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Moon phases
Letter from capital one
3 posters
Page 1 of 1
Letter from capital one
Got this after sending original lenders letter.
- Attachments
magoo1- Newb
- Posts : 5
Join date : 2019-05-29
Re: Letter from capital one
I noticed it was signed by someone who is head of PPI, the first part looked like it was for a credit card just thought I’d point it out as someone with way more experience than me might be able to pick up on this and help fight your corner
Sharpysparky
Sharpysparky
Sharpysparky- Very helpful
- Posts : 303
Join date : 2018-05-30
Re: Letter from capital one
Hi Magoo
I have had that letter before from capital one, this is what I sent back and have not heard a peep from them in ages
Thank you for your letter dated, xx/xx/xxxx, the contents of which are noted and rebutted in their entirety.
First of all I would ask what Law School, if any, you attended and if so I would be grateful for sight of your Law Degree and Certificate of Practice that allows you to practice law and/or give out legal advice.
The reason I ask is that you insist verification of any alleged debt is American law. However, I would like to point out your failing in this belief as in English Law in order to be successful in civil proceedings, the claimant must prove by evidence (the evidential burden) the facts to the standard of the legal burden of proof, which is on the balance of probabilities. Furthermore, it is a fundamental principle of English law that a litigant/claimant/proclaimer bears the burden (or “onus”) of proof in respect of the propositions it asserts to prove its claim. The burden of proof does not lie with the person who denies the allegation, however the party denying the allegation is able to admit evidence to show that what is alleged was not the case. Unless the party is able to prove the fact by relying on judicial notice or a presumption, the fact must be proved by formal evidence. Accordingly, the burden of proof is applied which requires a person to prove the facts that he/she relies upon.
I would therefore proffer as per the above, that your assumption that verification of any alleged debt is American Law, is flawed, erroneous and ill founded. It might interest you to know that all American Law is based on English Law, which is also the basis of all Common Law nations on this planet.
What you sent me is not a true and certified copy, is NOT what I asked for and therefore I DO NOT accept it. Simple as that
As for your terms and conditions that always seems to be the best excuse for everything companies like yourselves can come up with. Just because your customers are forced to say they agree in order to get the service they require that DOES NOT mean they truly agree. I would like to remind you that I am no longer your customer and any implied agreement to your terms and conditions is hereby REVOKED
This matter does not concern the financial ombudsman service or any other third party it is between myself and Capital One. For avoidance of any doubt I still DO NOT acknowledge any debt to your company. The status of the account is “In Dispute” and not what you claim it is in your letter
In closing I would request that you refrain from attempting to contact me in this repetitive manner declaring none existent laws and erroneous and ill founded propositions, based on supposition and an obvious lack of knowledge of English Law.
I have had that letter before from capital one, this is what I sent back and have not heard a peep from them in ages
Thank you for your letter dated, xx/xx/xxxx, the contents of which are noted and rebutted in their entirety.
First of all I would ask what Law School, if any, you attended and if so I would be grateful for sight of your Law Degree and Certificate of Practice that allows you to practice law and/or give out legal advice.
The reason I ask is that you insist verification of any alleged debt is American law. However, I would like to point out your failing in this belief as in English Law in order to be successful in civil proceedings, the claimant must prove by evidence (the evidential burden) the facts to the standard of the legal burden of proof, which is on the balance of probabilities. Furthermore, it is a fundamental principle of English law that a litigant/claimant/proclaimer bears the burden (or “onus”) of proof in respect of the propositions it asserts to prove its claim. The burden of proof does not lie with the person who denies the allegation, however the party denying the allegation is able to admit evidence to show that what is alleged was not the case. Unless the party is able to prove the fact by relying on judicial notice or a presumption, the fact must be proved by formal evidence. Accordingly, the burden of proof is applied which requires a person to prove the facts that he/she relies upon.
I would therefore proffer as per the above, that your assumption that verification of any alleged debt is American Law, is flawed, erroneous and ill founded. It might interest you to know that all American Law is based on English Law, which is also the basis of all Common Law nations on this planet.
What you sent me is not a true and certified copy, is NOT what I asked for and therefore I DO NOT accept it. Simple as that
As for your terms and conditions that always seems to be the best excuse for everything companies like yourselves can come up with. Just because your customers are forced to say they agree in order to get the service they require that DOES NOT mean they truly agree. I would like to remind you that I am no longer your customer and any implied agreement to your terms and conditions is hereby REVOKED
This matter does not concern the financial ombudsman service or any other third party it is between myself and Capital One. For avoidance of any doubt I still DO NOT acknowledge any debt to your company. The status of the account is “In Dispute” and not what you claim it is in your letter
In closing I would request that you refrain from attempting to contact me in this repetitive manner declaring none existent laws and erroneous and ill founded propositions, based on supposition and an obvious lack of knowledge of English Law.
discodave4093- Not so newb
- Posts : 78
Join date : 2017-05-30
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