NEW/REVISED DEBT COLLECTOR LETTERS

Moderators: Faljay, Tiggy, williams2583, SalliNae

NEW/REVISED DEBT COLLECTOR LETTERS

Postby Faljay » Fri Jan 20, 2017 4:17 pm

Hi all,

As neither Jon, nor ceylon, bothered to post up my New/revised Debt Collector letters [least said about the pair of them the better], I have decided to post them up myself:



Letter 1:


NON-NEGOTIABLE
[FIRSTNAME LOWERCASE] of the family [SURNAME LOWERCASE]
c/o [YOUR ADDRESS]
[YOUR ADDRESS]
[YOUR ADDRESS]
[YOUR ADDRESS]
[YOUR POSTCODE]


[COLLECTION CONTACT] Collections Department

[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR POSTCODE]

15th July 2013
NOTICE TO AGENT IS NOTICE TO PRINCIPAL: NOTICE TO PRINCIPAL IS NOTICE TO AGENT
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY WAY SHAPE OR FORM
THIS IS A DISPUTE NOT A COMPLAINT AND MUST BE TREATED AS A DISPUTE UNDER FCA REGULATIONS
Enclosed: Denial of Implied Right of Access
Re: Reference Number: [ACCOUNT NUMBER]
Dear Interloper

Thank you for your recent contact dated: [LAST LETTER DATE].

I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages and should they continue, I must warn you that they will now constitute ‘harassment' and I may take action under Section 1 of the Protection from Harassment Act 1997 and the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing 'alarm, distress or humiliation', because of their frequency or manner.

Please provide verification of your claim, by providing me with true and certified copies (Not photocopies) of the Deed of Assignment (NOT Notice of Assignment) and Deed of Novation. Please also provide me with the name of the individual who is the duly authorised representative from your company, who has seen the Original Note and is certifying these assignments as certified copies and that your company now has the Original Note (Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to your company purchasing this account. Please also confirm the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.
Please provide this information and documents within ten (10) days from the above date, so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement by virtue of Acquiescence to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further; that any further contact constitutes harassment; that you will cease all processing of my data.
Please be aware that 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 relies upon.

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full, the terms of which will be agreed upon in due course.

Yours faithfully,



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

WITHOUT RECOURSE - NON-ASSUMPSIT
Calls maybe recorded



Letter 2:



NON-NEGOTIABLE
[FIRSTNAME LOWERCASE] of the family [SURNAME LOWERCASE]
c/o [YOUR ADDRESS]
[YOUR ADDRESS]
[YOUR ADDRESS]
[YOUR ADDRESS]
[COLLECTION CONTACT] Collections Department

[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR POSTCODE]
15th July 2013
NOTICE TO AGENT IS NOTICE TO PRINCIPAL: NOTICE TO PRINCIPAL IS NOTICE TO AGENT
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY WAY SHAPE OR FORM
THIS IS A DISPUTE NOT A COMPLAINT AND MUST BE TREATED AS A DISPUTE UNDER FCA REGULATIONS
Enclosed: Section 10 Data Notice
Re: Reference Number: [ACCOUNT NUMBER]
Dear Interloper
I wrote to you on requesting verification of your claim, by providing me with true and certified copies (NOT photocopies) of the Deed of Assignment (Not the Notice of Assignment) and Deed of Novation. I also requested the name of the individual who is the duly authorised representative from your company, who has seen the Original Note and is certifying these assignments as certified copies and that your company now has the Original Note (Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to your company purchasing this account and also confirmation of the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.
This verification is required to validate your claim, so that I may settle any financial obligation I might lawfully owe. Your said failure to provide the requested documentation within ten (10) days from the above date will constitute your agreement by virtue of Acquiescence to the following terms:
That you are a third party interloper;
That you have no legal standing;
That you have no first-hand knowledge of this matter;
That your claim is fraudulent;
5. That any negative remarks made to a credit reference agency will be removed;
6. You will no longer pursue this matter any further;
7. That any further contact constitutes harassment;
8. That you will cease all processing of my data;

Please be aware that 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 relies upon.

Should you provide sufficient evidence that I owe your organization or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full, the terms of which will be agreed upon in due course.

Yours faithfully,



No assured value. No liability. Errors & Omissions Accepted. All Rights Reserved.

WITHOUT RECOURSE - NON-ASSUMPSIT
Calls maybe recorded




Letter 3:



NON-NEGOTIABLE
[FIRSTNAME LOWERCASE] of the family [SURNAME LOWERCASE]
c/o [YOUR ADDRESS]
[YOUR ADDRESS]
[YOUR ADDRESS]
[YOUR ADDRESS]

[COLLECTION CONTACT] Collections Department

[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR POSTCODE]
15th July 2013
NOTICE TO AGENT IS NOTICE TO PRINCIPAL: NOTICE TO PRINCIPAL IS NOTICE TO AGENT
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY WAY SHAPE OR FORM
THIS IS A DISPUTE NOT A COMPLAINT AND MUST BE TREATED AS A DISPUTE UNDER FCA REGULATIONS
Enclosed: Notice of Intention of Estoppel
Re: Reference Number: [ACCOUNT NUMBER]
Dear Interloper
I wrote to you on requesting verification of your claim, by providing me with true and certified copies (NOT photocopies) of the Deed of Assignment (Not the Notice of Assignment) and Deed of Novation. I also requested the name of the individual who is the duly authorised representative from your company, who has seen the Original Note and is certifying these assignments as certified copies and that your company now has the Original Note (Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to your company purchasing this account and also confirmation of the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.
This verification is required to validate your claim, so that I may settle any financial obligation I might lawfully owe. As you have failed to provide the documentation within the ten (10) days requested in my last correspondence, we are now in agreement to by Virtue of Acquiescence, the following terms:
That you are a third party interloper;
That you have no legal standing;
That you have no first-hand knowledge of this matter;
That your claim is fraudulent;
5. That any negative remarks made to a credit reference agency will be removed;
6. You will no longer pursue this matter any further;
7. That any further contact constitutes harassment;
8. That you will cease all processing of my data;


Please be aware that 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 relies upon.

Furthermore, if you continue to pursue this matter now an Agreement by Virtue of Acquiescence is in place, and unless you fulfil your duties under the terms of said agreement, I will have no recourse other than to take legal action against you, and/or your client for harassment under the Protection from Harassment Act 1997.

Also, if you continue to process my data, in breach of the Agreement by Virtue of Acquiescence, I shall report your illegal actions to the Information Commissioner's Office, who may deem it necessary to revoke your Consumer Credit License and may also charge you with Criminal Offences under the Data Protection Act 1998.

Yours faithfully,


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

WITHOUT RECOURSE - NON-ASSUMPSIT Calls maybe recorded




Estoppel:



Estoppel Notice
NON-NEGOTIABLE
©[FIRSTNAME LOWERCASE] of the family [SURNAME LOWERCASE] Authorised Representative for
[FULLNAME UPPERCASE]™ and all derivatives thereof
c/o [YOUR ADDRESS]
[YOUR ADDRESS]
[YOUR ADDRESS]
[YOUR ADDRESS]

[COLLECTION CONTACT] Collections Department
[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR POSTCODE]
15th July 2013
Notice of Irrevocable Estoppel by Acquiescence

Notice to Agent is Notice to Principal. Notice to Principal is Notice to Agent
Re: Reference Number: [ACCOUNT NUMBER]
Dear Interloper
With reference to the letter dated [LAST LETTER DATE] delivered by recorded mail. In this letter I asked you to provide the following reasonably requested specific items:
Proof of Claim that the alleged liability has been created in the form of an original contract.
Proof of Claim that the alleged liability exists in the form of a verified true bill signed by your client and charged to [FULLNAME UPPERCASE]™ pursuant to the The Bills of Exchange Act (1882)
Proof of Claim that [THEIR COMPANY NAME] has the legal right and lawful authority to attempt to enforce collection of the alleged liability in the form of Proof of Agency.
I herby serve Notice that failure to provide Proof of Claim by [THEIR COMPANY NAME], has created a permanent and irrevocable estoppel by acquiescence, forevermore barring [THEIR COMPANY NAME] from bringing any and all claims, legal actions, orders, demands, lawsuits, costs, levies, penalties, damages, interests, liens and expenses whatsoever, against [FULLNAME UPPERCASE]™.

It is important that you acknowledge and understand that this is not a letter but a legal notice, which is a different specie of correspondence all together. I hereby declare that the law of agent and principal shall apply and that service upon one is service upon another.

Furthermore, your failure to provide Proof of Claim in the form of the above reasonably requested specific items comprises the tacit procuration of [THEIR COMPANY NAME]’s agreement to the following terms and conditions.

That the debt did not exist in the first place;
OR
It has already been paid in full.

Furthermore, if you continue to pursue this matter now an Agreement by Virtue of Acquiescence is in place, and unless you fulfil your duties under the terms of said agreement, I will have no recourse other than to take legal action against you, and/or your client for harassment under the Protection from Harassment Act 1997.

Also, if you continue to process my data, in breach of the Agreement by Virtue of Acquiescence, I shall report your illegal actions to the Information Commissioner's Office, who may deem it necessary to revoke your Consumer Credit License and may also charge you with Criminal Offences under the Data Protection Act 1998.

Yours faithfully,

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

WITHOUT RECOURSE - NON-ASSUMPSIT

Calls maybe recorded






Take Care.

:D
Faljay
Moderator
Moderator
 
Posts: 14869
Joined: Fri Jul 12, 2013 1:17 pm

Re: NEW/REVISED DEBT COLLECTOR LETTERS

Postby landlubber » Mon Jan 23, 2017 2:30 pm

Well done, Faljay...These letters are the only means to keeping the dogs at bay, so it's great to see them posted. :D
landlubber
Platinum Member
Platinum Member
 
Posts: 5270
Joined: Wed Nov 07, 2012 2:30 am
Location: Now living in a tax haven.

Re: NEW/REVISED DEBT COLLECTOR LETTERS

Postby handle » Tue Jan 24, 2017 3:01 pm

Thanks Faljay, can we make these a sticky?
handle
Platinum Member
Platinum Member
 
Posts: 1738
Joined: Sat Jun 21, 2014 11:05 am

Re: NEW/REVISED DEBT COLLECTOR LETTERS

Postby justanotherpeon » Wed Jan 25, 2017 12:22 am

Hi Faljay!

I'm in at the very end of sending my letters.
The final one (Estoppel) goes out in about a month.

Should I use this new one or continue with the old letters I have already sent?

I'm in the USA, not UK... does that make any difference?

Cheers :)
justanotherpeon
Bronze Member
Bronze Member
 
Posts: 43
Joined: Sun Dec 21, 2014 12:27 am

Re: NEW/REVISED DEBT COLLECTOR LETTERS

Postby royboyone » Wed Jan 25, 2017 11:08 am

Saved for Reference, Cheers Faljay. :)
royboyone
Platinum Member
Platinum Member
 
Posts: 2954
Joined: Mon Jul 29, 2013 11:25 am
Location: Somewhere in Gogland.

Re: NEW/REVISED DEBT COLLECTOR LETTERS

Postby AntrobusJ » Sat Jan 28, 2017 9:33 pm

justanotherpeon wrote:Hi Faljay!

I'm in at the very end of sending my letters.
The final one (Estoppel) goes out in about a month.

Should I use this new one or continue with the old letters I have already sent?

I'm in the USA, not UK... does that make any difference?

Cheers :)

No difference at all. They have no basis in law in any jurisdiction.
https://www.getoutofdebtfree.org/other-debt-solutions
AntrobusJ
Silver Member
Silver Member
 
Posts: 183
Joined: Wed Sep 28, 2016 1:30 pm

Re: NEW/REVISED DEBT COLLECTOR LETTERS

Postby Society of the Spectacle » Sat Jan 28, 2017 9:47 pm

AntrobusJ wrote:
justanotherpeon wrote:Hi Faljay!

I'm in at the very end of sending my letters.
The final one (Estoppel) goes out in about a month.

Should I use this new one or continue with the old letters I have already sent?

I'm in the USA, not UK... does that make any difference?

Cheers :)

No difference at all. They have no basis in law in any jurisdiction.
https://www.getoutofdebtfree.org/other-debt-solutions



WHO's word are you going to trust "justanotherpeon" ?

You see with antrollbusted
the price of a free and open forum.
If your bored have a peruse of the success thread.
User avatar
Society of the Spectacle
Platinum Member
Platinum Member
 
Posts: 3834
Joined: Sun Aug 17, 2014 1:23 pm

Re: NEW/REVISED DEBT COLLECTOR LETTERS

Postby AntrobusJ » Sun Jan 29, 2017 1:24 pm

Society of the Spectacle wrote:
AntrobusJ wrote:
justanotherpeon wrote:Hi Faljay!




the price of a free and open forum.
I.

How many time have we seen posts deleted, people banned and whole threads locked (see Latest News), yet you continue to make this claim?

https://web.mst.edu/~psyworld/general/d ... onance.pdf

or just

http://www.dictionary.com/browse/lying
AntrobusJ
Silver Member
Silver Member
 
Posts: 183
Joined: Wed Sep 28, 2016 1:30 pm

Re: NEW/REVISED DEBT COLLECTOR LETTERS

Postby justanotherpeon » Thu Feb 02, 2017 10:08 pm

AntrobusJ wrote:
justanotherpeon wrote:Hi Faljay!

I'm in at the very end of sending my letters.
The final one (Estoppel) goes out in about a month.

Should I use this new one or continue with the old letters I have already sent?

I'm in the USA, not UK... does that make any difference?

Cheers :)

No difference at all. They have no basis in law in any jurisdiction.
https://www.getoutofdebtfree.org/other-debt-solutions


Sorry, is your name Faljay? No. No need to respond to me.

Society of the Spectacle wrote:
AntrobusJ wrote:
justanotherpeon wrote:Hi Faljay!

I'm in at the very end of sending my letters.
The final one (Estoppel) goes out in about a month.

Should I use this new one or continue with the old letters I have already sent?

I'm in the USA, not UK... does that make any difference?

Cheers :)

No difference at all. They have no basis in law in any jurisdiction.
https://www.getoutofdebtfree.org/other-debt-solutions



WHO's word are you going to trust "justanotherpeon" ?

You see with antrollbusted
the price of a free and open forum.
If your bored have a peruse of the success thread.


Already have. It's what got me going on the process. :)
justanotherpeon
Bronze Member
Bronze Member
 
Posts: 43
Joined: Sun Dec 21, 2014 12:27 am


Return to How to use the forum and main site

Who is online

Users browsing this forum: No registered users and 1 guest