what is YOUR opinion of this?

[SXGuy]

Forgive me if its in the wrong section, tried looking for a semi-offtopic section but couldnt find one.

Before i found this site, i was lead to another site called http://www.getoutofdebtfree.org/

They take a slightly different view regarding debt, some of which i am unsure of whether it would work or not.

But basically they use common law to argue that DCA's are third party interlopers with no first hand knowledge of the debt, and as such, use a 3 letter tacit agreement whereby they would have a counterclaim against the creditor, should they decide to take it further.

They have a few options to try, one is trademarking your name, therefore if anyone writes to you without your consent, you have a counterclaim for copywrite infringement.

using things such as Notice of Irrevocable Estoppel by Acquiescence.


The thing that bugs me is, it seems a lot of what they use, speaks of the bills of exchange act, which is fine if the debt fits under that bill, but i dont see how it relates to credit cards which falls under the consumer credit act.

Your thoughts?

[Never-In-Doubt]

Re: what is YOUR opinion of this?

What a croc of shyte

Sorry but it is.

[oscar]

Re: what is YOUR opinion of this?

Plus if you read a couple of the forum threads - I just have - they keep directing users to MSE and CAg as they have "lots uf useful legal info"

[BBoo]

Re: what is YOUR opinion of this?

Not too sure I like this bit, given eveything they have implied up until this point. I wonder how many have been drawn into this and found the quotation below was their situation:

However, borrowers with serious debt problems, may find that this is unworkable, as different creditors to which money is owed all ask for unrealistic amounts. In a situation like this, the borrower should seek professional free debt advice to enable them to negotiate with their creditors and establish a realistic and regular repayment plan.


It is a dangerous route to take, as is any argument using Common Law. There are many such arguments - the common one is using your 'Strawman' or Legal Fiction to deter creditors and avoid almost anything.

Common Law is exceptionally complex, and while a real expert may be able to avoid some things, a novice should never try to follow a fixed formula like this. They are likely to end up in far more trouble than it's worth.

There is only one Cout de Jure in this country, in Torquay, and while legally established, it is not my belief it holds any real legal jurisdiction. The remainder of the courts are Courts de Facto. This means people who try using these methods are going to be tried under Statute Law and so it is highly unlikely the arguments put forward here will work.

[oscar]

Re: what is YOUR opinion of this?

And the ENTIRE site is run by two mods

[Never-In-Doubt]

Re: what is YOUR opinion of this?

And the ENTIRE site is run by two mods

Ours is run by one!

[SXGuy]

Re: what is YOUR opinion of this?

Thanks for that guys.

I admit it all did seem abit too good to be true.

I have read alot about the strawman and legal fiction, i think it works great for things like penalty notices etc.

To be honest, anyone whos tried this and won, has probably won because the creditor doesnt have the correct info to take legal action, moreso than the actuall templates working.

One thing that did interest me was the trademark copywrite area, im sure that infringement of copywrite would work in some instances.

Probably comes down to whether certain creditors want to run the risk of a counterclaim amounting to millions over a few hundred quid of debt.

There is only one Cout de Jure in this country, in Torquay, and while legally established, it is not my belief it holds any real legal jurisdiction. The remainder of the courts are Courts de Facto. This means people who try using these methods are going to be tried under Statute Law and so it is highly unlikely the arguments put forward here will work.

I agree, and they would, and have argued in the past, that if you do not reconise a county court as being lawful, they can not continue with the case, this seems abit funny to be because you can be tried in your absense in almost all court cases, county courts are no different in my view. Plus id love to see someone argue to a copper coming to arrest you that he wants your legal fiction and not you. lol

[pompeyfaith]

Re: what is YOUR opinion of this?

Ours is run by one!

One in that we are all pulling in the same direction

[oscar]

Re: what is YOUR opinion of this?

Ours is run by one!

and his name, is Stevieb

[Paul.]

Re: what is YOUR opinion of this?

Forgive me if its in the wrong section, tried looking for a semi-offtopic section but couldnt find one.

Before i found this site, i was lead to another site called http://www.getoutofdebtfree.org/

They take a slightly different view regarding debt, some of which i am unsure of whether it would work or not.

But basically they use common law to argue that DCA's are third party interlopers with no first hand knowledge of the debt, and as such, use a 3 letter tacit agreement whereby they would have a counterclaim against the creditor, should they decide to take it further.

They have a few options to try, one is trademarking your name, therefore if anyone writes to you without your consent, you have a counterclaim for copywrite infringement.

using things such as Notice of Irrevocable Estoppel by Acquiescence.


The thing that bugs me is, it seems a lot of what they use, speaks of the bills of exchange act, which is fine if the debt fits under that bill, but i dont see how it relates to credit cards which falls under the consumer credit act.

Your thoughts?

erm,

two hopes, and one of thems Bob.

Sorry but i have never seen this line of argument work and i know a lot who have tried.

[Never-In-Doubt]

Re: what is YOUR opinion of this?

and his name, is Stevieb

If you believe that, fair enough

[SXGuy]

Re: what is YOUR opinion of this?

I think we all agree then that it wouldnt work lol

The whole strawman, legal fiction is an interesting discussion though.

For example, freeman's believe that your birth certificate is basically a corperate registration.

And they explain really well how statue law today derived from maritime law, which is why we, stand in the dock at court, etc.

May not help with debt, but its really interesting to see the history behind law, and debt.

[GlobalC]

Re: what is YOUR opinion of this?

I found some quite interesting vids on you tube regarding this, however i wouldn't ever want to try this with my debt, would think i'd just be asking for a whole heap of more trouble

[Never-In-Doubt]

Re: what is YOUR opinion of this?

I found some quite interesting vids on you tube regarding this, however i wouldn't ever want to try this with my debt, would think i'd just be asking for a whole heap of more trouble

I totally agree

I watched a YouTube video where a man cut his leg off cos it was "itching" him.

Doesn't mean I'd do it if I had an itch

[garlok]

Re: what is YOUR opinion of this?

I think we have had these Common Law type discussions before. Does not the Statute to all intents and purposes preclude any Common Law remedy for regulated agreements?

What a bloody stupid piece of so called advice to give to anyone on an open so called help forum. Its no wonder the financial sector believe they can walk all over us

regards
Garlok