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Threatened bankruptcy proceedings

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Re: Threatened bankruptcy proceedings

Post by daveiron on Wed Aug 22, 2018 7:07 pm

Just noticed andy ,your details are showing (top left )

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Re: Threatened bankruptcy proceedings

Post by waylander62 on Wed Aug 22, 2018 8:09 pm

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.

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Re: Threatened bankruptcy proceedings

Post by ande on Thu Aug 23, 2018 5:38 pm

@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

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Re: Threatened bankruptcy proceedings

Post by waylander62 on Thu Aug 23, 2018 8:03 pm

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.

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Re: Threatened bankruptcy proceedings

Post by daveiron on Fri Aug 24, 2018 10:36 am

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.

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Re: Threatened bankruptcy proceedings

Post by waylander62 on Fri Aug 24, 2018 7:53 pm

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.

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Re: Threatened bankruptcy proceedings

Post by daveiron on Fri Aug 24, 2018 9:20 pm

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.

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Re: Threatened bankruptcy proceedings

Post by waylander62 on Fri Aug 24, 2018 9:40 pm

@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.

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Re: Threatened bankruptcy proceedings

Post by ande on Sun Oct 07, 2018 7:47 pm

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

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Re: Threatened bankruptcy proceedings

Post by waylander62 on Sun Oct 07, 2018 9:22 pm

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.

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Re: Threatened bankruptcy proceedings

Post by ande on Sun Oct 07, 2018 9:25 pm

thanks Waylander soon as I finish tomorrow I will have a look Very Happy

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Re: Threatened bankruptcy proceedings

Post by ande on Tue Oct 09, 2018 3:33 am

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

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Re: Threatened bankruptcy proceedings

Post by ande on Sat Oct 13, 2018 6:17 pm

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 lol!
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
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Re: Threatened bankruptcy proceedings

Post by daveiron on Sat Oct 13, 2018 9:24 pm

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.

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Re: Threatened bankruptcy proceedings

Post by Stevro on Sun Oct 14, 2018 2:34 am

@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.


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Re: Threatened bankruptcy proceedings

Post by daveiron on Sun Oct 14, 2018 10:28 am

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

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Re: Threatened bankruptcy proceedings

Post by ande on Sun Oct 14, 2018 2:08 pm

Thanks daveiron i will send it, give them something to think about while letter number two lands thanks your a star Andy

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Re: Threatened bankruptcy proceedings

Post by Stevro on Sun Oct 14, 2018 7:49 pm

@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.


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Re: Threatened bankruptcy proceedings

Post by waylander62 Yesterday at 12:33 pm

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

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