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Moon phases


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Post by Ausk on Wed Oct 09, 2019 10:15 am

This is from Aus but Im sure there are many ideas in it that wiil help. Remember, the strategy is the same as are the tactics. its just the writing on the laws that are different.

This has come from someone I am currently helping with a bank card.

BTW, I am also helping a lady with a Rates (council tax) problem. The conical is using a legal firm so any ideas on how to deal with them would be much appreciated. thanks


DEBT DISCLOSURE STATEMENT

This statement and the answers contained herein may be used by Respondent, if necessary, in any court of competent jurisdiction.
Administrative Remedy Demand No. JAS101085
Notice: Disclosure Statement is not a substitute for, or the equivalent of, the hereinabove-requested verification of the record, i.e. "Confirmation of correctness, truth, or authenticity, by affidavit, or oath, " (Black's Law Dictionary, Sixth Edition, for the alleged debt, and must be completed in accordance with the, Trade Practices Act, Consumer Credit Code, Credit Act, applicable portions of The Bankruptcy Act 1966, and demands as cited above in Offer of Performance. Collector must make all required disclosures clearly and conspicuously in writing for the following:
1. Name of Debt Collector: .................................................................................................................................................
2. Address of Debt Collector: ..............................................................................................................................................
3. Name of alleged Debtor. ..................................................................................................................................................
4. Address of alleged Debtor: ...............................................................................................................................................
Account Number: ..............................................................................................................................................................
5. Debt owed: $......................................................................................................................................................................
6. Date debt became payable: ..................................................................................................................................
7. For this account, what is the name and address of the Original Creditor, if different from Debt Collector?
……………………………………………………………………………………………………………………………………………..
8. For this account, if Debt Collector is different from Original Creditor, does Debt Collector have the bona fide affidavit of assignment for entering into original contract between original creditor and debtor? YES NO
9. Did Debt Collector purchase this account from the Original Creditor? YES NO N/A (Not Applicable)
10. If applicable, date of purchase of this account from original creditor, and purchase amount:
Date: ……………………………………. Amount: $ …………………………………….
11. Did Debt Collector purchase this account from the previous debt collector? YES NO N/A
12. If applicable, date of purchase of this account from previous debt collector, and purchase amount:
Date: ............................................................ Amount: $...........................................................................…..
13. Regarding this account, debt collector is currently the:
(a) Owner; (b) Assignee; (c) Other-explain: ...................................................................................................
14. What are the terms of the transfer of rights for this account? ….................……………………………………………...
................................………………………………….…………………………………………………………………..
16. If applicable, transfer of rights for this account was executed by the following method:

(a) Assignment; (b) Negotiation; (c) Novation; (d) Other - explain: ...............……………………………………..

……………………………………………………………………………………………………………………………….

17. If the transfer of rights for this account was by assignment, was there consideration? YES NO N/A

18. What is the nature and cause of the consideration cited in # 17 above? .....................................................….

…………………………………………………………………………………………………………………………………….
19. If the transfer of rights for this alleged account was by negotiation, was the account taken for value?
YES NO N/A

20. What is the nature and cause of any value cited in #19 above? ....................................................................

……………………………………………………………………………………………………………………………...

21. If the transfer of rights for this account was by novation, was consent given by debtor? YES NO N/A

22. What is the nature and cause of any consent cited in # 21 above?..............................................................

…………………………………………………………………………………………………………………………….

23. Has Collector provided debtor with the requisite verification of the debt as required by the Trade Practices Act, Consumer Credit Code, and Uniform Consumer Credit Code YES NO

24. Date said verification cited above in # 23 was provided to the debtor: ...............................................................

25. Was said verification cited above in # 23 in the form of a sworn or affirmed oath, or affidavit,? YES NO

26. Verification cited above in # 23 was provided debtor in the form of: OATH or AFFIDAVIT

27. Does Debt Collector have knowledge of any claim(s)/defense(s) for this account? YES NO

28. What is the nature and cause of any claim(s)/defense(s) for this account? ..................................................

29. Was debtor sold any products/services by debt collector? YES NO

30. What is the nature and cause of any products or services cited above in # 29? ......................................................…...

31. Does there exist a verifiable, bona fide, original commercial instrument between debt collector and debt

containing debtor's bona fide signature? YES NO

32. What is the nature and cause of any verifiable commercial instrument cited above in # 31? ..................................….

………………………………………………………………………………………………………………………………………..

33. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and

Debtor? YES NO

34. What is the nature and cause of this evidence of an exchange of a benefit or detriment as cited above in # 33?

……………………………………………………………………………………………………………………………………..

35. Does any evidence exist of verifiable external act(s) giving the objective semblance of agreement between debts?

collector and debtor? YES NO

36. What is the nature and cause of any external act(s) giving the objective semblance of agreement from #35 above?

……………………………………………………………………………………………………………………………………..

37. Have any charge-offs been made by any creditor or debt collector regarding this account? YES NO








38. Have any insurance claims been made by any creditor or debt collector regarding this account? YES NO

39. Have any tax write-offs been made by any creditor or debt collector regarding this account? YES NO

40. Have any tax deductions been made by any creditor or debt collector regarding this account? YES NO

41. Have any judgments been obtained by any creditor or debt collector regarding this account? YES NO

42. At the time the original contract was executed, were all parties apprised of the meaning of the terms and conditions

of said original contract? YES NO
43. At the time the original contract was executed, were all parties advised of the importance of consulting a
licensed legal professional before executing the contract? YES NO
44. At the time the original contract was executed, were all parties apprised that said contract was a private
credit instrument? YES NO

Take Notice Debt Collector's failure, both intentional and otherwise, in completing points "1" to "44" above and returning this Debt Collector Disclosure Statement, as well as providing Respondent with the requisite verification validating the hereinabove-referenced debt, constitutes debt Collector's agreement that debt Collector has no verifiable, lawful, bona fide claim for the hereinabove-referenced account, and that debt Collector expressly agrees that debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related for any and all collection attempts involving the hereinabove-referenced alleged account.
Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this Commonwealth that the statements made in this debt collector disclosure statement are true and correct in accordance with the undersigned's best first hand knowledge and belief.

………………………………………………… ……………………………………………………
Date: Printed name of Signatory:


………………………………………………… ……………………………………………………
Official Title of Signatory: Authorized Signature for Debt Collector:

Debt collector must within 28 days complete and return this debt collector disclosure statement, along with all required documents referenced in said debt collector disclosure statement. debt collector's claim will not be considered if any portion of this debt collector disclosure statement is not completed and returned within 28 days with all required documents, which specifically includes the requisite verification, made in accordance with law and codified in the Trade Practices Act, Consumer Credit Code, Credit Act, and applicable Portions of the Bankruptcy Act., and which states in relevant part: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt," which includes "the false representation of the character, or legal status of any debt," and "the threat to fake any action that cannot legally be taken", all of which are violations of law. If debt collector does not respond as required by law, within the 28 days debt collector will be in default and the claim will not be considered and debt collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondent. Allow Twenty Eight (28) days for processing after respondent's receipt of debt collector's response, that are not in default

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Post by gazz73 on Sat Nov 30, 2019 4:33 pm

Hi Ausk it's been a while since I last contacted you,any way how are you. I have kept the DCA at bay now for 4 -5 yrs but every year nearing the end of financial year, they keep sending me a letter with an offer for discount but I totally ignore them do not want to contract with them but I all ways respond back with letters and I did send a Debt Disclosure Statement with last letters.
Cheers gazz73

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Post by mongoose on Sat Nov 30, 2019 9:12 pm

This is excellent, but make sure you put signature etc on the right. and align the text on the right.

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Post by LionsShare on Sun Dec 01, 2019 2:15 pm

this is something very important that all can use in other areas related to what goodf stands for.

Thanks Ausk looks like you have got something well sorted.

I have tried something similar but in a very much cut down version with my endevours over utilities & all I get now is completely ignored. Adding to the record of the parties does nothing as far as these people are concerned.

Even subject access requests here in the UK largley get ignored by the fact what ever you ask for, they will answer with they "think" you asked for.

LS
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Post by Mrblue2015 on Sun Dec 01, 2019 4:42 pm

@LionsShare wrote:Even subject access requests here in the UK largley get ignored by the fact what ever you ask for, they will answer with they "think" you asked for.LS

Yep, one of my SARs has taken months and months. I complained to the ISO who got onto them and then they (the company against which I demanded a SAR) sent me a few odds and sods but not the full SAR. So I'll have to write to the ICO again. All VERY time consuming... And to add insult to injury (as you are supposed to be compensated if you do not get a SAR completed within a month) the ICO said I would have to go about claiming compensation myself independently through the courts etc.
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Post by LionsShare on Mon Dec 02, 2019 12:50 pm

TBH I wish those lazy b'stards would simply answer in full that asked in the 1st place.
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Post by Mrblue2015 on Mon Dec 02, 2019 1:09 pm

@LionsShare wrote:TBH I wish those lazy b'stards would simply answer in full that asked in the 1st place.

I am very sure they (esp original creditors / debt purchasing companies) deliberately make you wait... Remember it’s not in their interests to help you. And as per my example, they will also know that this ‘one month’ timescale is meaningless / difficult to enforce, so again no motivation for them whatsoever to crack on with it.

This is why the moment you hear from a debt purchaser or agent the first time, you really need to immediately get into them with SAR because it WILL take months and you may not have months to spare once you’re too far down the line ie once a solicitor is involved etc.

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Post by LionsShare on Mon Dec 02, 2019 1:23 pm

yes totally agree mrblue, I do more than reasonably comprehend what you have written, as have had experience myself of what they do, but more over for peice for all it would be nice for once just to have that asked for so we can all move on.

Simples.

Anyway watch out for more on A4V soon.

LS
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Post by Mrblue2015 on Mon Dec 02, 2019 6:42 pm

Totally agree, would be nice mate. But I’m a realist haha
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