New credit card response document - Page 5

Soldier of Truth · #41 02-26-2008, 02:14 AM

Quote:

Originally Posted by rawgoatsmilk

As in, I don't know the difference between a VOD and a BBQ. I'm trying to say, I'm ignorant, like most people. Without opening my own dumb thread, I would like to ask: is this forum suggesting that it is possible to get out of paying credit card debt? (By, i assume, exposing the fraudulent contract.) Perhaps I should start there. Is that what this forum is suggesting?

A better way that "I" would do it is to request for a "mutually signed contract or agreement of novation." Most agreements/contracts come with the standard clause that the so-called creditor can sell or transfer the note, but what is not said is that it (cc company) has to give notice, and inform as to "who." This is never done. Asking for verification of debt is effective. However, I like challenging the stop. Go to the VERY beginning. No contract, no valid entitlement right to claim.

As far as not paying (sic) credit card debt, (i) there is no debt, but for the sake of argument (ii) most credit card companies immediately sell those accounts to third party debt collectors. At this point "novation" has occurred without agreement. AND the CC has been "paid" (sic).

Quote:

CIVIL CODE
SECTION 1530-1533

1530. Novation is the substitution of a new obligation for an existing one.

1531. Novation is made:
1. By the substitution of a new obligation between the same parties, with intent to extinguish the old obligation;
2. By the substitution of a new debtor in place of the old one, with intent to release the latter; or,
3. By the substitution of a new creditor in place of the old one, with intent to transfer the rights of the latter to the former.

1532. Novation is made by contract, and is subject to all the rules concerning contracts in general.

THE FOREGOING IS NOT TO BE CONSTRUED AS LEGAL ADVICE. SHOULD ONE NEED ADVICE, ONE SHOULD CONSULT COMPETENT COUNSEL. OPERATIVE WORD BEING COMPETENT.

Chinese Panda · #42 02-28-2008, 11:25 PM

Quote:

Originally Posted by Soldier of Truth

Most agreements/contracts come with the standard clause that the so-called creditor can sell or transfer the note, but what is not said is that it (cc company) has to give notice, and inform as to "who." This is never done. Asking for verification of debt is effective.

I really have never actually read the whole contract.
That's a very valuable little nugget of information if true.

Brekka · #43 04-20-2008, 07:43 PM

Hi there again all! I hope everyone is well and out of any Harms way. I have tried to download the VOD file and cannot seem to be able to? Maybe I am doing something wrong?

nuclear_j · #44 05-21-2008, 01:09 PM

Quote:

Originally Posted by Brekka

Hi there again all! I hope everyone is well and out of any Harms way. I have tried to download the VOD file and cannot seem to be able to? Maybe I am doing something wrong?

From my understanding those beautiful gems of knowledge from the downloads section is effed in the A. No One seems to really care about fixing it.

Soldier of Truth · #45 05-21-2008, 05:04 PM

You posted:

Quote:

Originally Posted by Chinese Panda

Quote:

Originally Posted by Originally Posted by Soldier of Truth

Most agreements/contracts come with the standard clause that the so-called creditor can sell or transfer the note, but what is not said is that it (cc company) has to give notice, and inform as to "who." This is never done. Asking for verification of debt is effective.

However, in the interest of keeping my quote contextually accurate, as this is an "incomplete" quote, I am choosing to give the rest of what I stated following "verification of debt is effective."

Quote:

Originally Posted by Soldier of Truth

A better way that "I" would do it is to request for a "mutually signed contract or agreement of novation." Most agreements/contracts come with the standard clause that the so-called creditor can sell or transfer the note, but what is not said is that it (cc company) has to give notice, and inform as to "who." This is never done. Asking for verification of debt is effective. However, I like challenging the stop. Go to the VERY beginning. No contract, no valid entitlement right to claim.

To supplement:

Quote:

California Civil Code 1530-1532

1530. Novation is the substitution of a new obligation for an
existing one.

1531. Novation is made:
1. By the substitution of a new obligation between the same parties, with intent to extinguish the old obligation;
2. By the substitution of a new debtor in place of the old one, with intent to release the latter; or,
3. By the substitution of a new creditor in place of the old one, with intent to transfer the rights of the latter to the former.

1532. Novation is made by contract, and is subject to all the rules concerning contracts in general.

http://www.leginfo.ca.gov/cgi-bin/di...file=1530-1533 (As of 21 May 2008).

IMHO, requesting "verification of debt" is the equivalent of conceding to an obligation to the 3d party debt collector. There has to be a contract/agreement before one can discuss the validity or invalidity of a debt.

THE FOREGOING IS NOT TO BE CONSTRUED AS LEGAL ADVICE. SHOULD ONE NEED ADVICE, ONE SHOULD CONSULT COMPETENT COUNSEL. OPERATIVE WORD BEING COMPETENT.