DCA solicitors threatening 'charging order' !!

John1993_2

Jayen4 wrote: »

There is a subtle difference tho'.....
The bank gave up on the 'debt'.......and then along comes Mr DCA ,who then 'buys the alleged debt'.....So that means that they are now trying to impose a unilateral (sp?) contract,to which I have never agreed ! They cannot and will not produce any legitimate contract! You see ??

You allowed this when you accepted the terms and conditions.

You are also wrong to assume that you are not subject to obligations to which you did not agree. You have incumbent on you all sorts of obligations that you might not like. Your not liking them does not make them illegitimate.

John1993_2

Hanky_Panky wrote: »

Yes you did, whether you realise it or not. It will have formed part of the original agreement you signed up to - as this was a mortgage it will have been done with the added benefit (to you) of having your solicitor to advise you as well.

I have seen your really very poor argument on here many, many times. I can only conclude that you are:
a) A whack job
b) A troll

He's definitely edging towards "Freeman on nthe land" sort of idiocy now, believing that as long as he does not consent to a law then it cannot apply to him. Unfortunately he did consent to this one.

Jayen4

Hanky_Panky wrote: »

Yes you did, whether you realise it or not. It will have formed part of the original agreement you signed up to - as this was a mortgage it will have been done with the added benefit (to you) of having your solicitor to advise you as well.

I have seen your really very poor argument on here many, many times. I can only conclude that you are:
a) A whack job
b) A troll

Not only are you being very rude,you are also not paying attention !! To spell it out for you,the 'debts' that this DCA is trying to recover relate to a bank loan,credit card and an overdraft......nothing to do with the mortgage !
The only link between the 2,is the fact that the mortgage bank screwed me,so I screwed the other bank !.... They are all part of the same corrupt system,so I had absolutely no compunction about doing it to them ! My vengance if you like.....one thing resulted in the other (actions)...

Jayen4

Brock_and_Roll wrote: »

"Man is born free, and everywhere he is in chains. Those who think themselves the masters of others are indeed greater slaves than they" J-J Rousseau.

I suggest the OP read this famous treatise. A position of complete freedom is impossible to achieve without entering into a social contract. The OP cannot have freedom to live in peace and quiet and the same time I have the freedom to shout and go on muderous sprees. So a society we give up elements of our freedom in order to protect other elements. We have laws (including the long standing rights to equitable assignment of contracts) and we have police, armies etc. These have to be paid for as well, so it could be argued that if you want to live outside the system, you should no longer enjoy their protection.

Interesting.....
That does demonstrate however that the 'system' is now being used to attack the individual ! Far from enjoying their 'protection',they are the ones who are attacking me ! My sworn enemies,if you will ! The 'lunatics have taken over the asylum' !!
I do not wish to impose my wishes/ideology on anyone....in the same vein,I do not accept their imposition on me ! Just leave me alone and we'll get along just fine......

Hanky_Panky

Jayen4 wrote: »

Not only are you being very rude,you are also not paying attention !! To spell it out for you,the 'debts' that this DCA is trying to recover relate to a bank loan,credit card and an overdraft......nothing to do with the mortgage !
The only link between the 2,is the fact that the mortgage bank screwed me,so I screwed the other bank !.... They are all part of the same corrupt system,so I had absolutely no compunction about doing it to them ! My vengance if you like.....one thing resulted in the other (actions)...

Same rules apply whether it was a loan, credit card, bank account, mortgage - you choose it doesn't matter. You signed to accept the terms and conditions, one of which was to have the debt re-assigned.

So which is it; a or b ?

rizla_king

Hanky_Panky wrote: »

Yes you did, whether you realise it or not. It will have formed part of the original agreement you signed up to

Doesn't even matter if there wasn't a clause in the agreement about the debt being sold on.

The Law of Property Act 1925 allows the right to the benefits of collecting debts to be assigned regardless.

Also on an absolute assignment it doesn't require any contract between the new creditor and the debtor, as the assignee has been transferred the contractual and legal rights of the original creditor. They can enforce those rights through the court as if they were the original creditor.

The OP's arguments just fail on so many levels that it is scarcely credible that they are serious.

JuicyJesus

Jayen4 wrote: »

Hmmm......and of course,you have absolutely everything planned to enth degree and can also see x number of years into the future,can you ??
You know,I feel sorry for people like you,where everything must fit into specific little boxes !

Not being able to see the future or plan perfectly does not mean all planning is pointless.

My freezer might break down and ruin all my food the day after I go shopping. That doesn't mean I shouldn't buy any food and starve to death.

However, if you wish to be a test case for living off the grid as an old man, have at it. Just stop recruiting.

Interesting.....
That does demonstrate however that the 'system' is now being used to attack the individual !

If you as an individual had a debt owed to you, you could assign it to someone else too. You have the same rights the bank is using to obtain repayment of money you owe it.

Your understanding of law is quite bizarre.

The only link between the 2,is the fact that the mortgage bank screwed me,so I screwed the other bank !.... They are all part of the same corrupt system,so I had absolutely no compunction about doing it to them ! My vengance if you like.....one thing resulted in the other (actions)...

Analogous to "My wife dumped me because I was f*cking her sister and abusing her, so I've got no compunction about becoming a modern day Jack the Ripper and killing all women."

Jesus wept.

I do not accept their imposition on me !

The simple way to avoid impositions is to repay money you owe. However you seem to believe that that is beneath you.

DevCoder

The OP is obviously a troll

If not, then I'd suggest reading up on Jones v Link Financial Ltd [2012] EWHC 2402

Whilst the case went initially in favour of Jones, the high court quickly turned that one over.

If the assignment is a statutory assignment under section 136 of the Property Act 1925 with notice of the assignment being given to the debtor, the assignee –in this case Link, becomes the “creditor”. The assignor will cease to have any interest, legal or equitable, in the debt, and only the assignee will be entitled to claim or enforce the debt.

The OP stands not a chance in hell in court.

Lieja

Surely if you don't want to be a part of the system then you shouldn't have taken out all of this credit in the first place? Ignorance at the time is no excuse - you should have noticed how 'corrupt' the terms and conditions were at the time, and walked away. If you're adamant about not facing what you agreed to, then what is the point of posting on a forum for advice? You're on the run, I think you've already established that there is no fight.

I'm going to go for attention seeking whackjob.

Jayen4

Well,seemingly,most of you are more interested in character asassination,rather than staying on topic. As I said earlier,I got my answer in the first few posts......
I am neither a 'troll' or an 'attention seeker' (that's the last thing I want ! lol). Obviously, a lot of you don't like my alternative approach,but it works for me. I have first hand experience of the 'laws' corruption,so screw them (and anyone who's pushing the 'corporate' line).
So,I'm done here.....can't be bothered wasting my time anymore,arguing round in circles,with those who refuse to 'see' !

** Note to Admin: Can you please either totally remove this thread or lock it (at your discretion).:(
Thank you.