Unsecured made secured through charges on property :(

[Fiscalawareness]

Hi

can someone give a me a signpost to stopping a charge on your house thread,

 

I owe EGG 15,000 and they have sold the debt on, i can make payments but want to keep away form a charge on my property, they new company is stating they will do this even though im in negative equity.

 

is there an argument against making a unsecured debt, secured,

 

cheers james

[nuke em]

They, the new Company are threatening to do this and can only do anything with your consent- so don't consent!

it's my understanding that a) you could argue in Court that they should not be able to turn an unsecured debt into a secured one and b) if you dont have enough equity then there can be no secured charge applied. ( why, 'cos there can be no security if there is no equity)

 

BUT why not challenge the validity of the their position in the first place. before you go to any court ( remember Games are played on (in) Court!) They are 3rd party interlopers and you do not have a contract with them

 

You might want to send them this

 

 

in Care of:

Your address

Your address

Near: Your post code

 

Name

Address

post code

Of the DCA

 

 

Today’s date

Notice of Request to Cease Harassment

 

Your Reference Number: 123456789

 

Dear ???????,

 

Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.

 

I refer to your letter dated (date)

 

I feel this matter is serious and wish to deal with it in writing.

As 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. I do not have a contract with you and any permission that you believe you may have from me is hereby withdrawn.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to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn.

 

I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. And I believe, should you continue in 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.

 

I am well aware of Section 40, sub-section (3) which you may consider entitles you to proceed. However upon full commercial liability and penalty of perjury you will need to supply the following Proofs of Claims:

 

1. Proof of Claim that your actions are reasonable.

 

2. Proof of Claim that any obligation on my part is due, or believed by you to be due to you, and not to some other party.

 

3a. Proof of Claim that any obligation on my part is to yourself by providing sight of the appropriate contract, or

 

3b. Proof of Claim that any obligation on my part to persons for whom you act by providing sight of the appropriate contract.

 

4. Proof of Claim that any obligation on my part protects you from any future loss.

 

5. Proof of Claim that any obligation on my part is enforcement of a legal process on a Human Being under Common Law jurisdiction, who cannot possibly have such liability under said jurisdiction.

 

6. A hand signed invoice in accordance with The Bills of Exchange Act 1882

 

You would of course need to provide these Proofs, including showing full accounting, if you choose to go to law.

 

Please provide sufficient evidence within ten (10) days from the above date,

Should you provide that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

 

Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer, you will be held culpable; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

 

You will be deemed to have been served notice of my request and I will deem it served three(3) days 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 letter, phone calls and text messages received after this date will be recorded/noted with the intention of them being used as evidence.

 

Sincerely and without ill will, vexation or frivolity

 

 

By: XXX-YYY :of the ZZZZ family

 

Authorised Representative All Natural Inalienable Rights Reserved.

 

-----------

notes on this Doc... the bits in red are important to you, send exactly as is, read below

 

Do Not sign this letter, there is no need to sign anything that is not a contract

 

 

At the bottom of the document if your name is John Smith

You print John:of the Smith family

 

if your name is John Martin Smith

Your print John-Martin: of the Smith Family

 

Use uppercase/lowercase exactly as on the document for the RED sections.

 

also look at the address section in RED

 

the "In Care of:" your address

 

"Near" your postcode

are important also

Edited July 28, 2009 by nuke em

[Fiscalawareness]

hmmm now thats a thought i will try that thanks

 

my understanding is that more companies are pushing for charges on even negative equity.

 

thanks james

[nuke em]

hmmm now thats a thought i will try that thanks

 

my understanding is that more companies are pushing for charges on even negative equity.

 

thanks james

 

Of course it's all about CONSENT , if you consent to it, they will!

 

just going to their court is Your consent to be bound by their rules!

[Fiscalawareness]

ah so your saying if they are going to take me to court, take them first and ask the judge to create a payment plan thats fiar and i will not get a charge on my house ?

[debbbbsy]

Hi,

 

Do they have a CCJ for the £15k ?

 

Debs

[Fiscalawareness]

no just a deafualt

[nuke em]

ah so your saying if they are going to take me to court, take them first and ask the judge to create a payment plan thats fiar and i will not get a charge on my house ?

 

No , i am saying dont go (consent) to go to court in the first place

 

read from here onwards

study the links i gave in the thread

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2322833.html