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by daveiron Fri Jan 19, 2024 10:02 pm
Moon phases
Threatened bankruptcy proceedings
+3
daveiron
waylander62
ande
7 posters
Page 2 of 3
Page 2 of 3 • 1, 2, 3
Re: Threatened bankruptcy proceedings
Just noticed andy ,your details are showing (top left )
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
Re: Threatened bankruptcy proceedings
yes get rid of your details asap
that is an application form and not a copy of an executed agreement, have they sent you anything else such as terms and conditions and a copy of your right to cancel ?
what they have sent you is not an executed agreement.
that is an application form and not a copy of an executed agreement, have they sent you anything else such as terms and conditions and a copy of your right to cancel ?
what they have sent you is not an executed agreement.
waylander62- dedicated
- Posts : 1257
Join date : 2017-10-03
Re: Threatened bankruptcy proceedings
waylander62 wrote:yes get rid of your details asap
that is an application form and not a copy of an executed agreement, have they sent you anything else such as terms and conditions and a copy of your right to cancel ?
what they have sent you is not an executed agreement.
Hi again and thanks for your help.
They have sent me a wad of statements.
Four pages of "Credit card agreement regulated by the consumer credit act 1974"
and seven pages titled "Credit Card terms and conditions" along with the application form. hope this helps Andy
ande- Not so newb
- Posts : 37
Join date : 2018-01-18
Re: Threatened bankruptcy proceedings
very difficult to comment without seeing them to be honest mate
check the statements , are they proper statements or just pages of transactions ?
also check the statements, check each transaction to see if there is anything on there which points to some form of insurance payments or similar.
check the statements , are they proper statements or just pages of transactions ?
also check the statements, check each transaction to see if there is anything on there which points to some form of insurance payments or similar.
waylander62- dedicated
- Posts : 1257
Join date : 2017-10-03
Re: Threatened bankruptcy proceedings
Hi ,
I dont want to be butting in ,just think this may be useful as its not asked for in the old 3 letters.
" I am in receipt of your letter dated xx xxx .However ,I have been studying banking practices and procedures and I now require further documentation regarding your claim that I have an obligation to your corporation.
Firstly as the 'agreement' is a Negotiable Instrument as defined in the Bills of Exchange Act , and being standard banking practice to sell / trade these Negotiable Instruments.I now require documentation of the following in affidavit form by an individual with first hand knowledge in this matter that :
1. That the said agreement has never been sold or traded in any way.
2. That you are in possession of the original agreement which you can produce to a court in the event you wish to
litigate this matter.
3. If you are not in possession of the original agreement .I require to know where it is located or if it is even in
existence.
4. That the said agreement has not been the subject of an insurance claim ,and will not be in the future.
5. A statement that the original signed agreement did not create the credit,thereby making me the creditor.
Get waylanders opinion on this ,but I have never seen these questions addressed by the claimants.
also the letters state " implied admission by absence of rebuttal ". I have never seen a rebuttal.
I dont want to be butting in ,just think this may be useful as its not asked for in the old 3 letters.
" I am in receipt of your letter dated xx xxx .However ,I have been studying banking practices and procedures and I now require further documentation regarding your claim that I have an obligation to your corporation.
Firstly as the 'agreement' is a Negotiable Instrument as defined in the Bills of Exchange Act , and being standard banking practice to sell / trade these Negotiable Instruments.I now require documentation of the following in affidavit form by an individual with first hand knowledge in this matter that :
1. That the said agreement has never been sold or traded in any way.
2. That you are in possession of the original agreement which you can produce to a court in the event you wish to
litigate this matter.
3. If you are not in possession of the original agreement .I require to know where it is located or if it is even in
existence.
4. That the said agreement has not been the subject of an insurance claim ,and will not be in the future.
5. A statement that the original signed agreement did not create the credit,thereby making me the creditor.
Get waylanders opinion on this ,but I have never seen these questions addressed by the claimants.
also the letters state " implied admission by absence of rebuttal ". I have never seen a rebuttal.
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
Re: Threatened bankruptcy proceedings
Daveiron
those questions are actually spot on, and certainly worth asking in the form of a letter.
there is of course a big BUT, although they wont be able to answer or provide any evidence unfortunately the courts will most likely dismiss these requests entirely as not having any merit. it is always worth sending a letter such as this because some DCA's may well be frightened into giving up.
However i would not rely on this working on its own and would also defend in the traditional way.
those questions are actually spot on, and certainly worth asking in the form of a letter.
there is of course a big BUT, although they wont be able to answer or provide any evidence unfortunately the courts will most likely dismiss these requests entirely as not having any merit. it is always worth sending a letter such as this because some DCA's may well be frightened into giving up.
However i would not rely on this working on its own and would also defend in the traditional way.
waylander62- dedicated
- Posts : 1257
Join date : 2017-10-03
Re: Threatened bankruptcy proceedings
Hi waylander,
Point taken, Its the fact that I have never had or seen a response of any kind regarding the above that makes me think its worth trying to perfect it . There is at a glance ,a great deal of evidence regarding these agreements being traded.
Over the weekend I will add many links to this post giving documented evidence . The aim is of course as you say ,to scare them off.
Point taken, Its the fact that I have never had or seen a response of any kind regarding the above that makes me think its worth trying to perfect it . There is at a glance ,a great deal of evidence regarding these agreements being traded.
Over the weekend I will add many links to this post giving documented evidence . The aim is of course as you say ,to scare them off.
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
Re: Threatened bankruptcy proceedings
daveiron wrote:Hi waylander,
Point taken, Its the fact that I have never had or seen a response of any kind regarding the above that makes me think its worth trying to perfect it . There is at a glance ,a great deal of evidence regarding these agreements being traded.
Over the weekend I will add many links to this post giving documented evidence . The aim is of course as you say ,to scare them off.
yes absolutely, the questions you are asking are indeed perfectly valid and will no doubt have taken place.
i actually have 2 full securitisation documents in my possession, very intense reading and still i am unable to fully understand what and how this has taken place 1 of them is a whole bundle of capital one credit cads that was 'sold' and the other is to do with RBS. The problem is that the courts and judges have no idea what has gone on before and dismiss it outright as you cannot obtain the proof. It may well be worth compiling 2 separate letters here, thinking about it.
1) asking the DCA as per your letter
2) after receiving the results of a SAR from the OC, writing directly to the OC requesting that they provide this information.
very complicated stuff and well hidden by the financial corporations.
waylander62- dedicated
- Posts : 1257
Join date : 2017-10-03
Re: Threatened bankruptcy proceedings
Hi again hope you are all well, after giving me a month off as promised Intrum have returned with a letter from there Legal department saying that if I do not contact them in the next 14 days they will consider passing my file to there solicitors to start legal proceedings against me .
Should I start the 3 letter process with the new letters ? I have the first letter ready to post and intend to post it tomorrow .
I have received my SAR back from the OC today but not had a chance to look at it yet didn't know they had so much on me A4 size box about a foot high but I haven't a clue what to look for.
thanks for looking and thanks for any help and advice given Andy
Should I start the 3 letter process with the new letters ? I have the first letter ready to post and intend to post it tomorrow .
I have received my SAR back from the OC today but not had a chance to look at it yet didn't know they had so much on me A4 size box about a foot high but I haven't a clue what to look for.
thanks for looking and thanks for any help and advice given Andy
ande- Not so newb
- Posts : 37
Join date : 2018-01-18
Re: Threatened bankruptcy proceedings
the main things to look for are a copy of any agreement
terms and conditions of the agreement
copy of any default notice
copy of the assignment
most of what you have been sent will likely be statements, try and separate the statements for now and try and find the above as these are most important.
take a look at the odd statement to see if there was any PPI or other type of insurance attached to the agreement too.
terms and conditions of the agreement
copy of any default notice
copy of the assignment
most of what you have been sent will likely be statements, try and separate the statements for now and try and find the above as these are most important.
take a look at the odd statement to see if there was any PPI or other type of insurance attached to the agreement too.
waylander62- dedicated
- Posts : 1257
Join date : 2017-10-03
Re: Threatened bankruptcy proceedings
thanks Waylander soon as I finish tomorrow I will have a look
ande- Not so newb
- Posts : 37
Join date : 2018-01-18
Re: Threatened bankruptcy proceedings
Morning all,sent the first of the new letters for alleged debt purchasers yesterday ,don,t know what reaction i will get, expecting them to pass it over to the solicitors but we will see.
Had a look at the SAR but will need a more in depth look has I hadn't much time, what I did find out was the last payment was in march 2014,it is unsigned by me, couldn't find a default notice or the deed of assignment and has for PPI there is a mass of paperwork for that that deals with everything and that will have to be looked at we did get a refund for that some years ago but that was with our mortgage thanks for looking Andy
Had a look at the SAR but will need a more in depth look has I hadn't much time, what I did find out was the last payment was in march 2014,it is unsigned by me, couldn't find a default notice or the deed of assignment and has for PPI there is a mass of paperwork for that that deals with everything and that will have to be looked at we did get a refund for that some years ago but that was with our mortgage thanks for looking Andy
ande- Not so newb
- Posts : 37
Join date : 2018-01-18
Re: Threatened bankruptcy proceedings
I was expecting a response from Intrum after posting the 1st of the new letters and it came Friday I have posted it up here to see what you think .
I think it says you lot are a right shower ,your leading me astray and I should pay up (alleged debt) like a good lad
They seem to have put my account on hold 30 days why the say "these two accounts" I don,t know but they will be getting letter number two on Thursday.
thanks for looking and any help and advice will be gratefully received Andy
I think it says you lot are a right shower ,your leading me astray and I should pay up (alleged debt) like a good lad
They seem to have put my account on hold 30 days why the say "these two accounts" I don,t know but they will be getting letter number two on Thursday.
thanks for looking and any help and advice will be gratefully received Andy
- Attachments
ande- Not so newb
- Posts : 37
Join date : 2018-01-18
Re: Threatened bankruptcy proceedings
Hi ande,
Up to you but you could try this.
I am in receipt of your letter dated xxxxx which purports to have been signed and sent by someone called Legal Department,please confirm that a man or woman with that name did in fact sign the letter.
I have for sometime been studying banking practice ,the results of my findings prompted a list of questions which I sent
to you in my notice dated xxxxx.
for whatever reason you have failed to provide any response whatsoever regarding these.
I am somewhat concerned that as its standard practice for banks to sell / trade these agreements,whether in there entirety or the rights to the 'receivables' . The Bank claiming to be the original creditor has therefore been paid,
and as such has suffered no loss,and may in fact not have been in a position to sell on to you. I trust therefore
that you completed your due diligence upon purchasing the alleged debt.
I can if required provide factual evidence to show that a 'customers ' signature upon an agreement creates
the credit,and the bank only facilitates the distribution of said credit.
Should you answer all of the questions raised in my notice to my satisfaction ,I will upon production of the actual original agreement free from any endorsements,comply with any lawful obligation I may have.
I note you say you may not respond to some of my letters .May I take this opportunity to remind you of the legal maxim " He who does not deny ,admits" and point out that my notices to you contain the wording
'Implied admission by lack of rebuttal' I am sure I do not need to remind you that a presumption at law,unless
rebutted by factual evidence .Stands at law.
Up to you but you could try this.
I am in receipt of your letter dated xxxxx which purports to have been signed and sent by someone called Legal Department,please confirm that a man or woman with that name did in fact sign the letter.
I have for sometime been studying banking practice ,the results of my findings prompted a list of questions which I sent
to you in my notice dated xxxxx.
for whatever reason you have failed to provide any response whatsoever regarding these.
I am somewhat concerned that as its standard practice for banks to sell / trade these agreements,whether in there entirety or the rights to the 'receivables' . The Bank claiming to be the original creditor has therefore been paid,
and as such has suffered no loss,and may in fact not have been in a position to sell on to you. I trust therefore
that you completed your due diligence upon purchasing the alleged debt.
I can if required provide factual evidence to show that a 'customers ' signature upon an agreement creates
the credit,and the bank only facilitates the distribution of said credit.
Should you answer all of the questions raised in my notice to my satisfaction ,I will upon production of the actual original agreement free from any endorsements,comply with any lawful obligation I may have.
I note you say you may not respond to some of my letters .May I take this opportunity to remind you of the legal maxim " He who does not deny ,admits" and point out that my notices to you contain the wording
'Implied admission by lack of rebuttal' I am sure I do not need to remind you that a presumption at law,unless
rebutted by factual evidence .Stands at law.
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
Re: Threatened bankruptcy proceedings
daveiron wrote:
I can if required provide factual evidence to show that a 'customers ' signature upon an agreement creates
the credit,and the bank only facilitates the distribution of said credit.
Where can I find this evidence? I know it's true but can find no evidence of it to use in my own court case.
Stevro- news worthy
- Posts : 124
Join date : 2017-08-03
Re: Threatened bankruptcy proceedings
Hi stevro,
Start here ,also search money creation .There is quite a lot out there ,just sort out those from the Uk as apposed to the US .We know its all the same but if you use evidence from a US site they will do what they always do and say its US and does not apply here.
https://www.bankofengland.co.uk/-/media/boe/files/quarterly-bulletin/2014/money-creation-in-the-modern-economy.pdf
Start here ,also search money creation .There is quite a lot out there ,just sort out those from the Uk as apposed to the US .We know its all the same but if you use evidence from a US site they will do what they always do and say its US and does not apply here.
https://www.bankofengland.co.uk/-/media/boe/files/quarterly-bulletin/2014/money-creation-in-the-modern-economy.pdf
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
Re: Threatened bankruptcy proceedings
Thanks daveiron i will send it, give them something to think about while letter number two lands thanks your a star Andy
ande- Not so newb
- Posts : 37
Join date : 2018-01-18
Re: Threatened bankruptcy proceedings
daveiron wrote:Hi stevro,
Start here ,also search money creation .There is quite a lot out there ,just sort out those from the Uk as apposed to the US .We know its all the same but if you use evidence from a US site they will do what they always do and say its US and does not apply here.
https://www.bankofengland.co.uk/-/media/boe/files/quarterly-bulletin/2014/money-creation-in-the-modern-economy.pdf
Hi Daveiron. Thanks but I've been through all of this and much much more in the past two years. I'm looking for the silver bullet i.e. where I can find the lawful evidence that proves our signature creates money and we are the owners/creditors. Something a judge would find difficult to rebuff.
The BOE unfortunately says 'the banks create new money when they make a loan'. THEY create, THEY make a loan. We know they don't but need real proof.
Stevro- news worthy
- Posts : 124
Join date : 2017-08-03
Re: Threatened bankruptcy proceedings
Ande
they are now sending out letters with Legal department all over it, i notice they DO NOT have an SRA number quoted at the bottom so are probably not regulated by the SRA
so they should not be pretending to be solicitors, its a long time ago but i am sure there is a clear rule about this
they are now sending out letters with Legal department all over it, i notice they DO NOT have an SRA number quoted at the bottom so are probably not regulated by the SRA
so they should not be pretending to be solicitors, its a long time ago but i am sure there is a clear rule about this
waylander62- dedicated
- Posts : 1257
Join date : 2017-10-03
Re: Threatened bankruptcy proceedings
Hi waylander nice to hear from you again thanks for that I will google SRA and have a look thanks Andy
ande- Not so newb
- Posts : 37
Join date : 2018-01-18
Re: Threatened bankruptcy proceedings
Does that still apply for an internal legal department? It's not quite the same as offering legal services, or representing another company. I guess a call to SRA will answer that question.
pieintheskywhenIdie- Not so newb
- Posts : 70
Join date : 2017-03-20
Re: Threatened bankruptcy proceedings
pieintheskywhenIdie wrote:Does that still apply for an internal legal department? It's not quite the same as offering legal services, or representing another company. I guess a call to SRA will answer that question.
an internal legal department, if it is in fact legal that is, must be regulated, therefore the SRA would be their regulator.
waylander62- dedicated
- Posts : 1257
Join date : 2017-10-03
Re: Threatened bankruptcy proceedings
Hi again I googled Intrum SRA and it came up with Intrum UK Limited-The Law society and I ended up on a Law Society web page about Intrum I don,t know how comprehensive the information is but it says that Intrum is not a SRA regulated law practice ,there is only one name attached to any of areas covered by the page and only one office.
I was expecting more than that. thanks Andy
I was expecting more than that. thanks Andy
ande- Not so newb
- Posts : 37
Join date : 2018-01-18
after the new three letters ?
Morning everybody ,hope all is well. I have just completed the new three letter process and got a couple of letters back saying that they don't mean anything as expected.
Do I still need to send the estoppel letter or do the new letters cover this ? thanks for your help with this thanks Andy
Do I still need to send the estoppel letter or do the new letters cover this ? thanks for your help with this thanks Andy
ande- Not so newb
- Posts : 37
Join date : 2018-01-18
Re: Threatened bankruptcy proceedings
Hi ande,
I would wait for waylanders input,
You could send an estoppel if you wish,although I find they just ignore them. along with whatever waylander
recommends you send ,you could always add the following;
"With reference to your letter dated xx xx .Regardless of whatever your beliefs are regarding my numerous
requests for documentation. Should you decide to litigate this matter further ,those requests will be brought
before the court ,along with evidence of your refusal to supply them in support of your claim"
I would wait for waylanders input,
You could send an estoppel if you wish,although I find they just ignore them. along with whatever waylander
recommends you send ,you could always add the following;
"With reference to your letter dated xx xx .Regardless of whatever your beliefs are regarding my numerous
requests for documentation. Should you decide to litigate this matter further ,those requests will be brought
before the court ,along with evidence of your refusal to supply them in support of your claim"
daveiron- Admin
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