nuke em
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Posts posted by nuke em
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Nuke em, I think you're living in the wrong country. Really?
America seems much more like the right arena for your theories as your links seem to originate over there. The last time anything like this succeeded Che Guevara lead the revolt for the free man. Although he died his ideals live on in Cuba, but its not my idea of utopia. The purpose of this thread was to show the lie that is "money" & that 97% of "Money" is created as debt, this is the same pretty much throughout the Western world, in fact anywhere where you have a Private for Profit Central Bank as we have and so do the yanks ! so its the same system. I'm not interested in Che or Cuba , however i would like our Treasury to issue money without debt (remember this is a debt forum , how did we all get here i wonder?) instead of the Private for Profit Bank of England .
I love the idea of overturning the mega powerful elite's control over our daily lives, but it ain't gonna happen in our lifetime. It will if we just say NO, collectively. we have the power ,its just that most dont know (yet) I do appreciate your sense of humour though! , thanks !
see all above
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Might I suggest that you check some of your facts in this letter first. You Too!!!!
Your contract is with the creditor or whoever it has been assigned to. They have the right under that contract to use debt collectors if they so wish. So you do not need to have a contract with the debt collector.
The "Contract", apart from being a fraud in Factum in the first place, are governed under the Laws of Contract. 100% of these are never properly assigned regardless of what they say. For a contract to be assigned it has to be registered ! . OC/DCA dont bother with that, they just say it has been assigned! They send Notice etc, its ALL BLUFF, smoke & mirrors to make YOU believe ( and apparently you do)
You may be of that opinion, but if you have a look at some recent court cases, the amount of harassment really does need to be very excessive before the courts will act - You maybe correct but there is no harm is stating it, after all we want these interlopers to go forth and ....
This Act was repealed in 2006, Oh well , but this section is still doing the rounds (allover CAG) & anyway it the least important part of this Notice
It would only do so if their intention was to cause you annoyance or needless anxiety - it isn't as their intention is to collect a debt. OMG , you sound like one of them. tell that to the familys & poor unfortunates whose family members have killed themselves over alleged "debt"
This is wrong as it will have been in the original contract that they can share your data. Oh really and they have the orig contract to prove that do they ? thought not! it long gone, its been sold off & securitised by the OC
Have you not read this Act? :-
(3) The third party must be expressly identified in the contract by name, as a member of a class or as answering a particular description but need not be in existence when the contract is entered into.
The original contract would have identified debt collectors and this is sufficient to meet the requirements of a class or particular description
Wrong, they have to be named in the original contract otherwise the Contract would be null & void due to variable terms. You cant just vary terms of a contract after its inception.( without the agreement of the parties) also have you read....
"Section 6. Section 1 confers no rights on a third party in the case of a contract on a bill of exchange, promissory note or other negotiable instrument" this as i said is THE most important part !!!
A consumer credit agreement is none of the above
The Consumer credit act , is just an Act given the force of law by consent. it still sits UNDERNEATH contract law. Everything does
everything is Contract, and if you know how to sort out the contracts then you can sort your affairs out.
Finally, My friends & I use this and variations of this all the time. It stops them their tracks! it works for us, thats all i can say
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Hi,
I have received a couple of letters for debts that are being chased by debt collection agencies. I have a number of creditors and have been dealing with them for some time so this in itself does not concern me. However these two particular accounts have been passed to new collection agencies and they have both sent notices of assignation along with their letters introducing themselves. Should the DCA be sending this on their own paper or should the notice come from the original creditor??
Thanks,
Pubman1
i bet they are not really assigned, ie registered as assigned. Lots of Companies play this game . I never seen one registered yet. They all lie,
its a bit like this i send my Building society Notice that i have assigned my Mortgage to "Bob Smith". Is it really assigned just because i have sent my B/Soc a Notice of assignation ? no i dont think so.
you might want to send them this.
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Remember ALL third parties are interlopers, they have no legal standing! their methods are fear & intimidation . None ever have a registered assignment of the orig contract ( they cant. its long gone, sold off and securitised by the OC),
all are just chance'rs... hoping that you will just say YES to even a little amount pw/pm etc. They are just trying to get you into CONTRACT! Thats why they call you , to try & get you into some form of (verbal) agreement.
THats also why they record calls to prove the tacit agreement of the contract you just entered into verbally!
and remember agreement of the parties = Contract ! bingo, they got ya into a Contract to "pay"!
My advice is to tell them ( in writing) to naff off and to say NO. and NEVER talk to them on the phone, EVER!!!!
We have the power to say NO to these bottomfeeding scumbags
you should also be billing them for your valuable time dealing with their crap. As they have no legal standing & no right to interfere in your commercial affairs!
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mr blue sky!
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I feel it is important to read Acts of Parliament as a whole, and not just sections therein. With this in mind and with respect, S7(1) Contracts (Rights of Third Parties) Act 1999 specifically states that the Act does not affect any other remedy available to third parties, outside the Act. That being said, any legally recognised form of assignment would be a valid exception to the Act.
Furthermore, under the common law principles of equitable assignment, there is no requirement for a notice of assignment, and when the "debts" are sold, I am certain that some paperwork would be in place. There is a need for such a document (notice of assignment etc.), however, under the Law of Property Act.
Whether or not we believe their contentions of having deeds of assignment etc. in place, the courts have repeatedly shown a willingness to accept the documents of this nature placed before them.
Given the number of top barristers, solicitors etc. who earn their money defending claims from DCA's, I feel certain that more than one of these highly trained people would have picked up on the simple issue of third parties; and DCA's would not ever win in court.
Whilst I think it is fantastic that you have successfully used this letter; the purported facts within it are flawed. On that basis I respectfully think it is somewhat negligent to recommend its use within a public forum.
Obviously you are perfectly entitled to your opinion, but I would hate to think that any person on the forum was being given false information. If the contentions within the letter were to be true then, as said before, no DCA would ever have a chance in court; and we need not ever bother checking if agreements etc. are valid; because a simple "you are a third party" defence would suffice. This is not the case.
Cheers.
UF
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another point on this 3rd party etc. The actual "note", has to be available as proof that the debt exists, as we both (should) know this cannot be produced, as it is long gone and if it was produced, it would show clients promissory note, converted to a bill of exchange. So how can anything be assigned when it cannot be proven to exist?
The value of the funds/loan were created by the Applicants signature, the so called lending institution cannot prove they lent their funds because they didnt !!!!!!
Also see my reply to your other posting.
I/We stay in the Private and look for Private remedies. We dont need to go anywhere near a court, ( the Public) Games are played on Courts - And this is the profession you now as a mature student aspire to? You will become part of "them". the machine, the Problem. I have seen enough crap/ injustice regarding debt/money/banks in Courts to know it is nothing but a stage upon which actors play their roles. Most are one way or another under the @sway@ , to put it mildly of the Banksters. You want to join the Law Society, fine but i have no use for a Society like that, i didnt subscribe to their silly Rules. i have inalienable rights, thats all i need!
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nuke em
You wouldn't happen to be a freeman on the land,by any chance?
Moi ? Je Suis un SOVEREIGN !!!!!!!!!!!!!!!!!
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having been to university and studied the "bleedin obvious" Nurse Nurse, Dick y needs his meds! he thinks he went to a Uni
!why would britain not do the same instead of using nuclear weapons- then we'd all be in the dark (just like you) Hey Dick, dont shoot me i'm just the messenger, all i'm saying is that things/the world is changing , big time, all the old beliefs/values etc are going to change, thats all, ya should have picked that up from the Celente vids as well
alternatively , if the chinks did that- who would they sell all their tat to? - dunno, their own population? 1.4 Billion & counting
finally, by 2050 my lights will already be out!. Nite Nite !
1234
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OK. I'm not going to get into a slanging match, as that would far detract from the purpose of this thread and the other thread on which we have communicated. I have placed my thoughts forwards and it is up to the OP what action they take.
For the record, I am a mature student. Perhaps you should not be so presumptuous regarding peoples age and/or life experience. that maybe so, but you said yourself you are a FIRST Year student!
I shall not respond further in this game of verbal tennis.
I shall respond as and when the OP needs any assistance.
Cheers.
UF
ok fair enough but you did say that my route was not the one to go down, & it works just fine for me!
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Cripes Nuke Em thats as heavy as Death Metal me old son:!:, you sure i can send something like that?. Oh yes i would like to very much indeed, being one who cherishes things from the dark side ( i jest)
I'll continue my approach with the debt being in dispute with Equidebt, and send the cca too.
Failing that, you get my next vote; guess what, no signatures !
By the way my phones gone quiet, wonder what the t..ts are up to?
Oh yes & i do all the time to any DCA , third party interlopers etc , i even have a more robust version which contains words that i cant post here.
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Hi Nuke, whilst I am in every way entirely for taking on and beating DCA's and their horrible tactics; I am also for giving accurate and true information. If you look at my previous posts, this is clear.
Can I ask where that letter came from? I've seen it in another thread and was just about to reply to that one when this one popped into my email box as well? its one that has been used very successfully by myself & a few freinds
Some of the information in that letter appears, to me, to fatally flawed.
For example; the common law doctrine of privity of contract does apply to these such cases; however, this prevents parties from suing for damages under a contract, or suing to enforce a contract.
There is common law exception in the form of assignment. This essentially means that the benefit of a contract can be assigned to a third party (an equitable assignment). This form of assignment means that any court action must be brought in the name of the original creditor.
There is also an absolute assignment, as under S136 Law of Property Act 1925. This again allows the benefit of a contract to be absolutely assigned to a third party; whereby that third party can sue (in their own name) for the benefit owing under the contract.
As stated previously, the third party cannot sue for damages relating to the breach of contract (non-payment) but can sue for the benefit owed under the contract (the outstanding money). i think you need to read up more on the S1 Contracts (Rights of Third Parties) Act 1999 which sets out the circumstances in which a third party may seek to enforce the terms of a contract. remember most DCA's do not have absolute title, just an equitable chance -theri-arm position at most, and NONE that i have come across have a deed of assignment , even when they say they have, they just lie about it, not seen one yet
On the basis that the benefit of such contracts can be assigned, it seems highly unlikely that any court would consider communication by writing unreasonable.
Having said this, the letter is accurate in that you do have the right to revoke license for people to contact you on your telephone line. As do you have the right to revoke license for people to visit you on your premises.
Finally, the fees stated at the bottom would, in my opinion, be held in any court to be wholly and completely unreasonable. In my opinion any court would hold you in very poor light for making such demands. why ?, these are my reasonable fees dealing with their crap. isnt that after all what they do? pile on excessive fees , charges etc for nothing, PLus who ever said anything about going to Court, that the last place i would think about going, i like to keep everything in the Private not the Public ( courts)
I would certainly never recommend sending that letter; owing to the points above, to name but a few. I & my associates have been sending this letter ( and slightly different variations for the past 4 months & its working, just fine)
I would stick with the opinions stated in my previous posts and see what comes forth. That way if the matter ever does get to court, the OP can be in the best position possible.
Cheers.
UF
see above,
BTW this is principly for getting rid of third party DCA & sols etc. if they persisit then i get real heavy with them & turn their invaild claim into my valid claim
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i gave all my belongings away to a charity
the destitute DCA fund i think it was called!
Good Man! i personally would have picked a better charity , but i'm not you
now read this
China will soon have the power to switch off the lights in the West - Telegraph
you might want to pick up on what Gerald Celente has to say about this year, he is the world leading expert of Trends, via his trends institute
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happy new year nuke em!
and what is your conspiracy theory for christmas? i am sure the turkeys cannot be all that innocent a party in the proceedings? what are they up to?
And the same to you. Turkeys are further down the ladder than us Humans, that's why we eat them not they eat us.
BTW did you personally follow the advices given in post 259 on this thread ? ,
also there no conspiracy theorys, nothing to see here, move right along!
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Hi nuke em...
I think you'll find this interesting... it is beginning to happen and
I believe this is why the powers that be seem to be in one hell
of a hurry to get the World Government installed. Brown seems so
keen on calling these international meetings....
charlie
Charlie, goto the link on post 281, listen & learn what they are saying, thats where i'm at
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send them this, take out the bit in RED as that is only if you were sending to Solicitors
sender name and address
Sent Registered mail
Solicitors or debt collectors
address
FORMAL NOTICE
Re:
Dear Sir/Madam,
I have received your unsolicited letter dated xxxxx (copy enclosed()
I wish to clarify your position in this matter.
You are a third party intervener in this matter acting without authority, I DO NOT give you permission to interfere in my commercial affairs as you have no legal standing. We do not have a contract and any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn.
As professional solicitors you well know that an affidavit address to a specific person with specific statements can only be rebutted point by point by the person so addressed who has personal first hand knowledge of it.
Which - means, in case you had not noticed, it was not addressed to you or your company.
It is neither judicial, nor is it a threat, nor is it proceedings. It has nothing to do with the you, the court or any judicial system as it is as stated above.
So your statements allegations, of abuse of court process, wasteful litigation etc., are in the light of the above - pointless.
I am now formally requesting that you cease all correspondence including but not limited to; letters, phone calls and text messaging.
I am familiar with the terms of Section 40 of the administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe, should you continue contacting me after my request for you to cease your activity, that you will be guilty of harassment and blackmail and you will be in breach of these acts and you will be reported to the relevant bodies.
Please note that if you contact me by telephone, after a formal request not to, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such I will report you to both Trading Standards and The Office of Fair Trading and take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.
Finally, you do not, nor have you ever had, my permission to use or process my personal data in any way and pursuant to the Data Protection Act 1998, I hereby demand that you cease use of any and all data with regard to me and that you immediately destroy all of my data held on your records. You will confirm this action in writing to me within 14 days of receipt of this official request which is being sent to you registered mail. Failure to do so will result in a report being submitted to The Information Commissioner for Data Protection breaches.
Notwithstanding the fact that I do not, have not and will not consent to your interference in this matter, am I not correct is stating that any ‘contract’ that I might have with ( insert name of orig creditor) is governed by the Contracts (Rights of Third Parties) Act 1999?
Am I also not correct in stating that S1 Contracts (Rights of Third Parties) Act 1999 sets out the circumstances in which a third party may seek to enforce the terms of a contract?
As no third party was expressly identified by name as required under Section 1, Sub-sections 1 - 3 of the above Act you are not a third party to the contract and have no rights in this matter.
And;
Section 6. Section 1 confers no rights on a third party in the case of a contract on a bill of exchange, promissory note or other negotiable instrument.
You are therefore in serious breach of the common law Doctrine of Privity of Contract.
You will be deemed to have been served notice of my request and I will deem it served (3days) from the date of this letter. This has been sent by recorded delivery. I am advising you that any communications from you including but not limited to letters, phone calls and text messages received after this date will be recorded/noted with the intention of them being used as evidence.
I recommend you actually read what is written here and I would suggest you take legal advice as it seems to me you could do with some.
Under the circumstances should you continue this approach I reserve the right to take appropriate Action.
Formal notice of fee schedule to XXXXX DCA
For unlawful unsolicited interference in my commercial affairs.
1 For each unsolicited phone call £100.00
2 For each unsolicited letter of harassment £100.00
3 For each letter that I have to write to XXXXXXXX due to
unsolicited letter/s of harassment £200.00
4 For each letter I have to write to ICO regarding XXXXXXX’s
unlawful letters of harassment £250.00
5 For each letter I have to write to the Office of Fair Trading £250.00
6 For each letter I have to write to
7 For each letter I have to write to Trading Standards £250.00
8 For each letter I have to write to the Police £250.00
9 For each court appearance £1000.00
10 For each phone call I have to make to the relevant bodies £75.00
(plus £300.00 per hour or part thereof £5.00 per minute)
11 For each and any legal counter claim £3000.00
This fee schedule effective from the date of this Notice and will initiate upon the receipt of any further unsolicited letters or communications from XXXXXXXXXXXXX.
Yours Faithfully,
______________
All Rights, Privileges and Powers Reserved Without Prejudice
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By 2011 or 2012 at the latest there will be no such thing as a credit rating ( or for that matter credit ref agency's)
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prepare a case for damages caused by this harrassment IMO
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if you have a symbian software version s60 phone, most Nokia are , then a piece of software called " Advanced call mananger" works a treat, it will deal with all silly calls like that for you. very programable , deals with Voice, Txt & unwanted MMS etc, brilliant
here are a list of the phones it works with
S60 (software platform) - Wikipedia, the free encyclopedia
do a google search for "advance call manager webgate" for vendors of this software, i have been using it for 18 months now, brilliant
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send the slime balls this ( take out the piece in RED, thats only if who you are sending to are Solsicitors). Also this is a std letter, all they know is that you live there, via the voters Roll, not whether you are a homeowner or not. Its all down to keeping the fear in your mind going!.
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sender name and address
Sent Registered mail
Solicitors or debt collectors
address
FORMAL NOTICE
Re:
Dear Sir/Madam,
I have received your unsolicited letter dated xxxxx (copy enclosed()
I wish to clarify your position in this matter.
You are a third party intervener in this matter acting without authority, I DO NOT give you permission to interfere in my commercial affairs as you have no legal standing. We do not have a contract and any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn.
As professional solicitors you well know that an affidavit address to a specific person with specific statements can only be rebutted point by point by the person so addressed who has personal first hand knowledge of it.
Which - means, in case you had not noticed, it was not addressed to you or your company.
It is neither judicial, nor is it a threat, nor is it proceedings. It has nothing to do with the you, the court or any judicial system as it is as stated above.
So your statements allegations, of abuse of court process, wasteful litigation etc., are in the light of the above - pointless.
I am now formally requesting that you cease all correspondence including but not limited to; letters, phone calls and text messaging.
I am familiar with the terms of Section 40 of the administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe, should you continue contacting me after my request for you to cease your activity, that you will be guilty of harassment and blackmail and you will be in breach of these acts and you will be reported to the relevant bodies.
Please note that if you contact me by telephone, after a formal request not to, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such I will report you to both Trading Standards and The Office of Fair Trading and take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.
Finally, you do not, nor have you ever had, my permission to use or process my personal data in any way and pursuant to the Data Protection Act 1998, I hereby demand that you cease use of any and all data with regard to me and that you immediately destroy all of my data held on your records. You will confirm this action in writing to me within 14 days of receipt of this official request which is being sent to you registered mail. Failure to do so will result in a report being submitted to The Information Commissioner for Data Protection breaches.
Notwithstanding the fact that I do not, have not and will not consent to your interference in this matter, am I not correct is stating that any ‘contract’ that I might have with ( insert name of orig creditor) is governed by the Contracts (Rights of Third Parties) Act 1999?
Am I also not correct in stating that S1 Contracts (Rights of Third Parties) Act 1999 sets out the circumstances in which a third party may seek to enforce the terms of a contract?
As no third party was expressly identified by name as required under Section 1, Sub-sections 1 - 3 of the above Act you are not a third party to the contract and have no rights in this matter.
And;
Section 6. Section 1 confers no rights on a third party in the case of a contract on a bill of exchange, promissory note or other negotiable instrument.
You are therefore in serious breach of the common law Doctrine of Privity of Contract.
You will be deemed to have been served notice of my request and I will deem it served (3days) from the date of this letter. This has been sent by recorded delivery. I am advising you that any communications from you including but not limited to letters, phone calls and text messages received after this date will be recorded/noted with the intention of them being used as evidence.
I recommend you actually read what is written here and I would suggest you take legal advice as it seems to me you could do with some.
Under the circumstances should you continue this approach I reserve the right to take appropriate Action.
Formal notice of fee schedule to XXXXX DCA/SOLICITORS-who ever
For unlawful unsolicited interference in my commercial affairs.
1 For each unsolicited phone call £100.00
2 For each unsolicited letter of harassment £100.00
3 For each letter that I have to write to XXXXXXXX due to
unsolicited letter/s of harassment £200.00
4 For each letter I have to write to ICO regarding XXXXXXX’s
unlawful letters of harassment £250.00
5 For each letter I have to write to the Office of Fair Trading £250.00
6 For each letter I have to write to
7 For each letter I have to write to Trading Standards £250.00
8 For each letter I have to write to the Police £250.00
9 For each court appearance £1000.00
10 For each phone call I have to make to the relevant bodies £75.00
(plus £300.00 per hour or part thereof £5.00 per minute)
11 For each and any legal counter claim £3000.00
This fee schedule effective from the date of this Notice and will initiate upon the receipt of any further unsolicited letters or communications from XXXXXXXXXXXXX.
Yours Faithfully,
______________
All Rights, Privileges and Powers Reserved Without Prejudice
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i'm not going down the Court route (Public) , as i said games are played on courts and the dice are loaded ( against us) . I am am looking for my remedies in the Private.
oh yes i have had some very interesting sqirmish responses from banks & other "lenders" . one or two are dealing with my paperwork as if it is a "Hot potatoe" and they don't want to be holding it. Its all about getting the power back to the Man or Woman, no some dumb a*s corporation!
If you are at the begining of your Journey then i suggest a lot of studying is in order. My route is quite a bit different from the becoming-main-stream that is here on CAG ( although this is a very fine place to start your education)
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You can't deal with the Courts, they are not there to help you but to make a profit as they are ALL corporations!!!! ( all Ministry of Justice DBA whichever court etc) . i keep everything in the Private, I don't go near the Public (courts)
the Purple colour should tell you all !!!!! ( geddit)