Re: DSAR

by brownowl Thu Sep 15, 2022 8:42 pm

flyingfish wrote:
brownowl wrote:I've only send DSAR x 2, NoCAs 1 and 2. So no CCA request, I did not think I would need it since a DSAR should cover that.
Sorry I missed this point earlier. A CCA request is different from a DSAR in a couple of ways. The DSAR returns your personal information, so for example may not include terms and conditions or other standardised documents that do not bear your name. In addition the CCA has statutory force, if compliant documents are not provided then the creditor is barred from enforcement action until they provide them.

Thank you flyingfish. I may have to request a CCA then in that case!

I have sent 6 notices in total now:

1. DSAR
2. Notifying of contacting ICO
3. Rebutting that it was a complaint and asking for DSAR again
4. NoCA 1 & Cease & Desist
5. NoCA 2
6. NoCA 3 & Thanking them for notifying me of fraud

I've made my affadavit but I do not have anyone to witness signing it. I imagine I should just wait now for it to be passed to a DCA? Or send a CCA request? rather than sending the affadavit until I would be able to get a witness.

Thanks

by **daveiron** Thu Sep 15, 2022 9:02 pm

brownowl wrote:In the Affadavit:

"Parsnip and Co trespassed in my private affairs on two occasions and have failed to provide documentation in which a person (Fred Smith CEO) has accepted liability for these claims as no corporate entity can make such claims, only a person."

How have Parsnip and Co Trespassed? Is this because it was passed to Complaints Department and the Legal Team? Does that not mean Complaints Department or the Legal Team trespassed? as they were third party interlopers?

Also, is this not something I send, but just keep in case it goes to court? In reality I don't have 2 witnesses that will sign this for me.

Thank very much again

Just a reminder, There are 3 NoCAs followed by a forth and final notice which you can use instead of affidavit if you wish.

by brownowl Sat Sep 17, 2022 10:40 am

daveiron wrote:
brownowl wrote:In the Affadavit:

"Parsnip and Co trespassed in my private affairs on two occasions and have failed to provide documentation in which a person (Fred Smith CEO) has accepted liability for these claims as no corporate entity can make such claims, only a person."

How have Parsnip and Co Trespassed? Is this because it was passed to Complaints Department and the Legal Team? Does that not mean Complaints Department or the Legal Team trespassed? as they were third party interlopers?

Also, is this not something I send, but just keep in case it goes to court? In reality I don't have 2 witnesses that will sign this for me.

Thank very much again
Just a reminder, There are 3 NoCAs followed by a forth and final notice which you can use instead of affidavit if you wish.

Great sounds like a better option to me at the moment. Is this just a 4th NoCA with my own additions or is it a different kind of notice, like an estoppel?

Also, made a school boy error in that the date on the last notice says XX/08/2022 and should have been XX/09/2022 however the receipt and tracking have the correct date. I guess it wont make a difference if I send a 4th notice + I have given them ample time between each notice.

Thanks!

by **daveiron** Sat Sep 17, 2022 11:01 am

Read Notice 4 (this was added in march so you may have missed it)
If its still with OC just tweek to suit.
https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only

by brownowl Tue Sep 20, 2022 8:21 pm

daveiron wrote:Read Notice 4 (this was added in march so you may have missed it)
If its still with OC just tweek to suit.
https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only

Thanks, if I ever have to do this again I am going to wait until it is passed to DCA rather than bothering with the OC.

by brownowl Thu Sep 22, 2022 4:11 pm

Hello, do Bailiffs ever get involved for debts like this?
It has all gone quiet on the other side. I am surprised it has not been passed to a DCA? Thanks

by flyingfish Thu Sep 22, 2022 4:29 pm

They don't have a court judgement against you do they? If not then bailiffs can't do anything.

by brownowl Thu Sep 22, 2022 9:02 pm

flyingfish wrote:They don't have a court judgement against you do they? If not then bailiffs can't do anything.

No they don't. Are they likely to go for a court judgement?

by **daveiron** Thu Sep 22, 2022 10:18 pm

In my experience ,all have gone very quiet after the NoCAs .I have one who after writing
every month for years suddenly stopped after the notices 18 months ago and it will SB
in exactly 1 month.

by brownowl Fri Sep 23, 2022 4:10 am

Haha great, Every month for years, dedication!

What did they send to you during that time?

So i guess as long as you keep requesting information for them to prove the alleged debt then they stay at arms length and cannot really do anything??! Sometime I forget that this is all an elaborate game!

But so i know for next time, how would I get a debt passed to a DCA rather than deal with an OC?

by **daveiron** Fri Sep 23, 2022 9:27 am

I just treated the a**holes with the comtempt they deserve, I did however
know it was uninforceable.
https://goodf.forumotion.com/t3813-i-dont-think-pra-like-me-anymore?highlight=i+dont+think+pra

They may or may not pass it on,so just keep requesting verification of the
alleged debt, if they can see they are getting nowhere they may sell it on.
At least they get a small persentage for it.

by brownowl Wed Sep 28, 2022 7:34 pm

daveiron wrote:I just treated the a**holes with the comtempt they deserve, I did however
know it was uninforceable.
https://goodf.forumotion.com/t3813-i-dont-think-pra-like-me-anymore?highlight=i+dont+think+pra

They may or may not pass it on,so just keep requesting verification of the
alleged debt, if they can see they are getting nowhere they may sell it on.
At least they get a small persentage for it.

I am just editing my final NoCA4 now, to send off.
Am i correct in thinking i need to leave off bullet points: 9 and 10 as the alleged debt is still with the OC and I do not recall asking the questions listed in those bullet points...

Thanks

by **daveiron** Wed Sep 28, 2022 8:35 pm

Yes ommitt no 9 , What you are doing is addressing all the points in
your previous notices.

by brownowl Wed Sep 28, 2022 11:42 pm

daveiron wrote:Yes ommitt no 9 , What you are doing is addressing all the points in
your previous notices.

Ok great, I've scanned through my NoCA's and I added these points:

"You were asked if OC had not: 1. Sold or traded in any way the ‘note.’ 2. Made an insurance claim in regards to said ‘note.’ 3. Claimed a ‘write-off’ to HMRC in regards to the alleged account. You failed to respond, therefore we now have a tacit agreement that the ‘note,’ has been sold or traded; claimed on insurance; and/or the note value has been written off by HMRC and therefore the face value of the ‘note,’ has been claimed by you on more than one occasion and you have no lawful claim."

"You were asked if you had evidence that OC provided full disclosure. You failed to respond therefore we now have tacit agreement that you have no evidence of full disclosure."

Hope they are ok. Hopefully someone else will see these messages for their future battles.

by **daveiron** Thu Sep 29, 2022 9:52 am

Yes thats fine, good to see someone customising these and not copy/paste.

Maxims of Law:

Bona fides non patitur, ut bis idem exigatur. Natural equity or good faith do no allow us to demand twice the payment of the same thing. Dig. 50, 17, 57.

Ei incumbit probatio qui dicit, non qui negat. The burden of the proof lies upon him who affirms, not he who denies. Dig. 22, 3, 2; Tait on Ev. 1; 1 Phil. Ev. 194; 1 Greenl. Ev. 74; 3 Louis. R. 83; 2 Dan. Pr. 408; 4 Bouv Inst. n. 4411.

by **daveiron** Fri Sep 30, 2022 9:30 am

Remember its very important to keep copies of these notices, if ever
this raises its head at some time in the future you have evidence that
you attempted to settle any obligation and all your attempts were ignored.

Also remember if notice 4 is not rebutted ,they have tacitly aquiesced to its
contents and stands at law.

by brownowl Fri Sep 30, 2022 10:11 am

I've kept everything digitally, hard copies and on a server

by brownowl Fri Sep 30, 2022 1:12 pm

I noticed that when checking the tracking details on RM website, my NoCA3 did still says "we've got it" meaning that it may or may not have been delivered. I am sure it did get delivered and the RM staff did not scan it properly. However, this could mean the OC could say they never got it. I guess to make sure I will send another NoCA in a couple of weeks to cover my back?

You pay for signed for so you can track it but RM seem to be incapable sometimes.

by **daveiron** Fri Sep 30, 2022 2:13 pm

I would not bother ,you have proof of posting so its classed as delivered.

I get that a lot from RM signed for ,make a claim & they usually send you
half a dozen 1st class stamps.

by brownowl Sat Oct 01, 2022 6:01 pm

daveiron wrote:I would not bother ,you have proof of posting so its classed as delivered.

I get that a lot from RM signed for ,make a claim & they usually send you
half a dozen 1st class stamps.

Could they not contest that they never received I though?

by Sam97 Sat Oct 01, 2022 6:19 pm

Once an item has been posted it is considered the property of the recipient & therefore delivered, however, I would get a certificate of postage which has their address on then there is no argument., especially if you suspect getting it signed for will be a problem. Many parasite corporations pull all sorts of tricks in order to make you think your notices have failed to hit the mark, the biggest one of course is ignoring your notices & affidavits all together, at which point most give up instead of placing a claim against them in Chancery, anxiety, uncertainty & fear is their biggest weapon against us.

by **daveiron** Sat Oct 01, 2022 8:39 pm

If you really want to make sure ,resend no 3 ,you could write 'copy'
on it ,give it 7 days and send final notice. I presume the ceo has not responded
anyway to the previous notices, Also unless they rebut receipt of no 3 ,it stands.

by brownowl Sat Oct 01, 2022 8:54 pm

Sam97 wrote:Once an item has been posted it is considered the property of the recipient & therefore delivered, however, I would get a certificate of postage which has their address on then there is no argument., especially if you suspect getting it signed for will be a problem. Many parasite corporations pull all sorts of tricks in order to make you think your notices have failed to hit the mark, the biggest one of course is ignoring your notices & affidavits all together, at which point most give up instead of placing a claim against them in Chancery, anxiety, uncertainty & fear is their biggest weapon against us.

I have all the proof of postage receipts. All the other notices have been signed for.

by brownowl Sat Oct 01, 2022 8:56 pm

daveiron wrote:If you really want to make sure ,resend no 3 ,you could write 'copy'
on it ,give it 7 days and send final notice. I presume the ceo has not responded
anyway to the previous notices, Also unless they rebut receipt of no 3 ,it stands.

Thanks. The CEO will never respond! I would like them to pass it to a DCA.

by **daveiron** Sat Oct 01, 2022 9:36 pm

With any luck it will just go dead and not even sold on . Remember their non rebuttal
is their agreement there is no debt.

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