unable to verify your request for payment

[consumerpada]

Whole conversation is now here http://www.justanswer.com/questions/2id6e-ask-original-contract

[consumerpada]

Just got a letter from Capquest ( re: £660 credit card account)=

Unfortunately I am unable to comment on the issues you have raised as this was prior to us taking on this account......blah.....

......Therefore we are closing this account.

Thank you for taking the time to resolve this matter.



One down. ( only took 6 months and 18 letters )

[consumerpada]

mortgage

When looking at a mortgage instead of verifying the paperwork I am looking in to the process of placing a charge on the land because that is the lynch pin of the whole deal. Even though the mortgage company doesn't mention it at all. If you can prove an administritive error in the application of that charge you'll be smiling.

[bustthematrix]

Well done CP.

You've found ANOTHER angle from which to address the problem. However, DO NOT lose sight of the money trail. Remember that the original perpetrated fraud is when the lender endorses your promissory note and converts it into money and then 'lends' it. This is the crux of your questioning.

Do not let the feeble answers of an ingorant solicitor/barrister on justanswer.com sway you from what you know to be true.

She's now pointed out the fact that the land registry legal charge element is more important than many people think. Hoewever a charge is only granted as security against a proven debt, NOT the other way round!

Have you had any further thoughts/developments since your last post?

[consumerpada]

I know what you mean.
Now I have been to several sources on and offline, and it looks very strong that the judge is looking at the land charge primarily NOT at the fact of original docs ( only applies to mortgages) NOT loans and credit cards..

This has only affected my appraoch in that I am now claiming that the land charge is a result of the original fraudaulant debt.
I am challanging the land charge directly, because it was put there using underhand techniques and is therefore unlawful...But I have started paying again, for the moment. (mortgage only)

To be fair to the justanswer.com solicitor she told what she considered to be the truth and I respect that fact and she also pointed out the land charge issue which I think was pretty good -- cost me £11 anyways .

[consumerpada]

This thread started Fri Jul 24, 2009 1:01 pm in order to see really how long it would take to actually get to court if I flat refused to pay..

Here then what ....two and a half months later I have a court hearing as a direct result of that letter ( which I sent to 3 or four bandidos) the fiat amount is £3500. I am really looking forward to it, it's one of my oldest 'accounts' and ties in to my very first post here on FMOTL.

Because it's a hearing, I'm going to go along with it (so to speak) and present my case for counter claim, based on the facts. Huge paper trail.etc..etc.

Also I have had a letter to the judge intercepted by the clerks, I have post-office evidence for that.

All in all, it's going to be a good day out, one way or the other.

[the_common_law_reverend_kenny]

...as far as the hearing went, which was today It was a bankruptcy petition made by the agent of the agent of the 'alleged' creditor.(approx £3500fiat)

I turned up, all respectfully like, dressed in black, with a waxed black canvas (outback) hat. Electric blue tie, (such is the dress of the oclc in court)

Spoke to the clerk and informed her of the typo on the list, asked her to put rev. before my name.
She obliged. All good.

Was called into the room ( via surname - boo) wherein there was a rather nice looking lady sat at the desk, who I took as the magistrate.

I removed my hat in respect. Good morning 'ses I'

Good morning 'ses she' "Where's the other party?", her mag ses "is this matter resolved?"

'not as far as I know' - me

"mmmm" her mag "maybe there's been a error"

"I'm quite sure there has been ma'am"

“do you dispute the claim” she asks

“I most certainly do, this is no more than the plaintiff attempting to side track my auditing procedures, I have asked for standard proofs...contract...statement of loss and invoice, which has not been forthcoming.” I didn't want to go in to it too much..

“where does this leave proceedings?” I ask.

“well,.. it’s case dismissed” says she.

“And about my expenses?” I said “I had hoped...”

“yes, how far did you come today”

[she then made out an order to the other party to pay my expenses for travel]

“Thank you and good morning to you ma’am” I said..and left.

Result.

(wierd though, i was ready for bizness, (if only they were all like that eh..still... )

[huntingross]

Ha......too good for words.....result indeed.....very well done.

Snappy dress atire too

[BaldBeardyDude]

Firstly, a thousand apologies, Effendi - I missed this until it came to the top! (guilty of pushing 'new posts' too often, yes)

Congrats, m8!! A REAL result for ya rev - obviously, the great lord of common law was watching over you. my son. (I'm allowed, cos I is a rev too innit)

I can't tell you how bloody proud of ya we all are, but you got what you worked for - fair play to ya mucker!

I think a quick bask in this glory may be in order......only a quick one mind!

Brilliant

[the_common_law_reverend_kenny]

Firstly, a thousand apologies, Effendi - I missed this until it came to the top! (guilty of pushing 'new posts' too often, yes)

same.

Cheers. m8's. A journey of a thousand miles begin with just one step...and all that..