Invited to Court - HELP!

Re: Invited to Court - HELP!

Postby chalkiex » Thu Apr 22, 2010 11:11 am

I'm thinking of having an opening statement to the effect of:

Day at court:

On date, I made a formal request for a true copy of the Credit Agreement for the alleged account under the Consumer Credit Act 1974 Sections 77/78.
CL Finance failed to comply with my requests…

Please note the following:

Section 77(6), of the Consumer Credit Act 1974 states:

“If the creditor fails to comply with Subsection (1)(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

Under the terms of statute law the Claimant has failed to comply with a lawful request for a true, signed copy of the said Credit Agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

Consequentially any legal action they continue to pursue will be averred as both unlawful and vexatious. Furthermore I shall counterclaim that any such action that constitutes unlawful harassment to the sum of 3 times the alleged debt, plus costs for emotional distress and harassment.

Furthermore CL Finance should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a Credit Agreement is a very clear dispute and as such the following applies:

▪ CL Finance may not demand any payment on the account, nor am I obliged to offer any payment to them.

▪ CL Finance may not add further interest or any charges to the account.

▪ CL Finance may not pass the account to a third party.

▪ CL Finance may not register any information in respect of the account with any credit reference agency.

▪ CL Finance may not issue a default notice related to the account.

▪ CL Finance must remove information logged with any agency which CL Finance claim CL Finance assert the rights to.


What do you think? Should I add anything about them not responding to the CPR31 request...

Thanks,
Chalkiex.
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Re: Invited to Court - HELP!

Postby strawmansarah » Thu Apr 22, 2010 11:19 am

Personally I'd let them TRY to get jurisdiction over me..... :giggle:

THEN I'd put them on their Oath :giggle:

Game over... :cheer:

But that's up to you.

No point in playing the 'legislation rules' game. That's designed to ensure you fail! :police:
[url]http://www.lulu.com/shop/the-lioness/so-they-say-you’ve-broken-the-law-challenging-legal-authority/paperback/product-18485231.html[/url]How to challenge the authority of anyone who claims you have broken the law.
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Re: Invited to Court - HELP!

Postby chalkiex » Fri Apr 23, 2010 11:21 am

strawmansarah wrote:Personally I'd let them TRY to get jurisdiction over me..... :giggle:

THEN I'd put them on their Oath :giggle:

Game over... :cheer:

But that's up to you.

No point in playing the 'legislation rules' game. That's designed to ensure you fail! :police:


How would you try and let them get jurisdiction... this is my first time doing this...
How do I put them on their oath if things start heading south?

If they file against me anyway, what then?

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Re: Invited to Court - HELP!

Postby Arten » Fri Apr 23, 2010 1:47 pm

At the moment all mail coming in from dca's solicitors I regarde as unsolicited and Refuse For Cause and post them back return to sender unopened. I will do the same if I get any invitation to their corporate courts.
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Re: Invited to Court - HELP!

Postby no_ta » Fri Apr 23, 2010 8:36 pm

chalkiex wrote:There has been much going on with case...

I first have to say how disapointed I am by the lack of support I've had from my fellow freemen/women, if it wasn't for the handy assistance of Free I think I wouold be completely fooked..


A few years ago a solicitor wrote a letter for me using the word 'novate', this means to involve me and to consult with me when an obligation changes, therefore in your case the situation may not have been 'novated', unless of course they did inform you of their intentions and clearly stated your obligations?

Hope this helps.
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Re: Invited to Court - HELP!

Postby Prajna » Sat May 01, 2010 11:13 am

Hi Chalkie,

sorry, I'm still catching up with posts on the forum and have only now seen this thread. I'm not so far from Bournemouth and would be happy to come along to any future court dates, to lend moral support at the very least.

Do you have anything further to report?
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Re: Invited to Court - HELP!

Postby strawmansarah » Sat May 01, 2010 11:54 am

chalkiex wrote:How would you try and let them get jurisdiction... this is my first time doing this... How do I put them on their oath if things start heading south?
1) i would NEVER try to let THEM get Jurisdiction. It's THEIR 'job' to 'try' yp get Jurisdiction. As a HUMAN, it's your job to prevent them getting LEGISLATIVE Jurisdiction, and not LAWFUL Jurisdiction. That's the whole point... to PREVENT them from having Legislative Jurisdiction!!!

2) To Put a maj, judge, officer of the 'law' etc on oath RIGHT AT THE VERY BEGINNING BEFORE YOU/THEY DO/SAY ANYTHING:

“Under God, so help me God. That was your Oath. I accept your Oath and I acknowledge it. And I hold you to that Oath, and now we have a binding contract. You are sworn to serve and protect me, and I appointed you to your office, in these affairs, to uphold all my indefeasible Rights, and to protect me from the criminal conversion of the civil statutes of the State of England. Are you prepared to do that, or to recuse yourself?”

Plenty of more advice on this forum. Maybe take a peek at the threads on the main board under 'Courts'.

Very best of luck.
[url]http://www.lulu.com/shop/the-lioness/so-they-say-you’ve-broken-the-law-challenging-legal-authority/paperback/product-18485231.html[/url]How to challenge the authority of anyone who claims you have broken the law.
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Re: Invited to Court - HELP!

Postby Arten » Sun May 09, 2010 2:14 pm

I would say that using Notices to try and get estoppal just plays into their hands and remember if they get you under their jurisdiction you will ALWays LOSE because you were legally declared dead in 1666 and their corporate courts are there for one reason only, to extract fiat currency from you.
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Re: Invited to Court - HELP!

Postby chalkiex » Thu May 13, 2010 8:21 am

Court adjourned again...

I have a couple of these on the go now, but as I've been going down the statute route and dealing with 3rd party collectors I feel really out of my depth...

There is so much conflicting advice: "put them on their oath" or "use the statutes"

I don't know if I'm coming or going... I'm so far down the statute route that I find it hard to see any other way to deal with this, I'm sinking here.

If there is anyone in Bournemouth who really knows what they are doing, I'd really like to meet up and try and get a handle on this before my head caves in.

Regards,
Chalkiex.
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Re: Invited to Court - HELP!

Postby emerald city » Thu May 13, 2010 10:11 am

To: chaliex.
cc. to Strawmansarah.

I personally think you should p.m. strawmansarah. I think she could help us both. She is very "cut to the chase" in her advice. Which I like.

Strawmansarah ? this last option, i.e. having to go to Court, has now to be handled VERY, VERY cleverly. That's why we have to have very, very clear instruction. Right down to whether you even enter into the Court !! (why the f... am I giving that a capital letter!) Keep me posted chaliex and strawmansarah. :yawn: :yawn: :yawn:
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