Re: I got a reply from my 3 letter process ... what now?

by Ausk Thu Jun 27, 2019 1:19 pm

I will communicate with you in relation to this matter in hard copy format but only on condition that you provide proof of your claim and that you agree to my following fee schedule. By making oral or written future contact with me regarding this matter you agree to the following fee schedule.

fee schedule:

by **LionsShare** Thu Jun 27, 2019 8:20 pm

daveiron wrote:I have never heard of anyone getting paid, the usual response is " We will not be making a payment on your fee schedule as we have not agreed to any fee schedule and we have no contract or obligation to do so" or words to that effect.

too true have seen this many a time in mine!

by volgabulghar Mon Jul 01, 2019 4:48 pm

Hi all. And thanks for the help so far.
I've sent out the third letter, approaching the 10 day mark for them to reply.
Am I correct in thinking I must wait 30 days from day 10 send the estoppel?
Also in the estoppel notices it refers to the name with the copyright and TM symbol? Do I suddenly start using these symbols in the estoppel... if so, why?

Oh and should I stop paying my direct debit or should I have stopped that before I started?

Thanks

by **daveiron** Mon Jul 01, 2019 5:36 pm

Personally I no longer bother with the estopple. Its your choice ,you can either send one after 30 days from no contact from them or send this;

NOTICE-OF-INTENTION-OF -ESTOPPEL
NON-NEGOTIABLE

Date xxxxx
ref no xxxxxxx

Notice to principal is notice to agent,notice to agent is notice to principal.

Dear xxxx (CEO ) Robbing b*stards.

Notice of Irrevocable estoppel by Acquiescence ; Will begin (30) days from the date of this
Formal Notification.
Enclosed with this Notice is my forth (4th) letter requesting your proof of claim.

You have now been requested to supply your proof of claim on 4 occasions.
The requests asked for and required are:
(list here all you requested in the 3 letters.)
x
x
x
x
x
If you cannot comply with the above you are therefor unable to prove your proof of claim
or that any liability exists.
If you are unable to prove any liability exists you must cease and desist all further action in this
matter, as to continue would constitute fraud and will be treated as harassment.
Any further communications from yourselves,or your agents which does not satisfy my repeated
requests for specific documentation will be treated as no contact and be ignored.
-------------------------------------------------------------------------------------------------
sign it the same as you did in the 3 letters.

Dont use the copyrite or trademark ,that was a variation tried some time back.

Usually folks use the process after they have stopped payments.
However & its your choice . You can justify not paying ,as you have requested documentation
which they have been unable or unwilling to supply.

by volgabulghar Tue Jul 02, 2019 7:49 am

No estopple? How come?

Debt 1 - sent 3 notices, had the same reply from notice 1 & 2 directing me to complaints dept and Financial Ombudsman (last point of contact from them was the 14th June)

Debt 2 - sent 3 notices, had 1 reply of photocopied agreement with no signature from them. no reply on second notice.

Thanks for notice example, day 10 of notice 3 is on friday 5th so it is alright to send the notice you provided from the following monday?

DD usually goes out on the 7th - they will probably send me a notice of missed payment + fine for non payment - but would that then count as harrassment as they have not provided proof of claim?

Thanks, have a nice sunny day

by **daveiron** Tue Jul 02, 2019 8:06 am

Hi,
If you want to send that notice give it 10 days from letter 3 & enclose a copy of letter 3 with it.
I dont bother with the estoppels anymore as they seem to be ignored.

Take your time ,dont rush the process .

by **assassin** Wed Jul 03, 2019 1:20 am

I would disagree Dave, if you send the estoppel notice and it ever goes to court it is very useful paperwork to prove it is estopped.

by volgabulghar Mon Jul 08, 2019 9:06 am

Good morning, thanks for the help so far

I received a letter that I urgently call the original creditor. I got sent this after letter 3 including fee schedule. Also got a text message saying payment did not go through. Also after letter 3, including fee schedule.

So I am billing them for unauthorised contact on 2 counts and for 2 counts of responding to their contact. Totalling £160.

I imagine I will also recieve a letter saying I missed payment and will be charged £12

Am I doing this right. Any suggestions? Thanks!

Do I send or make reference to:
Consumer credit act?
Harassment act?
Withdrawal of implied access?

by **daveiron** Mon Jul 08, 2019 10:39 am

Did your letters include you require all contact to be via Royal Mail ? If so just reply pointing that out and inform them that any other form of communication will be ignored.
It appears they are ignoring your letters and just chasing up the missed payment.
Just carry with the process.

by volgabulghar Mon Jul 08, 2019 10:58 am

Thanks Daveiron,
I didn't mention it HAD to be royal mail which is why I thought maybe I should now write to tell them only to contact via royal mail and refer to the harassment act if they do otherwise.

I did say that i charge for any and all unauthorised contact and that I charge for any unauthorised contact by mail and I charge to respond to contact. Hence billing them.

One thing I am confused about it in the bill it says make cheque payable to [my full name] in capitals. I thought one point was that I am not my full name in caps but i am John of the family: Smith?

Everyone makes this seem so easy and are very cool about it!

by **daveiron** Mon Jul 08, 2019 11:11 am

Which letters did you send,(just for clarity) Yes inform them they do not have your permission to contact you except by Royal Mail. Bill them if you want but it will not be paid ,so there is not much point and it only complicates things.
I would perhaps when you are further along with the process inform them of a charge for your time etc when they are not sending you documents you are requesting . As shown in letter 3 in the link below.

https://goodf.forumotion.com/t1153-new-alternative-letters-for-original-lenders-bank-credit-cards

by volgabulghar Mon Jul 08, 2019 11:19 am

I've sent all those 3 letters and they have not given anything i asked but after letter 1 they did give a photocopy of the agreement with a my signature but no signature from them.

None of the 3 letters mention only using Royal mail so I will have to send another notice.

I wasnt expecting to be paid but it gives the impression I mean what I say and cancels out any charge they put on me. How does it complicate things?

I am waiting until the end of the month and then sending the estoppel.

Thanks

by **daveiron** Mon Jul 08, 2019 11:32 am

Its in letter one.

by volgabulghar Mon Jul 08, 2019 11:35 am

Haha so it is. It feels like years since I sent it that i forgot. Thanks for pointing this out.

As I said, they only replied to my letter when they sent a photocopy of the agreement, signed by me and not by them!

Then they have just been ignoring me but sent a letter to urgently call them and a text ,(which was probably automatic).

So do I just keep calm until it's time for the estoppel?

Thanks

by volgabulghar Mon Jul 08, 2019 11:41 am

Does harassment act in letter 1 stop anyone coming to my door?

by **daveiron** Mon Jul 08, 2019 12:37 pm

Yes ,as you say just keep calm, its extremely unlikely anyone will ever come to your door & if they threaten to i have a letter that will deal with that.

Just realise this is going to be an ongoing process at the very least its going to take months.

by volgabulghar Mon Jul 08, 2019 1:13 pm

What is the other letter you speak of... is it the same as the withdrawal of implied access and do I need one of those on my door?

The photocopy they send me of the agreement with my signature and not there signature but just a print in capitals not in any box saying "Signed on behalf of the bank of ireland" is not good enough, is it?

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