Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» UK Column
by ceylon Today at 2:32 pm

» DW Fitness, Parking eye and Debt recovery plus
by daveiron Today at 12:20 pm

» ...England win 6 - 1 is there any news?
by ceylon Today at 11:39 am

» 24 Storey Tower on Fire in Kensington - dies
by Awoken2 Today at 11:08 am

» Latest from CrimeBodge
by daveiron Today at 10:34 am

» 1st time on here!!!
by daveiron Today at 10:22 am

» Latest from Windows on the World
by daveiron Today at 7:55 am

» ...The KaK & M@© Show Is Trump a TERRORIST?
by ceylon Today at 7:45 am

» Duped into guarantor, severe mental health issues
by waylander62 Yesterday at 10:27 pm

» Remember the Walmart stores ?
by daveiron Yesterday at 12:26 pm

» …Gis 20 billion and you can stay minister to Mrs may… sounds like bribery and corruption don’t it?
by ceylon Yesterday at 10:03 am

» Prisoner, Documentary + Bonus
by Lopsum Sat Jun 23, 2018 9:03 pm

» ...The KaK & M@© Show Do PAEDOPHILES want to make cannabis legal or not?
by ceylon Sat Jun 23, 2018 3:51 pm

» Do banks destroy credit agreements ?
by daveiron Sat Jun 23, 2018 2:51 pm

» ...Are the paedophiles getting treated too good?
by ceylon Sat Jun 23, 2018 12:33 pm

» Potential legal action letter from mortimer clark solicitor
by Jai786 Fri Jun 22, 2018 9:29 pm

» ...The KaK & M@© Show. Has the WAR on CANNABIS been lost?
by ceylon Fri Jun 22, 2018 7:22 pm

» Court claim
by Jai786 Fri Jun 22, 2018 4:59 pm

» Single Justice Procedure Notice
by pieintheskywhenIdie Fri Jun 22, 2018 2:15 pm

» ...Is Zionist tube censoring AGAIN? Are the commons censoring as well? wJFP7IH25Po
by ceylon Fri Jun 22, 2018 1:12 pm

» ARE WE BEING BETRAYED?
by ceylon Fri Jun 22, 2018 10:39 am

» New 3 Letters. Any Success?
by discodave4093 Fri Jun 22, 2018 4:42 am

» ...Is it time to end the monarchy?
by El E Mentary Fri Jun 22, 2018 4:00 am

» Lowell
by assassin Fri Jun 22, 2018 3:01 am

» Clean up.
by midnight Thu Jun 21, 2018 9:56 pm

» Strange new symbol at speakers corner
by daveiron Thu Jun 21, 2018 8:09 pm

» Advice for partner - LOWELL
by DRAGONBORN11 Thu Jun 21, 2018 7:16 pm

» Parking Eye now DRP on my back
by daveiron Thu Jun 21, 2018 7:00 pm

» ...The KaK & M@© Show. £10 a car How much are they scamming out of the public?
by ceylon Thu Jun 21, 2018 6:32 pm

» INFO - NEW Civil Procedure Rules Pre-Action Protocols introduced OCTOBER 2017
by barnwebb Thu Jun 21, 2018 3:42 pm

» Lowell threatening me Again !!
by waylander62 Thu Jun 21, 2018 3:41 pm

» Directions questionaire from lowells solicitors
by jack Thu Jun 21, 2018 3:33 pm

» AMIGOS LOANS ON MY BACK
by waylander62 Thu Jun 21, 2018 3:31 pm

» HELP Demand? I think I have a CCJ!
by Andee Thu Jun 21, 2018 3:13 pm

» Single Justice Procedure Notice
by Winston Thu Jun 21, 2018 2:32 pm

» MORTGAGE FRAUD
by handle Thu Jun 21, 2018 1:46 pm

» ...Did the government protect serial killer doctor?
by ceylon Thu Jun 21, 2018 10:58 am

Moon phases


Possible counter-claim before it reaches court???

Page 2 of 2 Previous  1, 2

Go down

Re: Possible counter-claim before it reaches court???

Post by Jinxer on Sun Nov 26, 2017 8:30 pm

HaHa if I got diplomatic immunity god know's what I would carry through custom's in my special bag.

Jinxer
Not so newb
Not so newb

Posts : 436
Join date : 2017-06-03

Back to top Go down

Re: Possible counter-claim before it reaches court???

Post by Society of the Spectacle on Mon Nov 27, 2017 12:55 pm

iamani wrote:Hi

Builder  -  i think so, a nice bit of Conditional Acceptance goes a long way!

If this is their first contact though, and you're up for a bit of fun, i've got a letter you can send. Nobody here has tried it yet, it's an idea i got from a now-banned member 'debt-less'.

If you'd like to try it i'm sure you could still use the CA3 method if it doesn't work. The possible benefits would be they back off and (if you let us know the results) we all learn something new. It goes like this....

Dear Howie,

i'm so glad you contacted me, you saved me a job in seeking you out.

You say your client has purchased an account bearing the name JOHN DOE and it was legally assigned to your client? That's great!

Barclaycard owes me money from that account, but if they have assigned it to your client then it is your client who is obliged to make good on the account  -  at least he does if the assignment was 'absolute' (according to Section 136 of the Law of Property Act 1925).

Please advise, by return of post, with hand-signed documentary evidence, details of whether your client acquired rights to this account via legal assignment or by legal absolute assignment.

Looking forward to your reply,

Yours sincerely

Etc.

i suspect this might have a surprising result, but if they do reply 'that's nonsense' then the follow-up letter will kill 'em......

If it doesn't then you can use the CA3 just the same.

Anyway, it's just an idea. If we're lucky then Tiggy will return with some good advice for you.

Cheers!

136 Legal assignments of things in action.

(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—
(a)the legal right to such debt or thing in action;
(b)all legal and other remedies for the same; and
(c)the power to give a good discharge for the same without the concurrence of the assignor:
Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice—
(a)that the assignment is disputed by the assignor or any person claiming under him; or
(b)of any other opposing or conflicting claims to such debt or thing in action;he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the M1Trustee Act, 1925.
(2)This section does not affect the provisions of the M2Policies of Assurance Act, 1867.
[F1(3)The county court has jurisdiction (including power to receive payment of money or securities into court) under the proviso to subsection (1) of this section where the amount or value of the debt or thing in action does not exceed [F2£30,000].]

A BIT MORE;
Glossary
Legal assignment
The usual way of assigning the benefit of any debt or other legal thing in action under section 136 of the Law of Property Act 1925. Under that section, the basic requirements for a legal assignment are as follows:
Only the benefit of an agreement may be assigned.
The assignment must be absolute.


Looks like your original Point is MOOT ,


The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt.
The assignment must be in writing and signed under hand by the assignor.
Notice of the assignment must be received by the other party or parties for the assignment to take effect.
See also equitable assignment.

And WIKI,
https://en.wikipedia.org/wiki/Assignment_(law)
avatar
Society of the Spectacle
Admin
Admin

Posts : 677
Join date : 2017-01-15
Location : Castor

Back to top Go down

Re: Possible counter-claim before it reaches court???

Post by Guest on Tue Nov 28, 2017 1:28 am

Hi

Society of the Spectacle - everything you've just posted is what this letter depends on.

The point is they have to produce the Deed of Assignment. If they point to that legislation and say 'see, this proves it's an absolute assignment' then the same result is achieved - evidence that the debt has been paid by a third party sans first party agreement., from their own mouths they damn themselves.

Sorry for the delay in replying - only just noticed your post.

Cheers!

Guest
Guest


Back to top Go down

Re: Possible counter-claim before it reaches court???

Post by Guest on Tue Nov 28, 2017 1:32 am

Hi

Society of the Spectacle - funny you should mention equity. That's letter 2.

Cheers!

Guest
Guest


Back to top Go down

Re: Possible counter-claim before it reaches court???

Post by Sponsored content


Sponsored content


Back to top Go down

Page 2 of 2 Previous  1, 2

Back to top


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