10 Feb 2014 12:12:11
Question for Ed033, when time permits.

I know you have a pretty outstanding understanding of common law, although I think this falls under contract law.

Hypothetically, if I owed a bank money, and that bank wasn't able to regain the funds and was forced to onsell the debt, to a debt collection agency, do I legally owe the debt collector the cash. I mean I signed no contract with the debt collectors stating I would repay them any cash, and so have not accepted any responsibility to pay.

Obviously can't expect you to walk me through every detail, but any information would be greatly appreciated

Melbourne CFC

{Ed033's Note - You have it correct. When it is sold on, the alleged debt is forgiven. Therefore if a debt collection agency sends you a letter asking for money, you can ask them to please send you the contract that binds you to pay them or their 'client'. The debt collection agency will typically write to you multiple times before giving up.

 
Thanks mate. Appreciate it

Melbourne CFC

 
Ed033, if you know of a website or somewhere I could obtain the information to deal with this matter in the best way, could you please point me in the right direction. Cheers

Melbourne CFC

{Ed033's Note - Are you after a template letter to send to a debt collector?

 
I am edd, got a agency after me.

{Ed033's Note - Make sure the alleged debt is not secured. It also makes it easier if you don't have a vehicle registered in the name of the alleged debtor. I'll post a template notice later

 
I would be quite interested in this also. I stupidly got a flash car out on finance when I was going through a bad patch in my life. The repayments were extortionate, however, after years of having a mortgage on a house I was used to paying out ridiculous amounts on material things.

Without getting too deep into it, I suppose you will realise and come to your own conclusion.

I was paying a house mortgage for a number of years but got out of it by having to sell up. Finding myself with extra disposable income and having my head messed up a bit, I decided to be stupid and have a stupid material object to fill a certain void.

I realised it was ridiculous on my part paying this amount every month and decided to basically give the car back. I am now stuck with a 7k deficit that I am supposed to pay?

 
Ever thought of declaring yourself bankrupt mate.?

{Ed007's Note - Just a wee note to say that Ed033 is away on business just now and there are posts/questions left for him to deal with when he is online. We don't want people to think they are being ignored plus we don't want to provide duff information.}

 
I've thought about it Frankie but don't fully understand the implications of it. I've two kids to think of and don't know if it would effect them in later years?. As I said before, one stupid mistake, which was the result of a messed up situation, got me into trouble and has basically f****d with my life.

 
Not as bad as it seems boozy mate. After 7 years your credit rating returns to normal. An unpaid debt does not stay with you for life.

If you declared bankruptcy you wouldn't be able to take a loan, but once again it will clear in a certain timescale.

Melbourne CFC

 
Is a water debt secured?

{Ed033's Note - please expand on what water debt is?
Is the water company that sends you statements saying you're behind in payments to them?

 
Does the debt collector have a right to sue? If so will they likely win?

PMC

{Ed033's Note - They don't tend to sue because if you ask them to prove their claim, they can't prove it. Therefore they have a false claim and you ask for monetary damages because of their false claim.

What they might do instead is take your vehicle as a lien, if the vehicle is registered in the alleged debtors name.

 
That would be absolutely amazing, if possible, Ed033!

Cheers heaps mate

Melbourne CFC

{Ed033's Note - For UK only. Fill in as appropriate and send this to the debt collector.

When they write back, fill in as appropriate and send them this

 
Hey ed033, sorry to barge in on this post but as you are dealing with legalese it seems like a good opportunity.

I am getting ready to request for my live birth record. After that I plan to submit an affidavit stating inalienable rights and then proceed with fee schedules etc. As per your suggestion, I am not going for the free man on land declaration.

Is this how you would begin this procedure?
Zari

{Ed033's Note - This isn't easy but what would be good is if you could obtain an official looking special travel document with a seal on it from someone in a government office.

What their system/corporation/government does is assume that people have contracted away their unalienable rights and are agents/employees of their system/corporation/government, so people require driving licenses, P type UK passports and therefore can have their movements hindered.

However if you could remove their assumption that you have contracted with them, then their agents could not hinder your movements as if they did restrict/constrain your movements, this would be criminal as it is tantamount to kidnap.

if they gave you a special travel document that would be some proof/evidence of their recognition that even though you live and move about in UK, you're nothing to do with UK

You could start off by saying that:
Your mother bore you in England (for example) and you consider yourself indigenous to England, which means you're a non UK resident because you never applied for residency. You never signed a contract to become a UK citizen or UK national, therefore you require a special travel document to show their agents to stop them from kidnapping you when you're exercising your unalienable right to move about/travel/drive/go abroad freely.

 
Ed033 you're an absolute f*cking superstar.

I assume this is all applicable in NZ/A us?

Thanks again mate.

Melbourne CFC

{Ed033's Note - Sorry Melbourne, you'd have to remove the legislation bits as they're UK only. Let me try again for you. {Ed033's Note - For non UK. Fill in as appropriate and send this to the debt collector.

When they write back, fill in as appropriate and send them this

 
Thanks heaps again mate. Would you recommend I put the appropriate legislation in, or is it not really required?

Melbourne CFC

{Ed033's Note - not required.

 
Ed033, am I being a right donut? How comes I can't see the template you posted earlier? Would be something that is very useful to me

{Ed001's Note - does the word 'this' not have a hyperlink? It should be underlined and hyperlinked to a template. The one in Ed033's reply I mean, before people start telling me my reply doesn't have this underlined!}

 
Thank you for your answer ed033. That is a brilliant idea. As always you are very helpful and greatly appreciated.
By the way, is there a way to make the links you provided Melbourne CFC visible for others or are they visible and it's just my pc? I could definitely use those documents.
Zari

{Ed033's Note - don't left click on them to view them in a browser but right click and download them onto your computer. They will open on your computer if you have an acrobat pdf reader program.

 
Cheers ed! Of course it was me being a wally

 
Brilliant stuff Ed, just a quick question, does the UK legislation bits be the same in Ireland or should I use the second two? Cheers, Garbo

{Ed033's Note - Don't use the UK legislation ones for Eire and obviously change the £ GBP to Euro