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by urchinatheart Mon Mar 18, 2024 2:36 pm
what is an estoppal?
Page 2 of 4 • 1, 2, 3, 4
Re: what is an estoppal?
assassin- Admin
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Location : Wherever I Lay My Head
LionsShare and Mrblue2015 like this post
Re: what is an estoppal?
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>
Mrblue2015- Moderator
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Re: what is an estoppal?
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.
daveiron- Admin
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Re: what is an estoppal?
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
sharman- Not so newb
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Re: what is an estoppal?
Mrblue2015- Moderator
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Re: what is an estoppal?
sharman- Not so newb
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Re: what is an estoppal?
be ignoring as it carries no signature,and rerfer them to your NoCA
daveiron- Admin
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Re: what is an estoppal?
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- Admin
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Re: what is an estoppal?
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?
sharman- Not so newb
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Re: what is an estoppal?
and reject your assumption/presumption regarding any alleged debt.'
daveiron- Admin
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Re: what is an estoppal?
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- Not so newb
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Re: what is an estoppal?
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...
Mrblue2015- Moderator
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Re: what is an estoppal?
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- Admin
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Re: what is an estoppal?
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?
sharman- Not so newb
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Join date : 2020-02-25
Re: what is an estoppal?
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.
daveiron- Admin
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Re: what is an estoppal?
assassin- Admin
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Re: what is an estoppal?
badvoc- news worthy
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Re: what is an estoppal?
sharman- Not so newb
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Re: what is an estoppal?
sharman- Not so newb
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Re: what is an estoppal?
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.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.
flyingfish- dedicated
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Re: what is an estoppal?
sharman- Not so newb
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Re: what is an estoppal?
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.
flyingfish- dedicated
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Re: what is an estoppal?
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?
sharman- Not so newb
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Re: what is an estoppal?
Then just an outline of your defence, not in detail but just showing the points that you will be arguing.
flyingfish- dedicated
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