I'm writing to inform everyone of my current progress (if you can call it that).
I have been acting on behalf of someone in regards to following the procedure to terminate the existing fraudulent agreements with the above mentioned corporations.
I have followed the same principle as the gents who have kindly organised this site. Although have not used their letters as I seem to have found ones that were localised for my country and they seemed to have more bolstering information in some respects. (you can find the books at [url]theclassifiedfiles.com[/url] and they are available via kindle for $3au ea or something - a complete no brainer if you would like to become very well informed.)
I sent a Notice of Adequate Assurance of Due Performance (letter 1 In the process) to Citibank & HSBC.
Citibank responded with this waste of time letter saying they did not understand blah and would not respond to any further correspondence in regards to this matter. Ofcourse, they were more than warm welcoming a phone call. Rookies.
HSBC - plenty of phone calls all day home and mobile. No letter.
Then after 10 days I post a second letter titled "Notice Default and Demand" (letter 2) to both corporations.
Subtitled "Notice of Default and Demand to Cease and Desist Collection Activities Prior to Validation of Purported Debt"
No reply from citibank. Nothing from HSBC apart from phone calls.
Sent letter 3 titled (NON-NEGOTIABLE - FINAL NOTICE AND DEMAND)
Received 2 Letters back from HSBC. 1 was backdated and had a "copy" stamp on it which was also not signed. The other was a rant about how they do not understand my legalese (even though that is the language they specialise in). They also stated in the 2nd letter which was signed, that they have closed the account and further collection proceedings will be followed or words to that effect.
I replied to hsbc and with that reply I included a final letter 4 (notice of termination) and having not heard from citibank since the reply from the first letter i issued them the same letter.
So not hearing anything from citibank I thought they were going to sell the debt and be done with it. As I was writing in regards to 2 accounts (1 a credit card & the other a cheque loan account or something similar) I assumed that they would sell the lot.
Then 2 days ago I received a Statement of Claim from the Local Court of NSW. (Notice the little word of
there). The corporation court is caliming that I owe citibank $20k or part thereof. The funny thing is, that is what they believe I owe on one account and the credit card is at about $9k. So if they are filing in court for the money, why didn't they file for the total $29k?
Furthermore, the documents received from the court were not signed. I rang the registry upon receipt and he was nearly dead, but he said that "you've got a good point there" which i already knew. Although he then proceeded to tell me that "it wouldn't get thrown out just because the papers weren't signed". The court has said that i have 28 days to respond otherwise a default judgement would be entered. I rang a notary of the public today, and he reckons he's charging $400 an hour. I emailed him and offered him 250 for one judgement. No reply. Anyone used a notary and know what they charged $ wise?
I proceeded today to the registry of the court to attempt to hand in this letter ->http://templates.fmotl.com/RebuttalSEmbedded.php
- has anyone used this template? Ofcourse I localised it. Seems like the morons at the court registry are only capable of mimicking the statement of claim i was "served" with. they would not accept my documents. i've heard that this is illegal? my friend told me that i should get them to sign an affadavit saying they will not accept the documents then see what happens? i decided to post the response (from the link in this paragraph) to the court registry via registered post with delivery confirmation. as the documents were not signed i decided against the notice of conditional acceptance. i still have that up my sleeve should they decide to return post signed documents to me. i'm rather concerned about the court ruling a default judgement as I have not responded via 1 of the 3 ways (as that ofcourse would be automatically standing under their jurisdiction). I'm not overly thrilled it has ended up in the courts as I saw someone on here say that they had a 44k debt with citibank and it was forwarded to 2 debt collections agencies. that is essentially the goal is it not? to get it to the debt agencies?
anyone have any luck dealing with the local court of nsw in respect to a similar scenario? i do not wish to file a defence as that is not my position. I am happy to pay the debt pending answers from these monkeys at the banks. If anyone has further info on how to get the courts off my back I would be much appreciative of any info!
Also if anyone knows of a notary of the public who is cocha with private default judgements who doesn't charge like a wounded bull any info on that would be much appreciated.
I'm very aware that the court move by citibank is a threat and scare tactic, and it does seem to have that effect! cocks!
I guess now I will have to wait and see when and if the courts reply. If I post them a letter do they have to answer it? or can they just pull you into court without honouring your last correspondence? and as i haven't responded via 1 of the 3 methods listed to do so, they are;
1) if you intend to dispute the claim or part of the claim, by filing a defence and/or making a cross-claim,
2)if money is claimed, and you believe you owe the money claimed and,
3) if money is claimed, and you believe you owe part of the money claimed,
they may just enter a default judgement just to be complete cocks (not the outcome i'm after).
in the statement of claim, they also mention that i "did not remedy the default within 30 days of service of the default notice". I NEVER RECEIVED A DEFAULT NOTICE!!! WTF??!
any info folks would be much appreciated!!! am I to file a defence? I understood that to be automatically waiving your rights and giving them jurisdiction?!
anyway if you got anything out of this post its the books at theclassifiedfiles.com and the letters at templates.fmotl.com
also if anyone has any info on how to access your trust account at the treasury and the procedure to follow or a website that has that info relative to australia i would be much appreciative if you would share! if anyones got any questions or would like to see my letter templates i'm happy to share them with you
lets stick together and not let these pricks get it over us! hope everyone is hangin in