Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» Student loan taken out in september 1998
by falco Today at 10:27 pm

» Lowell Court Claim - Former Tesco CC
by HuManChu Today at 9:50 pm

» Hit Our Target
by assassin Today at 2:35 am

» Latest from CrimeBodge
by assassin Today at 1:40 am

» Voters registration
by assassin Today at 1:34 am

» Reality chat , every wednesday at 8pm (ish)
by Society of the Spectacle Yesterday at 7:39 pm

» Debt Collectors
by Tvarred Yesterday at 4:08 pm

» NEW MEMBER
by Mrblue Yesterday at 8:37 am

» Greetings community and admin
by Mrblue Yesterday at 8:36 am

» Aquiess rainmaking using Electromagnetic Frequencies
by Sharpysparky Tue Nov 19, 2019 10:08 pm

» Yet Another Great Example How To Pay
by LionsShare Tue Nov 19, 2019 8:24 pm

» Another For Awoken 2
by Awoken2 Tue Nov 19, 2019 1:15 pm

» Prince Andrew, Epstein, Clinton, Savile And McCann: Sonia Poulton | True Crime Podcast 59
by treeze Tue Nov 19, 2019 12:11 pm

» TESCO CREDIT CARD & LOWELLS
by Ithesoul Tue Nov 19, 2019 9:35 am

» sol excalibre with cookiemonster
by Society of the Spectacle Mon Nov 18, 2019 7:07 pm

» Can they take my car?
by allrightsreserved Mon Nov 18, 2019 2:59 pm

» filling in 3 letters help
by daveiron Mon Nov 18, 2019 12:21 pm

» PRA Group
by daveiron Mon Nov 18, 2019 8:19 am

» webster report
by LionsShare Sun Nov 17, 2019 6:31 pm

» Melanie Shaw: Child Rape Whistleblower In Her Own Words
by LionsShare Sun Nov 17, 2019 3:35 pm

» Am I missing something ?
by LionsShare Sun Nov 17, 2019 2:54 pm

» Threat to pay, possible statute barred
by allrightsreserved Sun Nov 17, 2019 12:18 pm

» Cabots -16 weeks?
by angelao1 Sat Nov 16, 2019 7:11 pm

» Trust Law Issue
by toolapcblack Sat Nov 16, 2019 11:43 am

» I dont think PRA like me anymore
by allrightsreserved Sat Nov 16, 2019 10:55 am

» How Do I Reclaim my Strawman?
by Tom Bombadil Fri Nov 15, 2019 9:39 pm

» Do you want to be just left in peace /
by Mrblue Fri Nov 15, 2019 12:19 pm

» Visualizing the November Energy Update Themes (Animation)
by treeze Thu Nov 14, 2019 7:49 pm

» 3 letter process download
by Mrblue Thu Nov 14, 2019 4:22 pm

» Latest Rich Planet vids Richard Hall
by daveiron Thu Nov 14, 2019 12:49 pm

» address
by mongoose Thu Nov 14, 2019 3:59 am

» Water Water Everywhere and Droughts In Summer
by assassin Thu Nov 14, 2019 2:27 am

» Flush out the sodium fluoride
by sirus0 Thu Nov 14, 2019 12:33 am

» NEW MEMBER
by AlkoTea Wed Nov 13, 2019 8:23 pm

» Court date
by Cookiemonster2 Tue Nov 12, 2019 6:23 pm

» Help required with research.
by Stevro Tue Nov 12, 2019 1:30 pm

» judges and original contracts to court
by Stevro Tue Nov 12, 2019 1:42 am

» Defult notice
by Cookiemonster2 Mon Nov 11, 2019 11:16 pm

» Cabot reply after 3 letters
by Mrblue Mon Nov 11, 2019 1:24 pm

» A4V
by LionsShare Mon Nov 11, 2019 12:15 pm

» Utility Template SAR
by LionsShare Mon Nov 11, 2019 9:36 am

» Bank Insurance Claims for debts
by LionsShare Mon Nov 11, 2019 9:19 am

» Strange sky
by flyingfish Mon Nov 11, 2019 9:02 am

» Robinson way sent me the application form I've filled in
by sirus0 Sun Nov 10, 2019 11:23 pm

» My credit card come back alive
by sirus0 Sun Nov 10, 2019 11:07 pm

» Help required with my recent CCJ
by Stevro Sat Nov 09, 2019 4:03 pm

» Do creditors need to produce your original signed agreement?
by Stevro Sat Nov 09, 2019 4:00 pm

» Cabot Financial - My Next Step
by Stevro Sat Nov 09, 2019 3:58 pm

» Hydraponics
by daveiron Sat Nov 09, 2019 11:42 am

» Brexit & Common Law
by flyingfish Sat Nov 09, 2019 10:31 am

» 24 Storey Tower on Fire in Kensington - dies
by Awoken2 Fri Nov 08, 2019 9:06 pm

» lawful rebellion ?
by mitch Fri Nov 08, 2019 6:08 pm

» Better Comprehension
by LionsShare Thu Nov 07, 2019 7:16 pm

» Off-Grid Basics Land and Planning
by Kestrel Thu Nov 07, 2019 6:10 pm

» Power of lemons
by chong Thu Nov 07, 2019 5:35 am

Moon phases


Making things clear - court claim

Go down

Making things clear - court claim Empty Making things clear - court claim

Post by janloot on Mon Jun 17, 2019 5:14 pm

Making things clear.

Good evening members Wink

I like many others have been using the 3 letters approach to alleged debts for a few years, for friends/family and also myself.

3rd Party Debt Collectors fold very easily, often after letter 1.

What I am seeing more often now is the companies who have purchased the alleged debt and are actually taking County Court Business Centre (CCBC) action.

When a Claim Form is received acknowledgment needs to be done within 14 days from the date of issue.

Then we need to send a CPR 31.14 – or CPR 18 depending on the amount being claimed.

We also can send a SAR.

What I would like to really concentrate on is how we go about writing a proper defence and finally what we need to say in court itself to have a good chance of winning!

The 3rd letter requests again the following:

This is the documentary evidence I require and request, along with documentary evidence
that you have purchased an outstanding balance with the full rights, benefits, title and
interest in their entirety from xxxxxx(OC)

1. A true copy of the Original Agreement, I cannot accept a photocopy.
2. A copy of the contract signed by both parties.
3. Verification of your claim (sworn affidavit or hand signed invoice in accordance with the Bills of Exchange Act 1882).
4. Validation of the alleged debt (actual accounting).
5. 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. If you are not in possession of the Original Agreement, I require to know why not, and also where it is now.
6. A signed statement that no insurance claim has or will be made in respect of this claim.
7. A signed statement that the Original signed Agreement did not create the credit thereby
making me the creditor.
8. The Deed of Novation signed by all three parties.
9. A true copy of the Notice of assignment and Documents of Title. Also a copy of the sale agreement, executed as a deed.
10. A true copy of any default notice.


1. It seems the Original Agreement in many cases is actually being received, albeit not always 100% clear.
2. I am right in saying this is referring to a contract between Me/us & The Debt Purchaser? Or between the OC & the Debt Purchaser?
3. I can never remember anyone confirming they have received sworn affidavit or hand signed invoice in accordance with the Bills of Exchange Act 1882.
4. I & others have received alleged account statements.
5. Has anyone ever received a signed statement?
6. Has anyone ever received a signed statement to the insurance claim question?
7. Has anyone ever received a signed statement regarding me/us being the creditor?
8. Has anyone ever received a copy of the Deed of Novation?
9. Same applies
10. Same applies



………………………………………………………………………..

So with the above in mind, which are the request we keep banging on & on about in court?

Personally I feel that question 2 & 8 could be the answer --- ????

One last point to mention: It is known that the alleged debt for example £2000 is sold on for a fraction of this amount. Surely if we go to court the Debt Purchaser MUST confirm what they actually paid, otherwise they are committing fraud by claiming a greater amount for us to repay??

Can we accuse them of fraud in court, therefore forcing them to reveal exactly how much they paid for the alleged debt??

A long post I know but hopefully if will help myself and others. Wink



Ps- there no updates as yet to my other running post on here
janloot
janloot
Not so newb
Not so newb

Posts : 38
Join date : 2017-05-16

Back to top Go down

Making things clear - court claim Empty Re: Making things clear - court claim

Post by daveiron on Mon Jun 17, 2019 6:12 pm

Hi janloot,
I understand where you are coming from . It takes very little research to find how the
(fraud) system works .what are standard banking practices,who is in fact the creditor.
That is the reason I put them in the letters. Unfortunately because the claimant chooses
to ignore all of those points, no one follows up on them and just lets them go.

My thinking is for example, with the post 2007 accounts the OC can supply reconstituted docs.
This judgement is based on a presumption ,Why then are we not also making a presumption
regarding these banking practices ? Remember a Presumption stands at law unless evidence
is provided to prove otherwise.
daveiron
daveiron
Admin
Admin

Posts : 2205
Join date : 2017-01-17

Back to top Go down

Making things clear - court claim Empty Re: Making things clear - court claim

Post by onak on Wed Jun 19, 2019 12:58 am

The way i have researched it, if you're provided a reconstituted version of the original agreement, then it can satisfy the Credit Act.

This is why I personally believe its too risky and one dimensional to argue about seeing the agreement and thats that. I myself do not want to rely on that argument alone, especially if they have produced account statements - which could seem to be enough confirmation in court that you accepted credit and benefitted from it, as per contract law.

onak
Not so newb
Not so newb

Posts : 29
Join date : 2018-08-19

Back to top Go down

Making things clear - court claim Empty Re: Making things clear - court claim

Post by flyingfish on Wed Jun 19, 2019 8:42 am

I would only mention the Bill of Exchange Act if the matter under dispute actually concerns a bill of exchange. I can't think of many consumer debt issues that would. Where do you see the relevance?

flyingfish
Not so newb
Not so newb

Posts : 55
Join date : 2017-03-22

Back to top Go down

Making things clear - court claim Empty Re: Making things clear - court claim

Post by Sponsored content


Sponsored content


Back to top Go down

Back to top


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