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Alternate solutions Case Law

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Alternate solutions Case Law

Post by Waffle on Sun Sep 03, 2017 10:19 pm

This is a transfer from a Barclaycard thread but relevant to all debts that are unsecure

First I would suggest learning what relationship is being construed against you.

They treat you as though your in a debtor creditor relationship, you should be operating in equity, which is a different world to the legislative one.

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).


To tell a third party they are not entitled to enforce any benefit of an agreement.

"For a party to be eligible to enforce any condition of a covenant, agreement or contract they must be a sign party to the agreement"

Legally

Quote Contracts (rights of thirds parties) Act 1999 and if you want quote Woodar Investment Developments Ltd v Wimpy Construction (UK) Ltd (1980)

Equitably
Re: Cavendish-Browne (1916) which the principles of are endorsed into the Contracts (Rights of Third Parties) Act 1999, Cannon v Hartley (1949)


There is also this case in relation to telling a third party to do one Laughing Laughing

3. At common law the doctrine of privity of contract entailed that as a general rule a contract
cannot confer rights or impose obligations on any person except the parties to it, even when the contract was directed at conferring a benefit on a third party: see Beswick v Beswick [1968] AC 58.


Last edited by Waffle on Mon Sep 11, 2017 7:05 pm; edited 1 time in total

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Re: Alternate solutions Case Law

Post by Ausk on Mon Sep 11, 2017 10:34 am

Thanks Waffle, good stuff there, definately a move forward. We need to adjust the letters to suit.


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Re: Alternate solutions Case Law

Post by LionsShare on Mon Sep 11, 2017 12:20 pm

Thanks waffle great info!
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Re: Alternate solutions Case Law

Post by debt-less on Sun Nov 12, 2017 8:06 am

Agree with waffle and the chose in action doctrine, one should be at a Court of equity, not in a Court that may only see you as a Debtor (County, QB etc.)

Most eloquent and accurate information.

LionsShare, was the OC Barclaycard and have you made (incorrectly so as Beneficiary) any repayments upon the account?

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