date : 2017-08-30
Location : Cornwall

Back to top Go down

Re: Santander

Post by daveiron on Mon Oct 02, 2017 2:02 pm

Hi,

Keep sec 5 in .They say they have bought all rights and title to the debt.The original Agreement is key,its their only
proof of claim . Just ask yourself why is it the one document they can never provide ?

Re the van lynne case i think it states notice of assignment not the deed .
avatar
daveiron
Admin
Admin

Posts : 1342
Join date : 2017-01-17

Back to top Go down

Re: Santander

Post by Tiggy on Mon Oct 02, 2017 4:42 pm

The Van Lynn case refers to the Deed of Assignment.

Lord Denning states in the Pelias Construction Case (Van Lynn Developments v Pelias Construction Co Ltd 1968 (3) All ER 824) where he said the debtor is entitled to "view the sale agreement to ensure that the assignee can give him good discharge under the contract."

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: Santander

Post by daveiron on Mon Oct 02, 2017 5:14 pm

Tiggy,
can you please show me where in the judgement it states deed of assignment .All i can find in the copy i have is notice of assignment.If you can give me a link that would be great.
avatar
daveiron
Admin
Admin

Posts : 1342
Join date : 2017-01-17

Back to top Go down

Re: Santander

Post by Tiggy on Mon Oct 02, 2017 5:17 pm

@Tiggy wrote:The Van Lynn case refers to the Deed of Assignment.

Lord Denning states in the Pelias Construction Case (Van Lynn Developments v Pelias Construction Co Ltd 1968 (3) All ER 824) where he said the debtor is entitled to "view the sale agreement to ensure that the assignee can give him good discharge under the contract."

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: Santander

Post by daveiron on Mon Oct 02, 2017 5:46 pm

Tiggy,

I have read the transcript and can find no mention of deed only notice.

avatar
daveiron
Admin
Admin

Posts : 1342
Join date : 2017-01-17

Back to top Go down

Re: Santander

Post by Tiggy on Tue Oct 03, 2017 9:01 am

@daveiron wrote:Tiggy,

I have read the transcript and can find no mention of deed only notice.

Which transcript were you reading, the case or the appeal?

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: Santander

Post by daveiron on Tue Oct 03, 2017 9:22 am

Tiggy,

this is all despite looking extensively that i could find ,if you can find the reference in the judgement to deed of assignment ,please could you post it .
I may be wrong but it seems to me Lord Denning stated " the right to see the sale agreement"

http://www.getoutofdebtfree.org/forum/viewtopic.php?f=60&t=82254

thanks dave
avatar
daveiron
Admin
Admin

Posts : 1342
Join date : 2017-01-17

Back to top Go down

Re: Santander

Post by Tiggy on Tue Oct 03, 2017 9:35 am

@daveiron wrote:Tiggy,

this is all despite looking extensively that i could find ,if you can find the reference in the judgement to deed of assignment ,please could you post it .
I may be wrong but it seems to me Lord Denning stated " the right to see the sale agreement"

http://www.getoutofdebtfree.org/forum/viewtopic.php?f=60&t=82254

thanks dave
What we need to do is go back to an original transcript and see exactly what the wording was to see if it's been changed.

The Law of Property Act is almost 100 years old and brought together legislation from the late 1800's early 1900's when the use of the word deed was more prevalent.

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: Santander

Post by dkent1977 on Tue Oct 03, 2017 2:58 pm

Should I add in a bit about DOA then? Is the bit about fraud by misrepresentation a bit much at the moment and it should be left until a later date??
avatar
dkent1977
Not so newb
Not so newb

Posts : 23
Join date : 2017-08-30
Location : Cornwall

Back to top Go down

Re: Santander

Post by daveiron on Tue Oct 03, 2017 3:42 pm

Hi dkent,

I have just added to the letters. Reference to the sale agreements.
That should be all thats needed.
avatar
daveiron
Admin
Admin

Posts : 1342
Join date : 2017-01-17

Back to top Go down

Re: Santander

Post by dkent1977 on Wed Oct 04, 2017 8:30 pm

Cool. Thanks. Removed the fraud bit and am instead asking for the original NOA from santander.....
avatar
dkent1977
Not so newb
Not so newb

Posts : 23
Join date : 2017-08-30
Location : Cornwall

Back to top Go down

Re: Santander

Post by waylander62 on Wed Oct 04, 2017 8:44 pm

the sale agreement in cases such as this, is indeed a sale agreement between the OC and the purchaser, however it is a sale agreement which is always executed as a deed.

so... the sale/assignment of your debt is executed as a deed so hence the deed of assignment would therefore be correct.

waylander62
Very helpful
Very helpful

Posts : 259
Join date : 2017-10-03

Back to top Go down

Re: Santander

Post by Jinxer on Wed Oct 04, 2017 8:47 pm

I wouldn't ask for the Notice of Assignment as they will have that.

Jinxer
Very helpful
Very helpful

Posts : 436
Join date : 2017-06-03

Back to top Go down

Re: Santander

Post by daveiron on Wed Oct 04, 2017 8:48 pm

Hi waylander,

The letters quote the Van Lynn case ,which states sale agreement , There appears to be no reference in it to deed.
avatar
daveiron
Admin
Admin

Posts : 1342
Join date : 2017-01-17

Back to top Go down

Re: Santander

Post by waylander62 on Wed Oct 04, 2017 8:57 pm

@daveiron wrote:Hi waylander,

The letters quote the Van Lynn case ,which states sale agreement , There appears to be no reference in it to deed.

as i said before it IS a sale agreement, but executed as a deed. same thing now as it was back then it is STILL a sale agreement.

if they want to try and be clever regarding this issue, then you be more clever, and let them know you are well aware that their sale agreement was executed as a deed.

1000's of times they have been asked for the deed of assignment and i have NEVER seen any of them argue that point , only that they wont provide a copy because it contains other peoples personal information.

waylander62
Very helpful
Very helpful

Posts : 259
Join date : 2017-10-03

Back to top Go down

Re: Santander

Post by daveiron on Wed Oct 04, 2017 9:02 pm

If we are quoting case law which says we have the "right to see the sale agreement" we need to quote what was actually said.
avatar
daveiron
Admin
Admin

Posts : 1342
Join date : 2017-01-17

Back to top Go down

Re: Santander

Post by assassin on Thu Oct 05, 2017 1:26 am

Its fraud by FALSE representation and not fraud by misrepresentation.

Misrepresention can refer to a miostake done in error and unwittingly, where as fraud by FALSE representation is a clear act of doing something with intent.
avatar
assassin
Admin
Admin

Posts : 1670
Join date : 2017-01-28
Location : Wherever I Lay My Head

Back to top Go down

Re: Santander

Post by assassin on Thu Oct 05, 2017 1:29 am

2

Fraud by false representation

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a)the person making the representation, or

(b)any other person.

(4)A representation may be express or implied.

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

SECTION 2 FRAUD ACT 2006
avatar
assassin
Admin
Admin

Posts : 1670
Join date : 2017-01-28
Location : Wherever I Lay My Head

Back to top Go down

Re: Santander

Post by pitano1 on Thu Oct 05, 2017 8:01 am

[wink]
i see no EVIDENCE that...FRAUD...has NOT been committed
regarding this matter.
this averment is supported by particulars of the matters relied upon.’

That statement will [should] have them running around when
they are asked to prove a negative...
regards.
pitano1


Last edited by pitano1 on Thu Oct 05, 2017 8:20 am; edited 2 times in total

pitano1
Not so newb
Not so newb

Posts : 71
Join date : 2017-07-01

Back to top Go down

Re: Santander

Post by dkent1977 on Thu Oct 05, 2017 8:02 am

@assassin wrote:Its fraud by FALSE representation and not fraud by misrepresentation.

Misrepresention can refer to a miostake done in error and unwittingly, where as fraud by FALSE representation is a clear act of doing something with intent.

Thanks. Am going to leave out for the time being. Might need it later.... Wink
avatar
dkent1977
Not so newb
Not so newb

Posts : 23
Join date : 2017-08-30
Location : Cornwall

Back to top Go down

Re: Santander

Post by dkent1977 on Thu Oct 05, 2017 8:17 am

@pitano1 wrote:[wink]
i see no EVIDENCE that...FRAUD...has NOT been committed
regarding this matter.

That statement will [should] have them running around when
they are asked to prove a negative...
regards.
pitano1


I'll ask for the NOA from Santander and if they say "We've sent it already", I'll have something else to fire back at them Smile
avatar
dkent1977
Not so newb
Not so newb

Posts : 23
Join date : 2017-08-30
Location : Cornwall

Back to top Go down

Re: Santander

Post by pitano1 on Thu Oct 05, 2017 8:30 am

go-bro.
in the meantime IF....you USE... the above... the particulars they rely
on are.....?

A pack of lies.

pitano1
Not so newb
Not so newb

Posts : 71
Join date : 2017-07-01

Back to top Go down

Re: Santander

Post by Sponsored content


Sponsored content


Back to top Go down

Page 1 of 2 1, 2  Next

Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum