Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» More Northampton Nonsense
by kingkotton Today at 1:05 pm

» Statement of Assets and Liabilites
by Ausk Today at 10:28 am

» Notice of Discontinuance - Court Hearing for Alleged Debt.
by Bookworm Today at 7:36 am

» Thunderstorm At Sea Sounds For Sleeping, Relaxing ~ Thunder Rain Ocean Sea Lightning Ambience
by epsom Today at 4:56 am

» The Best 4K Aquarium for Relaxation
by epsom Today at 4:13 am

» 4K LIVING LANDSCAPES (+Binaural Music) _ Nature Relaxation™ 4HR Stress Relief_Screensaver Video UHD
by epsom Today at 4:10 am

» Another One Surfaces
by assassin Today at 2:54 am

» CABOT pursuing me nearly 12 months after case was stayed
by assassin Today at 2:49 am

» Netherlands third party debt collector energybill
by assassin Today at 2:46 am

» Know thyself and fear not.....
by iamani Today at 1:20 am

» Offal Wagons
by Jinxer Today at 1:00 am

» Google doom-dle
by iamani Yesterday at 11:37 pm

» Let's Have Some Tunes thread.
by Awoken2 Yesterday at 11:27 pm

» New Old Member
by kingkotton Yesterday at 10:16 pm

» 18600 rule
by Society of the Spectacle Yesterday at 9:55 pm

» HSBC BANK EXPOSED
by petesomething Yesterday at 7:54 pm

» Thousands wrongly fined up to £150 for claiming free NHS dental treatment
by Kestrel Yesterday at 7:42 pm

» Santander
by petesomething Yesterday at 7:38 pm

» PROPAGANDA SOCIAL ENGINEERING AND THE MANUFACTURING OF HUMAN THOUGHT
by Phillpots Yesterday at 7:34 pm

» Cabot and interesting letters...
by dkent1977 Yesterday at 7:17 pm

» Is there more chaos coming?
by ceylon Yesterday at 12:42 pm

» Powys council talking to police
by El E Mentary Yesterday at 12:24 pm

» Reality chat with peter howard and company
by Society of the Spectacle Wed Oct 18, 2017 7:44 pm

» If you're skint should you mention it to DCAs?
by Stevro Wed Oct 18, 2017 7:15 pm

» asked for accounting and got back...
by Candor Wed Oct 18, 2017 6:44 pm

» ...WARNING IS THERE GOING TO BE A FALSE FLAG IN OKLAHOMA?
by ceylon Wed Oct 18, 2017 6:30 pm

» Need Advice now GOODF has gone
by Tiggy Wed Oct 18, 2017 5:50 pm

» Is this just more fear porn?
by ceylon Wed Oct 18, 2017 5:27 pm

» UK Column
by ceylon Wed Oct 18, 2017 3:03 pm

» Vegas False Flag
by mitch Wed Oct 18, 2017 2:22 pm

» NATIONWIDE CC
by Prometheus Wed Oct 18, 2017 1:41 pm

» New Book To Go Live
by joedalton Wed Oct 18, 2017 9:56 am

» the lies we are told
by Keithatlm Wed Oct 18, 2017 12:26 am

» What's the difference between archbishop and arch-bishop? If any.
by Lopsum Tue Oct 17, 2017 9:24 pm

» Meet John Doe Film
by Phillpots Tue Oct 17, 2017 8:04 pm

» THE CENSUS, ARE YOU IN THEIR WAREHOUSE? BC, SECURITISATION
by El E Mentary Tue Oct 17, 2017 4:53 pm

» £56k alleged debt - bankruptcy advice needed
by Stevro Tue Oct 17, 2017 4:10 pm


The 3 letters Process

View previous topic View next topic Go down

The 3 letters Process

Post by Lopsum on Sun Feb 19, 2017 10:24 pm

To open and edit the doc files you need to have a program such as free file viewer or microsoft word! When you have filled in your details save the file and send the completed document to your printer!

Letter 1
Download letter 1


Letter 2
Follow up Letter 1 ten days later with Letter 2 which starts the formation of the tacit agreement.
Download letter 2


Letter 3
Finally follow up ten days after sending Letter 2 with Letter 3, the third and final letter to the debt collector, which forms the tacit agreement.
Download letter 3



If you don't hear anything more from them for 30 days after sending the third letter, send them the Estoppel document. If you do hear anything from them, send them a Bill and start charging them! These documents can be found at the bottom of this page.
Download Estoppel doc
Download Bill doc
The contents of the doc files can be seen at the end of this thread!


Last edited by Lopsum on Sat Mar 18, 2017 4:13 pm; edited 3 times in total
avatar
Lopsum
Admin
Admin

Posts : 884
Join date : 2017-01-15

http://goodf.forumotion.com

Back to top Go down

If things do go to court

Post by Lopsum on Sat Mar 18, 2017 4:05 pm

Please note that this part is not the 3 letter process, it is an addition . They shouldn't take you to court after the 3 letters , this time they tried it on and this is how petesomething beat them in court.

Debt Collectors and Court

If you get a letter from a debt collection firm, follow the 3 letter process which is above. If after the 3 letter process you receive a threat of court action, you need to send the Pre-Action Protocol letter shown below.


SENT BY RECORDED DELIVERY Your address

Your ref.:

Their address

Date

Dear Sirs,

Re: Your Client – xxxxx Limited
Pre Action Conduct - Request for Information

With regard to your letter dated xxxxx 2015, which stated Legal Action would be taken, I take this to be a Letter before Action under the above named Pre Action Conduct Protocol and as such I am responding accordingly.

As you have indicated you are acting on behalf of xxxxx Limited in this action, I assume you are authorised to accept service of documentation, therefore, please accept this request for Information sufficient to understand the claim being threatened and as such is in accordance Section 3 of the Pre Action Conduct, by way of Service Upon You and your client.

As I have never entered into any Legal Agreement or Contract with your client, for any monies or specifically for the alleged amount of £xxxxx; and I neither accept nor acknowledge the assertion any debt has been Legally and Absolutely Assigned to your client, I therefore, request the following documentation under Pre Action Conduct Section 6 (c) as proof of your Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions.

II. Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £xxxxx.

III. Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

IV. In accordance with Section 87.1 Of the Consumer Credit Act 1974 (as amended) a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

V. A copy of the Legal / Absolute Assignment of the Agreement, including a copy of a Duly Executed Deed of Assignment and / or Deed of Tripartite Novation; and

VI. In accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how I was served with the Alleged Legal Assignment.

VII. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again, in accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how this was Served upon me.

Should proceedings commence against me and your client fail to provide each and every document requested, I will make an Application to the Court to Stay your Clients claim until the request is complied with and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction.

Also please be aware, each document listed is required to provide absolute and legal proof of your client’s contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me I will apply to the Court to Stay your Clients claim Until said documentation is received.

As a part of my defense I will re-request production of each and every document under an appropriate Civil Procedure Rule, along with a request under CPR Part 39.a (3.3) for the original of every document upon which you intend to rely be brought to any subsequent hearing for examination.

Please note, where I have mentioned a document and there is in your clients possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

I look forward to your response in due course.

Yours faithfully



Now you may find the same as the 3 letters, they will not respond to your request. Or if they do, it will be a letter saying they are not required or some partial information. But remember you want the information stated above.

One reason they wont respond, as member landlubber states DCA's are third party interlopers and this is true. They buy debt, pennies in a pound. When they buy this debt it is on a spreadsheet with limited information and remember they don't just buy your alleged debt, they buy thousands. So for them to produce the paperwork, it costs them time and money and they will not have the paperwork anyway.

If they do provide any paperwork, double check all the information is correct.

If you receive a claim from court

When you receive an Acknowledgment of Service in with the Service Pack, you need to fill in the form and send it back within 14 days. If you send it by post, send by recorded delivery, but most people these days fill it in online.

On the claim form you will notice solicitor's and court costs, in the 3 letters it states you are willing to pay if they can prove they legally own the alleged debt with the information asked for.

When I was in court, the judge said I had every right to ask for this information. So on your claim form, state why should you pay solicitor's and court costs when they ignored all the requests for proof.

Inside the claim form it will have:

1: I intend to defend all of this claim
2: I intend to defend part of this claim
3: I intend to contest jurisdiction

Only you can decide, which one to tick.

This is very important. Inside you have an income and expenses sheet, make sure you put down everything that you have to pay out for. If you do have to pay, the judge can see what you can afford.


Not going to court.

If you do not go to court, you will lose by default and you will have a County Court Judgment (CCJ) put against you and this could result in having county court bailiffs at your door. I know this may be very scary going to court, because I have been there and I know, but by going to court, you have a chance to win.



If you intend to defend all of the claim

After you send the response pack, back to the court by post or online.


Send CPR to the claimant and one to their solicitor

If the claim is over £10,000 send them a CPR 31.14 or if it is under £10,000 send them a CPR 18 to the claimant and their solicitor, not the court. This is a request for information again, and they have so many days to reply.

Most of the time they will not reply, the reason is, no paperwork.

This is where you need to be fast.

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request [If over £10,000]

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.
I confirm having returned my acknowledgment of service to the court in which I indicate my intention to contest all of your claim.

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered]
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2 The deed of assignment*
3 The notice of assignment*
4 the default warning letter*
5 The default notice*
6 The termination notice*
7 [any other documents mentioned in the Particulars of Claim]*
* delete if not mentioned or mentioned by inference in the Particulars of claim.
[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#
# delete if claim for a sum exceeding £5,000.00

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defense. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defense.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defense, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully




Dear Sirs,

Re: (Claimant's name) v (Your name) Case No:

CPR18 Request for further information.

On the Xxxxx 2015, I received the Claim Form in this case issued by you out of the Northampton County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim, and on which you intend to rely. That request was ignored.

Please treat this letter as my request made under CPR18 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim and is made by way of Service upon You:

1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2.The deed of assignment
3.The notice of assignment
4.The default warning letter
5.The default notice

6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £xxx.xx and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

7. Also, your Particulars of Claim state the action is brought for Breach of Agreement, yet you have failed to identify the specific Statutory Instrument you have commenced proceedings under. Therefore, I would be request details of the Statutory Instrument under which you have brought proceedings.

You should ensure compliance with your CPR 18 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Failure to produce each and every document referenced within the Particulars of Claim (detailed above) will result in an Application to the Court for an Order of Disclosure.

Your CPR 18 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions, which are now in the possession of a third party.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

Yours faithfully


This is when you need to be fast. If they do not respond to you after the deadline, you need to apply to the court for unless order. You can download this online it is form N244. But to apply for this there is a court fee involved. You will have to contact your local court for their fee's.

Please note you need to make three copies for the court or they will send it back to you. And also keep a copy for yourself, but always keep copies of any paperwork you do send.

You may have to go to court, but what you are doing is taking them to court. You are requesting for the information which you have been asking for. You want proof they legally own the debt and you have every right.

This is what the court sent to the claimant. If they fail to provide the information the case will be struck out and you win. See below a copy which was sent to the claimant when I went to court.



If they do not send the information to the court, the case will be struck out.

These days they are producing paperwork if they have it. It does not have to be the original, they can reconstruct all information from computer data. For instance the default notice, this is one of the points I won in court.

A bank can not sell your debt to anyone without first sending you a default notice. The default notice must have your name, address, account number and a number of days to give you a  chance to pay back any alleged debt.

Please note if the bank says they sent it, the court will believe them.

On my default notice, first they put the wrong address and account number, so they could not prove they sent me a default notice. Also it was not on my credit report, which I produced a copy of in court.


The Credit Agreement

The credit agreement is the most important document. If you look at the credit agreement I posted below on here, you could see my name, the banks stamp, does not need their signature, and date. But you could not read the actual agreement of interest rate. I argued in court that this was not a true copy, and even though it has got a date and my signature, is this the correct credit agreement. I said “if this was the credit agreement I signed, I put an extra clause in it, stating if I can no longer pay this debt at any time, then the debt will be void.” The judge said “did you?”, I said “Well if you could read it, you could see.” So this credit agreement failed in court.

In a test case a defendant won because the judge agreed, all reconstructions must be true and accurate.




As you can see above, on this occasion I won in court. It takes a long time, and lots of hard work and help from members here.

Remember we are not solicitors, always double check any information given to you.

On a last note, always check from first instance, make sure the alleged debt is not statute barred. This is 6 years after the default notice or from last payment. If you pay a penny, you will start from the beginning again, even if the debt is statute barred and is not enforceable in court it does not stop them writing to you. If the debt is statute barred and you do get a claim form, from the court, don't ignore it. The court will not know it's statute barred, so fill in the claim form and put on it, this debt is statute barred, but please make sure it has been 6 years from default notice or last payment.

Also remember debt collection firms are not enforcement. They have no special powers.

Once a troll emailed me, this was probably a debt collector who said “Debt firms give up because they find it too hard to chase the debt. And it was nothing to do with the letters we send.” But the trick is to make the debt collectors give up before it gets to court.

Good reading on unenforceable credit agreements is linked below -

https://paulatwatsonssolicitors.wordpress.com/tag/unenforceable-credit-agreement/


petesomething


Last edited by Lopsum on Wed Apr 19, 2017 1:42 pm; edited 2 times in total
avatar
Lopsum
Admin
Admin

Posts : 884
Join date : 2017-01-15

http://goodf.forumotion.com

Back to top Go down

Re: The 3 letters Process

Post by Lopsum on Sat Mar 18, 2017 4:07 pm

content of letter 1


NON-NEGOTIABLE
of the family:
c/o






[COLLECTION CONTACT] Collections Department

[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR POSTCODE]

19th February 2017

Re: Reference Number: [ACCOUNT NUMBER]
Dear Interloper

Thank you for your recent contact dated: [LAST LETTER DATE].

I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages and should they continue, I must warn you that they will now constitute ‘harassment' and I may take action under Section 1 of the Protection from Harassment Act 1997 and the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing 'alarm, distress or humiliation', because of their frequency or manner.

Please provide verification of your claim, by providing me with true and certified copies (Not photocopies) of the Deed of Assignment (NOT Notice of Assignment) and Deed of Novation. Please also provide me with the name of the individual who is the duly authorised representative from your company, who has seen the Original Note and is certifying these assignments as certified copies and that your company now has the Original Note (Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to your company purchasing this account. Please also confirm the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.


Please provide this information and documents within ten (10) days from the above date, so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer you will be held culpable; you agree to pay all fee schedules; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

Yours sincerely
By:


By: Sovereign of the family:
Authorised Agent and Representative for

No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved.

WITHOUT RECOURSE – NON-ASSUMPSIT
Calls maybe recorded
avatar
Lopsum
Admin
Admin

Posts : 884
Join date : 2017-01-15

http://goodf.forumotion.com

Back to top Go down

Re: The 3 letters Process

Post by Lopsum on Sat Mar 18, 2017 4:08 pm

content of letter 2


NON-NEGOTIABLE
of the family:
c/o



[COLLECTION CONTACT] Collections Department

[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR POSTCODE]
19th February 2017

Re: Reference Number: [ACCOUNT NUMBER]
Dear Interloper
I wrote to you on requesting verification of your claim, by providing me with true and certified copies (NOT photocopies) of the Deed of Assignment (Not the Notice of Assignment) and Deed of Novation. I also requested the name of the individual who is the duly authorised representative from your company, who has seen the Original Note and is certifying these assignments as certified copies and that your company now has the Original Note (Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to your company purchasing this account and also confirmation of the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.
This verification is required to validate your claim, so that I may settle any financial obligation I might lawfully owe. Your said failure to provide the requested documentation within ten (10) days from the above date will constitute your agreement to the following terms:
That you are a third party interloper;
That you have no legal standing;
That you have no first-hand knowledge of this matter;
That your claim is fraudulent;
That any damages I suffer, you will be held culpable;
That any negative remarks made to a credit reference agency will be removed;
You will no longer pursue this matter any further;
That you agree to pay all Fee Schedules. Should you provide sufficient evidence that I owe your organization or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

Yours sincerely
By:


By: Sovereign of the family:
Authorised Agent and Representative for

No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved.

WITHOUT RECOURSE – NON-ASSUMPSIT
Calls maybe recorded
avatar
Lopsum
Admin
Admin

Posts : 884
Join date : 2017-01-15

http://goodf.forumotion.com

Back to top Go down

Re: The 3 letters Process

Post by Lopsum on Sat Mar 18, 2017 4:09 pm

content of letter 3
NON-NEGOTIABLE
of the family:
c/o




[COLLECTION CONTACT] Collections Department

[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR POSTCODE]
19th February 2017

Re: Reference Number: [ACCOUNT NUMBER]
Dear Interloper
I wrote to you on requesting verification of your claim, by providing me with true and certified copies (NOT photocopies) of the Deed of Assignment (Not the Notice of Assignment) and Deed of Novation. I also requested the name of the individual who is the duly authorised representative from your company, who has seen the Original Note and is certifying these assignments as certified copies and that your company now has the Original Note (Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to your company purchasing this account and also confirmation of the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.
This verification is required to validate your claim, so that I may settle any financial obligation I might lawfully owe. As you have failed to provide the documentation within the ten (10) days requested in my last correspondence, we are now in agreement to; and have a lawfully binding tacit agreement comprising, the following terms:
That you are a third party interloper;
That you have no legal standing;
That you have no first-hand knowledge of this matter;
That your claim is fraudulent;
That any damages I suffer, you will be held culpable;
That any negative remarks made to a credit reference agency will be removed;
You will no longer pursue this matter any further.

You have not proven any debt, if you sell the alleged liability, and/or appoint an agent to act on its/your behalf on this matter you will have broken our agreement and you agree to pay the following fee schedule (3X what they are claiming) for dishonouring our agreement, 1000 per hour or part of it of Authorised Representatives time nunc pro tunc, 1000 per recorded delivery or any other form of response nunc pro tunc also any further contact is now not necessary, if however you deem a need to contact me by phone or letter the fee is 100 per item payable in advance, place the cheque in the envelope, if no payment is made in advance the fee will rise to 1000 per item and you will also be held culpable for any cost incurred while recovering the debt you owe.

Yours sincerely
By:


By: Sovereign of the family:
Authorised Agent and Representative for

No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved.

WITHOUT RECOURSE – NON-ASSUMPSIT
Calls maybe recorded
avatar
Lopsum
Admin
Admin

Posts : 884
Join date : 2017-01-15

http://goodf.forumotion.com

Back to top Go down

Re: The 3 letters Process

Post by Lopsum on Sat Mar 18, 2017 4:09 pm

content of notice of estoppel
Estoppel Notice
NON-NEGOTIABLE
© of the family: Authorised Representative for
™ and all derivatives thereof
c/o




[COLLECTION CONTACT] Collections Department
[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR POSTCODE]
19th February 2017
Notice of Irrevocable Estoppel by Acquiescence

Notice to Agent is Notice to Principal. Notice to Principal is Notice to Agent
Re: Reference Number: [ACCOUNT NUMBER]
Dear Interloper
With reference to the letter dated [LAST LETTER DATE] delivered by recorded mail. In this letter I asked you to provide the following reasonably requested specific items:
Proof of Claim that the alleged liability has been created in the form of an original contract.
Proof of Claim that the alleged liability exists in the form of a verified true bill signed by your client and charged to ™ pursuant to the The Bills of Exchange Act (1882)
Proof of Claim that [THEIR COMPANY NAME] has the legal right and lawful authority to attempt to enforce collection of the alleged liability in the form of Proof of Agency.
I herby serve Notice that failure to provide Proof of Claim by [THEIR COMPANY NAME], has created a permanent and irrevocable estoppel by acquiescence, forevermore barring [THEIR COMPANY NAME] from bringing any and all claims, legal actions, orders, demands, lawsuits, costs, levies, penalties, damages, interests, liens and expenses whatsoever, against ™.

It is important that you acknowledge and understand that this is not a letter but a legal notice, which is a different specie of correspondence all together. I hereby declare that the law of agent and principal shall apply and that service upon one is service upon another.
Furthermore, your failure to provide Proof of Claim in the form of the above reasonably requested specific items comprises the tacit procuration of [THEIR COMPANY NAME]’s agreement to the following terms and conditions.

That the debt did not exist in the first place;
OR
It has already been paid in full;
AND
That any damages I suffer, you will be held culpable;
That any negative remarks made to a credit reference agency will be removed;
You will no longer pursue this matter any further.
You have not proven any debt, if you sell the alleged liability, and/or appoint an agent to act on its/your behalf on this matter you will have broken our agreement and you agree to pay the following fee schedule
Fee Schedule
Any further invalid claims against ™ and/or attempting to contact the Authorised Representative by mail, mobile phone and/or telephone will constitute the agreement of [THEIR COMPANY NAME] to the following Fee Schedule:
£1000.00 (ONE THOUSAND POUNDS ) per invalid claim in writing, nunc pro tunc,
£1000.00 (ONE THOUSAND POUNDS ) per letter and/or notice sent by recorded mail, nunc pro tunc,
£1000.00 (ONE THOUSAND POUNDS ) per hour or portion thereof, of the Authorised Representative,
Representative’s time, nunc pro tunc,
£1000.00 (ONE THOUSAND POUNDS ) per attempt to contact by telephone and/or mobile phone
£1,000,000 (ONE MILLION POUNDS ) per Authorised© or ™ infringement.
All fees are payable in Twenty One (21) days of date of invoice is received, as evidenced by recorded delivery tracking number.
Without malice or mischief, in sincerity and honour.
Yours sincerely
By:

By: Sovereign © of the family:
Authorised Agent and Representative for ™

No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved.
WITHOUT RECOURSE – NON-ASSUMPSIT
Calls maybe recorded
avatar
Lopsum
Admin
Admin

Posts : 884
Join date : 2017-01-15

http://goodf.forumotion.com

Back to top Go down

Re: The 3 letters Process

Post by Lopsum on Sat Mar 18, 2017 4:10 pm

content of bill
BILL Non-Negotiable
Number: 01001
19th February 2017
c/o



BILL TO:
[THEIR COMPANY NAME]
[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR POSTCODE]


FOR: Charges under Un-rebutted Tacit Agreement Dated [LAST LETTER DATE] sent by Recorded delivery
DESCRIPTION
RATE
TOTAL

1. £1000.00 per invalid contact by mail without paying agreed fee in advance of £100 for letter Dated < Date of their letter >
2. £10,000.00 Charge per un-rebutted agreement sent by recorded mail dated < Date Fee Schedule Sent >
3. £1,000,000.00 unauthorised Trademark Infringements on < Dates of their letters >.




Please make all cheques payable to
Total due in 30 days. Overdue accounts may incur further charges.
You may only use my name when sending payment.
Late payment Fee of £100.00 per day. Thank you for your business.

Authorised Representative. All Rights Reserved.
Errors & Omissions Excepted
WITHOUT PREJUDICE – WITHOUT RECOURSE – NON-ASSUMPSIT
avatar
Lopsum
Admin
Admin

Posts : 884
Join date : 2017-01-15

http://goodf.forumotion.com

Back to top Go down

bill cover letter template

Post by petesomething on Fri May 19, 2017 9:36 pm

To be used after the 3 letters and the estoppel, to be attached to bill.
Attachments
bill cover letter template.docx You don't have permission to download attachments.(18 Kb) Downloaded 6 times


Last edited by petesomething on Mon May 22, 2017 8:51 pm; edited 3 times in total (Reason for editing : Edit made to attachment.)
avatar
petesomething
Admin
Admin

Posts : 298
Join date : 2017-02-24
Location : NORTHAMPTON

Back to top Go down

Re: The 3 letters Process

Post by Lopsum on Tue May 23, 2017 10:05 am



http://gooffilevault.weebly.com/

alternative downloads can be found here!
avatar
Lopsum
Admin
Admin

Posts : 884
Join date : 2017-01-15

http://goodf.forumotion.com

Back to top Go down

CPR 18 Request

Post by daveiron on Wed Aug 09, 2017 5:04 am

C.P.R. 18 REQUEST
                            FOR USE WHEN COURT CLAIM HAS BEEN RECEIVED


Notice in writing.

Date xxxx

Dear Sirs,

Re: (Claimants name) v (Your name) Case no:

CPR 18 Preliminary Request for further information / clarification.

On the (date), I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the Court in which I indicate my intention to contest your entire claim.

Prior to the issue of proceedings I had delivered Three (3) requests for the production of the Agreement referred to in the Particulars of Claim,and on which you intend to rely. Those requests have not been complied with.

Please treat this Notice in Writing as my Preliminary Request for further information made under CPR Part 18 for the following,including any documentation mentioned within the particulars of Claim,for which I request the production of a verified and legible copy.Please accept this request by way of service upon you:

1.  The agreement,including the specific Terms at the point the alleged Agreement was made and any subsequent changes.You will appreciate by reason of the provisions of CPR 39.a(3.3) requires ,The originals of the documents contained in the trial bundle,together with copies of any other Court Orders should be available at the trial. Further that any general conditions incorporated in the agreement should also be attached.

2.  The Deed of Assignment.
3.  All Notices of Assignment
4.  The Default warning letter.
5.  The default Notice
6.  The Termination Notice.
7.  A signed statement by a named man / woman from (the original creditor ) that this agreement / note/account has never been sold or traded in any way and the claimant holds full title to the agreement.
8.  A signed statement by a named man / woman from the (OC) that no insurance claim has been or will be made in respect of this agreement /note/ account.
9.  I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £ xxx.xx and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.
10.  Also,I would request under Civil Procedure Rule 39 pd 39a (3.3) the originals of any documents upon which you, the claimant intends to rely,are brought to any subsequent hearing for examination.

You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 14 days of receiving this notice. failure to produce the information requested will result in an Application to the Court to order the information be provided.

If you are unable to comply with this request,I will make an application to the court for an order that the proceedings be struck out for non-compliance and a summary costs order.

yours faithfully.

-------------------------------------------------------------------------------------------------------------

Adapt the above where necessary ie,for original creditor or debt purchaser.


Last edited by daveiron on Wed Aug 09, 2017 5:07 am; edited 2 times in total (Reason for editing : allignment)

daveiron
Not so newb
Not so newb

Posts : 593
Join date : 2017-01-17

Back to top Go down

View previous topic View next topic Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum