the harassment continues

here is a response letter I drafted up to the marston inc terms and conditions, HMCTS are the creditors will this make a difference?






(I am now in a private estate and trust) I got railroaded and recorded the hearing its bad) should I upload it or would it damage my defence as I intend using it as evidence. Which is the best route N244 I been told?

Thx for looking



Notice of Appointment



Dear Richard, please find attached Notice of Appointment of General Executor, Terms and Conditions and Fee Schedule for the Scott Andrew and Smyth Estate.

In relation to correspondence received from your organisation reference number (7814427), the two separate charges have not been itemised. Addressing the £4973,00 charge, due process has not been exhausted in this matter. Two separate offers to pay have been made and ignored (see attached exhibit A and B). At present the Estate is seeking advise on bringing this matter back before the courts for remedy.

In relation to the charge imposed on the 24th of may 2018, this was the result of a malicious prosecution. This matter did not follow due process but has in fact been a total abuse of statutory process amongst other crimes performed by members of the judiciary which again have not been concluded lawfully. The Courts are well aware of my intentions in both matters.

As well as ongoing complaints to the ICO, Action Fraud and the Police, I am currently awaiting several Subject Access Requests from several public bodies involved in this conspiracy to pervert the course of justice which to date have remained unresponded to. The ICO have intervened and I should have a reply within the next four (4) weeks. At present the Estate is seeking advise on bringing these matters before the courts for prosecution.

Please find attached copies of correspondence sent and received regarding these matters to Clement Goldstone QC, Wirral Council and Wirral Magistrates Court.

The above care of address 8 Merton Place is held in Private Trust for the use and enjoyment of Beneficiaries and any attempt to enter the property by any of your agents in future will constitute Trespass. Your implied rights of access have been denied, as you may or may not be aware you have no jurisdiction over a Private Trust Estate as you are a private corporation registered on Dunn & Bradstreet under company number 09840186.

May I bring to your attention the following legislation:

Administration of Justice Act 1970 Agent or debt collector, section 40 Punishment for unlawful harassment of debtors.
(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c) falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
(2)A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.
(3) Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose—
(a) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
(b) of the enforcement of any liability by legal process.
[F1 (3A)Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice.]
(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than £100, and on a second or subsequent conviction to a fine of not more than £400
F1S. 40(3A) inserted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 30(1), Sch. 2 para. 13 (with reg. 28(2)(3))
Modifications etc. (not altering text)
C1S. 40(4) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)
All content is available under the Open Government Licence v3.0 except where otherwise stated.

County Courts Act 1984. 135 Penalty for falsely pretending to act under authority of court.
Any person who
(a) delivers or causes to be delivered to any other person any paper falsely purporting to be a copy of any summons or other process of a county court, knowing it to be false; or
(b) acts or professes to act under any false colour or pretence of the process or authority of a county court;
shall be guilty of an offence and shall for each offence be liable on conviction on indictment to imprisonment for a term not exceeding 7 years.

WHO IN THIS WORLD GIVES YOU THE AUTHORITY TO ADMINISTRATE INTO MY PRIVATE AFFAIRS?

I am in the understanding that you are operating on instruction. The problem we have here is that your instructions are illegal and unlawful in terms of the courts complete and utter abuse of process. I would like to offer the following words of caution for you to consider: If you decide to ignore this notice and trespass the above care of address 8 Merton Place Birkenhead CH43 4XD in an attempt remove goods, you will be prosecuted as well as being held liable to honour the Fee Schedule. Being a Private Estate held in Trust this prosecution will take place at the Chancery of above.

I require you to cease and desist on any action you plan to take until due process has been exhausted between all parties involved and remedy has taken place. I will send a copy of this correspondence to the courts.

I hereby give you ten (10) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. For clarification purposes please address all future correspondence to Scott Andrew in the Office of the General Executor using the care of address above.

Yours sincerely,

By:

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

Without Recourse   Non-Assumpsit

Calls may be recorded




and
t&c's

Dear Richard,

should you and or any of your agents wish to contract with me, Scott: Smyth, these will be the terms of that contract, in full effect as of 27th July 2018 at 12am. I have no wish to contract with you, however, should you ignore my wishes, the following terms and conditions will apply and are non-negotiable. You and or any of your agents are now aware of these terms and conditions of this unilateral contract. Please note that you are not obliged to enter into a contract with me, if you do not wish to accept these terms and conditions, please ensure that your officers and agents leave me alone, any contact with any of your officers and or agents will be recorded for my own safety. However, should your officers and or agents contract with Scott Smyth of 8 Merton Place, Birkenhead, [CH43 4XD] you will be lawfully and contractually obliged to pay the amounts set out below within 28 days of invoice. .

a) any of your agents that call upon said address before due process is completed between all parties involved the penalty is £5000.00 per visit.

b) any of your agents that call upon said address without a valid signed, stamped warrant in relation to this matter the penalty is £10,000.00.

c) any of your agents refuse to leave said address, after the third request by any Trustees of the Scott Andrew and Smyth Estate the penalty is £2000.00 per agent that refuses to leave.

d) any agent that remains on said property after three (3) requests to leave will be charged at £1000.00 pounds per hour.

e) if any agent acts aggressively, reasonable force will be used to remove said agent from said property.

f) if we cannot find a compromise until this matter with the courts and you continue to follow instructions, all future correspondence sent by this Office will be charged at £300.00 per letter.

g) any of your agents attempt to force entry to said address, the penalty is £5000.00.

h) any damage as a result of any attempt to force entry the penalty is £10.000 plus costs to repair any damage.

Thank you for your business. These terms and conditions may be adjusted without warning and the terms may be added to in the future. 27th July 2018.



Yours sincerely,


By:


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

Without Recourse   Non-Assumpsit




Calls may be recorded