New comers please read

[davidlloyd]

Thanks wishy

[jasonessex]

Hi there all,

I'm a newbie on the site and wished I'd had this info so I could have followed all the steps outlined here - which are eye-opening to say the least.

You could say I did all the things you shouldn't have regarding my Credit Card Pirates !! (but I think I'm now learning fast and have many other pirates to contend with)

I got court papers from one, I filed a defence (saying I had no info on any claim), got a stay, the other partys rep (solicitor) filed theirs, court continued, they refused mediation, date fixed, I asked for ajournment when they sent their huge pack (which had my signature on an agreement and theirs too - but an anoymous mark (on behalf of Bank)), I got their rep to agree to adjornment and now I'm due for a hearing in 8 weeks !!

Considering that my signature was used to their benefit, and I'm sure they can't show accounting or invoice (as we know what their really up to) would I still be able use some of the methods outlined here.

Ceylon - has provided some great tools - but with my "signature" on the agreement I'm not sure where I stand.

Please could you respond with your suggestions As I feel my ship may sink otherwise!"

Thanks all )

Hope we can make them pirates walk the plank:))

In court, ask to see the original agreement as you don't recall signing it and if you didn't then someone may have forged your signature. They need the original to enforce. They may have a reconstitued copy but having the original is key!!

[DeanM1]

Thanks too everyone who has (over the last 5 days) been so willing to help and so spot on in their comments - the wealth of experience really shows.

Thanks Jasonessex,

I was thinking along the similar lines - when I read that only "Wet Ink" signatures are necessary to bind parties.

But the thought that these scheming "financial terrorists" have been quick to amend CCA statutes to reflect this - allowing the "Magi-c"ourts to accept reconstituted agreements - even when unsigned !! - I hope I'm wrong on this - please enlighting me if I am?

I got an e-mail from the big cheese from the Interloper (Sol-Isis-tor) asking permission to communicate via e-mail to discuss the matter (yesss I know I shouldn't have given it to them to begin with - however I had less than 10 days to get them to agree to an adjornment - and forward it to the court again by e-mail etc - and it was granted). I did reply that all comms must be in writing - by post only - and no further response would be provided electronically.

"Eyes and Ears wide open" to further snippets of wisdom. )

And from anyone out there who may have taken the Citizen Advice/CSSS, CCA 1974 Request or Subject Access Request route - which leaves you in "no mans land" if the other party refuses to respond but initiates collection/legal proceedings - Please let me know your thoughts )

GOODF is really unique - because is it can be really effective in leaving no stone unturned - and very few legs for "them" to stand-on.))

D

[stoneybroke]

i agree totaly dean this site provides so many options of fighting the scum thanks to ceylon and all the members who take the time effort to do research and put it in to practice then open thier hearts to share, : 3 beers, sorry i mean cheers for everyone

[wishy]

Be careful with email,they can serve notice electronically,its in the civil procedures white book.I would think about changing email accounts and not telling them.The fact he asked permission and received a response shows proof of a valid serve-able address.You've got to watch the sneeky f##kers

[pellerey5269]

Hi wishy and all,

your post is interesting and extremely helpfull.
Since i have been trying to clear the field here in nether-land with the big guys from the gov i would like to ask you if this can work here also. Better way is to try out but before i would like to ask some opinion on the matter.
here they run their scam on civil law instead of common law but any way i brought them into a tacit agreement with the three letters now i am billing them.

they are trying to ignore it and carry on with the fines.
the ned NHS is trying to bring me on contract to pay a private health insurance, since i did not they sent a GOV DCA after me, i did the 3 letter with the gov DCA and i am now billing them because they carry on bother me.

because i am ignorng they terms and fines are not being paid they will move to the 3 step which is the dutch bayliff and then probably the court.
so i wanted to ask you if i use the steem method and the return to sender method here will they stop?

thanks for the post

Mauro

[wishy]

Hi mate,
I used to live over in Venlo a few years ago.Anyway what i found over there is that Dutch people are generally more helpfull.So ask in your local Postkantoor what is the process for returned letters.The postoffice acts as witness to postal conversations.
There is a post on this site that talks about the universal international postoffice in Switzerland.
So i think postoffice rules are the same all over the world.

[scunner]

Hi All..
Just recieved a reply from CapQuest to my 3rd letter... In a nutshell, they are bleating on about how they will not be fulfilling my invoices, nor any additional claims for monies, as they have no legal standing with CapQuest, and any legal action will be defended viorously. What i have said has no foundation in law, and they are not bound to what i have said unless they expressly agree in writing, this also applies to my alleged cost.. And for the avoidance of doubt, they have not entered into a contract with me and are not bound by my terms..
They also said, that its clear from my correspondence that i am not willing to pay my outstanding ballance, so they have made the decision, to close my account, and return all accounts and correspondence back to Capital One Bank.. They also confirm that i will have no further communication from them regarding my accounts......

RESULT.......

Makes you laugh really eh?? They tell me i have no legal standing with my letters, but make a point of denying any contract with me, unless they accept in writing....

If this ' three letter ' process had no legal standing, why didnt they just throw them in the bin ??

I won !!!! they lost.... Its a game, and im happy to play now that i am getting to understand the rules.... MBNA is next on my fixture list.....

Keep up the good fight....YeeeHaaa !!!

[lilythepink]

Thanks Wishy, thats a really helpful post, made me smile and give a big PHEW!

I've been wondering about returning letters, especially as the rest is so complicated although I am trying to come up to speed Ifeel asthough im trapped anyway as I have got to spend so much time studying to be knowledgeable and therefore in the position of power. I realise its all a matter of perception and once I get going i will feel stronger, and I do aim to be clued up, and able to spread the word

Anyway back to returned letters. I am still paying credit card, loan but need to stop. As soon as Ive worked out what path to take.
Fortunately (I think) I also have to move soon, so was wondering about whether to just start sending letters back, get post held at post office and send them back bulk when I pick them up (wont have an address for a while) and be ready for bailiffs, phone calls before dissapearing into the horizon.
OR send the 3 letters at proper intervals (which may be tricky if Ive already moved) then return future letters to sender?

Is there any advantage to going through the procedure when I could probably quite easily just not be available.

Thankyou, thankyou, thankyou all for your time

[wishy]

Hi lilythepink,the pink the pink
Get yourself a new bank account,if needed,before you stop paying.Then stop paying and send back their letters as they come(as their letters have time limits too)
LEAVE NO FORWARDING ADDRESS including with the post office.
I would stop paying and even send back the monthly statements "return to sender,not known at this address,no forwarding address"
They will go away,and after 6 years (with no contact) they cant do anything.
The only problem i can see with you moving is that, when letters are returned it stops them going any further,they will probably continue after you've left and be able to give a negative credit rating.
Join your local Credit Union,which is a peoples co operative,which will loan on what you can afford,if needed in the future.