Lloyds again and other C/C's

[ceylon]

post your estoppel as many have asked i have only supplied the debt one many will be happy to see what you have done, you will be helping others at the same time.

[I am B]

post your estoppel as many have asked i have only supplied the debt one many will be happy to see what you have done, you will be helping others at the same time.

Yes of course-i'll put it up tomorrow. I havent got a scanner so i'll type it up. Its nothing special tbh-i mainly hybridized your DCA one with a wee bit of Veronica's and a bit relevant to my situation. If it helps give ideas then im sure someone can do a better one
Just hope there's no glaring errors in it as im still in newbie phase with all this but getting there thanks to this sites support.

[morradichi]

Here's one I sent out to Bank of Ireland two weeks ago. (Names have been changed to protect the innocent and not so innocent)

©Joseph-Patrick: Bloggs Authorised Representative for
JOE BLOGGS™ and all derivatives thereof.
C/o 9 My Gaff
Quaint Little Village
Co. Kildare

I. Grabbim
Group Chief Executive,
The Banksters,
40 Mespil Road,
Dublin 4.

CC: I. Squeezim, Collections Department

7 March 2011

Re: Mortgage Account No. XXXXXX

Non-Negotiable
Notice of Irrevocable Estoppel by Acquiescence

Notice to Agent is Notice to Principal Notice to Principal is Notice to Agent

Dear I. Grabbim


With reference to the letters dated 14 January, 24 January and 3 February all delivered by registered mail.

In those letters I asked you to provide the following reasonably requested specific items:
1. Validation of the debt (the actual accounting);
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with Bills of Exchange Act (1882) );
3. A copy of the contract signed by both parties and therefore binding both parties.
I herby serve Notice that Bank of Ireland/ICS Building Society’s failure to provide Proof of Claim has created a permanent and irrevocable estoppel by acquiescence, forevermore barring Bank of Ireland/ICS Building Society from bringing any and all claims, legal actions, orders, demands, lawsuits, costs, levies, penalties, damages, interests, liens and expenses whatsoever, against JOE BLOGGS™.

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 Bank of Ireland/ICS Building Society’s agreement to the following terms and conditions.
1. That the debt did not exist in the first place;
OR
2. It has already been paid in full;
AND
3. That any damages I suffer, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.
6. You agree to pay all fee schedules.

Fee Schedule

Any further invalid claims against JOE BLOGGS™ and/or attempting to contact the Authorised Representative by mail, mobile phone and/or telephone will constitute the agreement of Bank of Ireland/ICS Building Society to the following Fee Schedule:
1. €1000.00 (ONE THOUSAND EURO) per invalid claim in writing, nunc pro tunc,
2. €1000.00 (ONE THOUSAND EURO) per letter and/or notice sent by recorded mail,nunc pro tunc,
3. €1000.00 (ONE THOUSAND EURO) per hour or portion thereof, of the Authorised Representative’s time, nunc pro tunc,
4. €1000.00 (ONE THOUSAND EURO) per attempt to contact by telephone and/or mobile phone.
5. €1,000,000 (ONE MILLION EURO) per unauthorised © or ™ infringement.
All fees are payable in Twenty One (21) days of date of invoice is received, as evidenced by registered mail tracking number.

Without malice or mischief, in sincerity and honour


By:

By: ©Joseph-Patrick: Bloggs; Authorised Representative


Errors & Omissions Excepted

WITHOUT PREJUDICE – WITHOUT RECOURSE – NON-ASSUMPSIT

[I am B]

LTSB have replied to my estoppel to them using the correct address (the po box)-here it is:-

"Thank you for your letter of xx xxx, addressed to our Group Chief Executive, Antonio Horta-Osorio. It has been passed to me to reply.
I refer you to Mr xxxx letter to you of xx xxxx. This explained our position and represented our final reply for the purposes of the Financial Ombudsman Service (FOS).

In summary:

*We are under no obligation to provide you either the information or the documentation you request.
*We consider our agreement with you is valid. Under the terms of the agreement to which you agreed, you are obliged to make the monthly payments. If you do not do so, we may have no option but to instruct our solicitors to issue proceedings to enforce the agreement.
*We are concerned that you may be obtaining incorrect advice as to your legal rights from a third party or internet web site. If followed, it is possible that this will cause you to breach the terms of your agreement.
*Your agreement or anyrequest for payment under that agreement is not a bill of exchange. In addition, your request for documentation is incapable, in English Law, of creating a liability by the bank and will not become a valid bill of exchange.
*The Bills of Exchange Act 1882 does not give any authoriy to any person, other than the Courts, to make an award against us. Any award purportedly created by anything other than the court has no validity in English Law"

I intend to the following:
Refuse for Cause the letter.
Take copy and NCRTS it.

One question if i may. I know i can bill them for sending an unprepaid letter after the estoppel but am i correct in thinking that i can also bill them for 3x the original amount for breaking the tacit/estoppel?
Thank you in advance
Oh, and letter 1 went off to Tesco Bank today and will be doing mbna shortly.

[ceylon]

yes and yes
we need to put private and confidential on the letters then they are commiting fraud if anyone else sees them.

[I am B]

yes and yes
we need to put private and confidential on the letters then they are commiting fraud if anyone else sees them.

Many thanks Ceylon. Do you mean Private & Confidential on the "3 letters"? Apologies for being in thick mode this morning!

[ceylon]

on the envelopes i mean

[I am B]

on the envelopes i mean

Yep, sorry!

[jimbob]

I'm a newbi and have just started actions against two banks. I've had a similar repsonse from the Halifax about Letter 1 not being "legal" etc. Reading ahead on some posts, some people have got to estoppel stage and are going backwards and forwards with letters with Banks ignoring the estoppel letter and charges. At that point do you take the bank to court for non payment of the schedule of charges ...or do you keep going until the bank starts legal proceedings and you hope the judge recognises the lawful status of the Tacit agreement. A heads up would be good from anyone who has discharged their debt by using this process and without having to go to court?
Jimbob

[kittiebelle]

I think mescalito has had some success by putting an extra bit on the DC letters, stating that they agree to take on the liability of what the bank owes due to breaching the agreement and then the DC's have closed the account and sent it back to bank. There is a link somewhere on the forum to his interview with ben lowrey in which he explains this.

I am wandering about taking egg to court myself. But I don't think it's worth the hassle. If I do take a bankster to court it will be for something big like my mortgage. As far as I'm concerned, just not having to pay'em anything is great. I enjoy writing the letters. Don't care if it's not 'written off' as such cos it doesn't exist anyway. You'll just have a default on yr credit file, which you can challenge if you want. I have several, yet when I rang virgin about a new phone contract they said my credit was good for upto three phones !!! In the long run, they are desparate to lend us