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Learn how to use the legislation to remove debt and save cash.
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A countdown of key tips
nine DSAR questions:
1. Deed of assignment
2. Notice of assignment
3. Specific data pertaining to; whatever it may be
4. Evidence any application form used
5. VAT invoice
6. What fiduciary capacity are you accessing, processing, sharing and storing our data and for what purpose
7. Details of the location of the original Credit Agreement
8. Details of whom this agreement has been shared with and for what purpose
9. Evidence our consent to process our data
eight maxims (to be learned):
1. Consensus facit legem – Consent makes the law. A contract is a law between the parties, which can acquire force only by consent
2. Qui tacet consentire videtur – A party who is silent appears to consent
3. Non videntur qui errant consentire – He who errs is not considered as consenting
4. Disparata non debent jungi – Unequal things ought not to be joined
5. Ei incumbit probatio qui dicit, non qui negat – The burden of the proof lies upon him who affirms, not he who denies
6. Incerta pro nullis habentur – Things uncertain are considered as nothing
7. Falsus in uno, falsus in omnibus – False in one thing, false in everything
8. Quaelibet jurisdictio cancellos suos habet – Every jurisdiction has its boundaries
seven Acts to know:
1. Law of Property Act 1925 S. 52 – Conveyances to be by deed
2. Law of Property Act 1925 S. 53 – Instruments required to be in writing
3. Law of Property Act 1925 S. 136 – Legal assignments of things in action
4. Law of Property Act 1925 S. 196 – Regulations respecting notices
5. Companies Act 2006 S. 44 – Execution of documents
6. Data Protection Act 2018 S. 35 – The first data protection principle
7. Data Protection Act 2018 S. 173 – Alteration etc of personal data to prevent disclosure to data subject
six equitable remedy:
1. Breach of trust – trustees and agents have an obligation to provide the beneficiary with the data requested in a Data Subject Access Request (DSAR) under GDPR or Data Protection Act 2018. All too often they conceal the data and banks relationship
2. Specific disclosure – under PD57AD (was CPR31 then PD51) an application to court for specific data that has been concealed
3. Injunction – prevent an agent from repossession of your property
4. Compensation – should cover lost time and any re-payments (plus interest) made via a credit agreement
5. Restitution – for any unjust enrichment, the beneficiary should be restored to their initial position
6. Equity – Chancery for trust matters that include securitisation and complicated cases
five steps to follow:
1. DSAR – ask specific questions to the Data Protection Officer, 4 to 5 is usually enough
2. 7 Day Notice – at 21 days send the 7 Day Notice to remind the Data Protection Officer
After one calendar month:
3. Letter Before Claim – send this to the Data Protection Officer laying out the breaches and claim amount
4. Optional; formal complaint to the Data Protection Officer, and raise complaint with the Information Commissioners Office (ICO)
5. Bring a claim for breach of GDPR, file N1 form in County Court Money Claims Centre CCMCC
four chose in action:
1. Statutory or legal assignments of legal choses in action
2. Statutory or legal assignments of equitable choses in action
3. Equitable assignments of equitable choses in action
4. Equitable assignments of legal choses in action
three trust certainties:
1. Intent – there must be instruction from the one who set up the trust (settlor)
2. Subject – there must be a value/property (res) that is placed in trust for the beneficiary(ies)
3. Object – there must be clearly identified trustees to look after the res for the benefit of the beneficiary.
A beneficiary has the right to ask the trustee (or its agent) about the trust res, and the trustee has a fiduciary duty to the beneficiary.
So how can a trustee/agent bring a claim to a beneficiary…it simply can’t.
two banking truths:
1. Whenever a bank makes a loan, simultaneously creates a matching deposit in the borrower’s bank account, thereby creating new money;
This is explained in the Bank of England money creation in modern times
2. How do banks create money, and why can other firms not do the same? An explanation for the coexistence of lending and deposit-taking;
A full analysis on how banks create cash and the conclusive evidence on the three theories of banking practices, by Prof. R Werner
This is key knowledge in understanding no debt can exist.
Far more to know that we can add here, details are found within the Equity offer below.
a case in law to use:
We have concerns over the validity of the summons;
Lord Widgery in R v Brentford Justices ex parte Catlin [1975] QB 455
The judgement makes it clear that a Justice of the Peace must apply his/her mind in determining whether a summons to the Magistrates Court should be issued; that such a determination is a judicial process, not an administrative one, and that to fail to apply one’s mind would represent a dereliction of duty.
Who signed the summons off?
Did they apply their mind to the summons before signing it off?
A testimonial that sums up our vision:
“upgraded my brain”. “This is a way of life for me!”
Learn how to save cash, remove debt and reclaim what you have paid by using legislation as it should be used [applicable to England & Wales, other territories will vary].
These procedures usually take 4-5 weeks to implement and deliver a defence and counterclaim, should the agent try to litigate.
If you have received correspondence with threatening action, this must be met with a correct Data Subject Access Request (DSAR) [not some internet template, every agent and claim is different and requires specific questions] which as detailed per section. DSAR is pre-action protocol that will evidence the agent has no legal claim.
Including detailed information for:
Our information comprises of specific Sections of Legislation, CPR & CPD, and example documents to encourage you to learn, making sure you are educated within equity, as the beneficiary! Our simple procedure comes with written examples of correspondence, what to reply and when, links to key reading, help with litigation should you already be there, or get you ready pre-litigation.
We have added additional documents to give you the best tools and correct knowledge.
As with all our information, any updates are granted to all those who sent a gift…you will always have the latest information to hand.
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“Good luck with your new future, the information we give teaches a way of life with financial freedom. Just needs to be comprehended and put into practice. We help you do that…”