what is an estoppal?

Let me add to this, they sent the Notice so was this signed? if not then its not a Lawful Notice and cannot apply.

Good morning.

As advised by Daveiron a while back and referred to by Assassin: ignore their latest letter as it is not signed. Let's see what they say next.

In the meantime (and time really is of the essence now as it has been too long since we last heard from you i.e. in obtaining the answers to the questions I sought) get a Subject Access Request over to Barclaycard ASAP:




The Data Protection Department
Barclaycard
<address line 1>
<city>
<postcode>

Dear Sir/Madam,

This is a data subject access data request as per the Data Protection Act, the EU GDPR and The Freedom of Information Act 2000.

Please supply any and all of the information that Barclaycard holds on me:

Name: <your full name>
DOB: <your Date Of Birth>
Address: <your full address>

May I respectfully remind you that the UK DPA / EU GDPR requires Barclaycard to respond in full and within one calendar month.

If you need advice on dealing with this request, the ICO can assist. Their website is ico.org.uk or they can be contacted on 0303 123 1113.

Your cooperation is greatly appreciated, thank you.

Yours faithfully

<your signature>
<your name>

Try this;

To (CEO)

Dear xxxx
On the (date sent) I sent to you via Royal Mail recorded delivery no xxxxxxxxx
and received by you xxxxxxx as confirmed by data provided by Royal Mail.
A NOTICE of conditional acceptance .


NOTICE-OF-NON-RESPONSE-AND-OPPORTUNITY-TO-CURE

You have been served a Notice of Conditional Acceptance upon which I offered
to settle any lawful obligation you believe i have to your corporation .
This offer required that you comply with 10 specific points contained within
the offer to substansiate your claim.
You have failed to respond to that notice or to rebut point by point the contents
therein.
I now give you ten (10) days to respond. Failure to respond in substance will
provide your tacit consent that you cannot provide proof of claim to my
satisfaction and that you agree that you have no lawful claim ,and you will
cease and desist from contacting me.

Or words to that effect.

Thank you thank you thank you.
printed and signed, evidence of previous posting included. Will go to post office tomorrow with both.

Forgive tardy response. marriage broken down. massive upheavals. new online business being lauched. very steep learning curves. and all this after a monumental few years of weirdness as we battled with planners to remain on our own smallholding. i have witnessed and sensed the ominous bad vibes from the belly of the beast at the so called high court. sickening. very much appreciate your guidance and assistance. much love

Happy to help in anyway we can to keep the b'stards (DCAs etc) off of your back

This is the latest letter from the interlopers, addressed to my name in capitals and with no signature from them.  I'm thinking I ignore it as per stated in my last correspondence.  Is this honourable?

I would just thank them for their unsigned piece of paper which you will
be ignoring as it carries no signature,and rerfer them to your NoCA

I would write back and remind them their paper is worthless as it is unsigned and therefore is worthless, ask who is accepting liability for these claims and rebut them.

Why rebut? if you dont rebut it this stands as truth in law and truth stands as judgement, this is why they send this rubbish as they know most people wont rebut because they are ignorant of such things, once rebutted it cannot stand in law and merely becomes a worthless unsigned document.

assassin wrote:I would write back and remind them their paper is worthless as it is unsigned and therefore is worthless, ask who is accepting liability for these claims and rebut them.

Why rebut? if you dont rebut it this stands as truth in law and truth stands as judgement, this is why they send this rubbish as they know most people wont rebut because they are ignorant of such things, once rebutted it cannot stand in law and merely becomes a worthless unsigned document.

Thank you, So i replied saying I refer you to my last letter dated XXX, (which was a NoCA) and remind you that as your letter dated xxx is unsigned I will not be responding. Is that sufficient?

If you have not sent it yet ,i would as assassin suggests add 'i rebut
and reject your assumption/presumption regarding any alleged debt.'

daveiron wrote:If you have not sent it yet ,i would as assassin suggests add 'i rebut
and reject your assumption/presumption regarding any alleged debt.'

I have sent it but i'll send another, why not?

sharman wrote:

assassin wrote:I would write back and remind them their paper is worthless as it is unsigned and therefore is worthless, ask who is accepting liability for these claims and rebut them.

Why rebut? if you dont rebut it this stands as truth in law and truth stands as judgement, this is why they send this rubbish as they know most people wont rebut because they are ignorant of such things, once rebutted it cannot stand in law and merely becomes a worthless unsigned document.

Thank you, So i replied saying I refer you to my last letter dated XXX, (which was a NoCA) and remind you that as your letter dated xxx is unsigned I will not be responding.   Is that sufficient?

How can it have been sufficient if you didn’t take Assassin’s advice to also “rebut” their claim?

So... as per DaveIron’s post prior to mine, take DaveIron’s advice.

We are happy to help but you must at least CAREFULLY read our advice and follow it. We are not parrots I’m afraid...

You rebut in substance and I would suggest the following:

Based upon Commercial Law Maxim 8 I am rebutting your claims in your recent correspondence, in substance for the following reasons, Maxim 4 of Commercial Law requires your claim to be true, correct, and complete; your correspondence was incomplete as it was unsigned and this is deemed an an improper transaction as no person is accepting liability for this claim. In addition to this you have failed to provide full accounting in this matter.

Only a Person can be held liable as a company is a corpse and can only be held liable under vicarious liability.

assassin wrote:You rebut in substance and I would suggest the following:

Based upon Commercial Law Maxim 8 I am rebutting your claims in your recent correspondence, in substance for the following reasons, Maxim 4 of Commercial Law requires your claim to be true, correct, and complete; your correspondence was incomplete as it was unsigned and this is deemed an an improper transaction as no person is accepting liability for this claim. In addition to this you have failed to provide full accounting in this matter.

Only a Person can be held liable as a company is a corpse and can only be held liable under vicarious liability.

ok, so this message came through after I had already sent a second letter to their unsigned paper (which i said i was going to ignore) as per your instruction. Do I write a third?

Ok, slow down you seem to rushing things, leave it this time and when
the next one appears consider what your response will be . You can always
get advice here before you send it.

When the next one comes ,you may wish to do what i do, just write on the
top of that letter 'received on (date) ' For example this week i received a
letter from a law firm dated 20 days before it was delivered,its a very common
trick they use ,no doubt designed to rush you.

Agree with Dave, its a common trick they use to give you little time to respond or tke you over their timeframe for responding so they can begin action and show this letter to a court as evidence.

i, would also like to add to some very good info, keep the original for evidence ! , only send copy's back including your reply if any , With COPY stamped at 45* angle in the center of an page each page, You could also stamp at the top "Court of Record"

dear folk. slight disaster with this story. I had to go to France to look after my old mother. asked teenage daughter to open my letters, photograph and send. She didn't. now have a "judgment in this claim has been entered" letter. it's from Northampton county court "business center" (which i though was interesting. calling a court a business center straight up). lost my home, my marriage, my smallholding, contact with my children, my savings and now the universe brings me this wonderful opportunity... any guidance gratefully received.

we were doing so well... and i dropped the ball. sorry guys.

sharman wrote:dear folk.  slight disaster with this story.  I had to go to France to look after my old mother. asked teenage daughter to open my letters, photograph and send.  She didn't.  now have a "judgment in this claim has been entered" letter.

Before it reached a default judgement, you should have received the original claim form.  Assuming that also arrived while you were away then you may be able to apply to have the judgement set aside. To do so you would need to show the reason that the claim was not responded to, and that you have an arguable defence.

thank you. I just got the claim form yesterday after my daughter came to france to visit for half term, I had to come to france to take care of my mother unexpectedly, I have the ferry ticket? to whom do I address the letter? the court address?

This is a formal process, you use the generic application form N244 ..
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953577/n244-eng.pdf
I suggest contacting the court who sent the judgement to confirm where to send your application.  They can also confirm any fee and if you are able to apply for fee remission. Most of the form is self explanatory but just ask if you need any specific guidance.  Question 3 the order you're applying for is to set aside judgement in default. The "meat" goes into question 10 where you include the reason for not responding (out of the country etc), and an outline of your proposed defence.

Ok, so I've had a chance to think about it. thank you for the form.  my plan is to write to the court to state that I contest this judgement? or 'set aside' I will read the form and contact the court (business center haha)

my reason... my meat.. for question 10 will be something like: I have remained in honour and been in correspondence with hoist since 2019. I maintain that the debt they purchased is their own and that I would gladly settle any claim they say they may have against me if they would kindly provide the contract I signed to agree to pay them any monies, for any reason. I am rebutting their claims for the following reason: maxim 4 of commercial law requires your claim to be true, correct and complete.  All correspondence from Hoist was incomplete as it was unsigned.  This is deemed to be an improper transaction as no person is accepting liability for this claim. In addition Hoist have failed to provide full accounting in this matter.  

I am thinking to copy in the last letter I wrote to hoist which stated I would not be responding to any further correspondence unless it was signed.

I will then give them my circumstances, which is that I left the UK on 6th September to care for my mother in France, leaving instructions and permission to a teenage daughter to kindly open my letters, photograph them and send to me to deal with. (safer than forwarding) unfortunately my daughter did not do as asked. Hence I did not respond to their claim letter as I did not receive it until yesterday when my ex-husband opened the letter (and hit the roof... haha. oops. i won't say that obviously, he's in a panic cos he thinks the baliffs are turning up tomorrow to nick all our furniture) The claim letter was then discovered in a pile of unopened bank statements brought to me by my other daughter over half term.

my ex will be forwarding the ccj to me in france and will be writing to the court to tell them he has done so (with copies and tracking evidence)

what do you think? is that too much information?

A little too much I think. What I'd suggest for Q10 would be to explain first why you didn't respond, a couple of sentences showing that you'd put what you thought was a reasonable process for dealing with mail in your absence, but unfortunately the process failed in this case.

Then just an outline of your defence, not in detail but just showing the points that you will be arguing.