First time dealing with a bank! Watch out Barclays!

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First time dealing with a bank! Watch out Barclays!

Postby phillwelsh » Mon Sep 28, 2009 4:02 pm

Hi everyone!
Ok so I received a letter from barclays the other day about an over draft I stopped paying off a few months ago.
Goes along the lines of
Further to our previous communications the above debt is still outstanding
you have failed to comply with the repayment requests of central debt collection services, who were acting on our behalf. If you do not contact us with in the next 7 days, your account will be transferred to a DCA for recovery.

this can only be avoided if you contact us and arrange a suitable repayment programme.


Ive never delt with a bank before, only DCA's. I would like someone to look over my notice and just let me know if Im sending the right one. In my eyes Im asking for everything I want but Im just wondering if I need anything else due to it being an overdraft?

here it is (mostly copied from another post :)
September 29th, 2009

Re: PRED/ 25xxx, dated September 23rd, 2009.

Notice of Discharge of Outstanding Demand and Request for Clarification.

To: Barclays
Consumer Finance Collections & Recoveries
PO Box 341,
Manchester
M60 3EZ


Dear Sirs.

Please read the following notice thoroughly and carefully before responding. It is a notice: It informs you.

The reason why you need to read carefully is thus: I am offering conditional agreement. This removes controversy; meaning that you no longer have any ultimate recourse to a court of law in this matter, because there is no controversy upon which it could adjudicate. However, you always have the option of bringing these conditions into a court of law only to be told that they are perfectly lawful. For this reason it is important that you consider and respond to the offer in substance.

There is, however, a time limit on the agreement being offered. It is reasonable; and therefore if it runs out, then you and all associated parties are in default, removing any and all lawful excuse on your part for proceeding in this matter.

For these reasons it is recommended that you carefully consider this notice and respond in substance, which means actually addressing the points raised herein.

You have apparently made a claim that I have current owing balance on Barclays Additions Plus Account 25xxx.

I do not understand this apparent claim and therefore cannot lawfully fulfil it. I seek clarification of your document so that I may act according to the law and maintain my entire body of inalienable Natural Rights.

Failure to accept this offer to clarify and to do so completely and in good faith within twelve (12) days of receipt will be deemed by all parties to mean that you, and your principal or other parties, abandon all demands upon me.

I conditionally accept your offer to agree that I am legal fiction 'person' MR PHILLIP s, and I conditionally accept your claim for the purported outstanding balance of £700.05 and a suitable repayment program, upon proof of claim of all of the following: - Under your full commercial liability that the facts are true, complete, certain and not misleading.

1. Upon proof of your claim that I am the legal ‘fiction’ person MR PHILLIP S: Being the entity to which your paperwork was addressed, as opposed to a human being commonly called Phillip x of the Sxx family.

2. Upon proof of claim that you can provide the lawful binding contract between Barclays and Phillip x of the Sxxx family for Barclays Additions Plus Account 256xx containing the following requirements for a lawful binding contract:

• Full disclosure: where the said credit/funds on the account came from, and whether this was fully disclosed.
• Equal consideration; what Barclays brought to the agreement that was theirs, and of value, in exchange for a valuable signature/promise given.
• Lawful terms and conditions.
• ‘Wet’ Signatures of both parties.

3. Upon proof of claim that the funds/credit on Barclays Additions Plus Account 256xx were Barclays assets from the onset and were neither created for Barclays by signature, promise or promissory note; nor were they created upon Barclays books by mere book-keeping entries.

4. Upon proof of claim that Barclays risked any of its assets regarding the creation of Barclays Additions Plus Account 256xx: and if this is not the case, please prove that this was fully disclosed to account holder.

5. Upon proof of claim that any contract with any element of fraud or deception is not null and void.

I will ONLY accept future correspondence in the matter to a direct Human Self, namely Phillip: of the Sxxx family, as commonly called by letter. I DO NOT give you permission to contact me by telephone.

Sincerely and without ill will, vexation or frivolity,

Phillip: of the Sxxx family
WITHOUT PREJUDICE, i.e. all Natural Inalienable Rights Reserved

Encl: Original paperwork as received.



So that to me fits the bill.

Is the 'I DO NOT give you pression to contact me by phone bit ok?
And am I on the right track for an overdraft?
Im assuming I am because even themselves are calling this a 'debt'.

Any help would be fab!
Cheers
Phill
Dont ya know there aint no devil, thats just god when he's drunk!

No more Mr Nice Guy!!! From now on its Phill of the family Nice Guy!!!
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Re: First time dealing with a bank! Watch out Barclays!

Postby Sophia » Tue Sep 29, 2009 10:14 am

looks fine as a first letter. I would actually find someone to address it to personally and mention maybe that you are not limiting yourself to the cca when asking for this verification. Also you can mention that any attempts to contact you by phone will be in breach of xyz acts .
Good luck,
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Re: First time dealing with a bank! Watch out Barclays!

Postby phillwelsh » Tue Sep 29, 2009 12:41 pm

hi sophia,
Thanks for the reply. I sent the letter this morning while I had time to, before I had a chance to check this :grin:

I think the letter says enough for now. If they ring then they will be sent a nice harassment letter.
Do you have any examples of wording for the part you mentioned in not limiting myself to the cca?

Now the waiting game :yawn:

Thanks for the reply
Phill
Dont ya know there aint no devil, thats just god when he's drunk!

No more Mr Nice Guy!!! From now on its Phill of the family Nice Guy!!!
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Re: First time dealing with a bank! Watch out Barclays!

Postby Travels » Tue Sep 29, 2009 1:55 pm

If they call again, include this in your next Notice:

THIS NOTICE CONSTITUTES A NOTICE TO CEASE TELEPHONE COMMUNICATION.

Unrequested telephone calls are a breach of Section 40 of The Administration of Justice Act 1970 and any further incidents of this nature constitute a course of conduct, which is a criminal offence under Section 2 of The Prevention from Harassment Act 1997, and Section 127 of the Communications Act 2003.

Always works for me :wink:

Also, how did you put your location at the top of your notice? Not sure how much you know so apologies if I'm teaching you to suck eggs, but you should always put c/o before 'your address', and write 'Near:' before 'your postcode'...eg

Gordon: Brown,
c/o 10 Downing St,
London.
Near: W1

This way you don't accept their fictitious postal matrix as your own...look forward to their reponse anyway..! All the best with it :shake:
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Re: First time dealing with a bank! Watch out Barclays!

Postby phillwelsh » Wed Sep 30, 2009 7:49 am

Hi travels,
thanks for the reply.
That notice looks good. I'll keep that for future reference.

My address is written as follows
In care of:
No1 Freeman House
Free Steet
Freeshire
Near: [FR5 5MN]

Can you explain a little more of why its written like this? or sent me a link to somewhere that will enlighten me?

Cheers
Phill
Dont ya know there aint no devil, thats just god when he's drunk!

No more Mr Nice Guy!!! From now on its Phill of the family Nice Guy!!!
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Re: First time dealing with a bank! Watch out Barclays!

Postby Travels » Fri Oct 02, 2009 2:39 am

Well an 'address' is a fictitious term, as is a 'residence' (same principle as register - when you re-side you basically admit your dwelling belongs to the state), so I always call it a dwelling or an abode, or just say 'you can reach me at the location stated above'...

The postcode is the same too; their fictional jurisdiction, kind of a matrix they overlay over the geographical landmass, so if you put 'Near:' you're not admitting to reside under that system/jurisdiction...

It's all about seperating yourself from any of their little webs, and applies to loads of other things they might throw at you; reference numbers ("No that is YOUR reference number sir, not mine..."), dates-of-birth (you can't confirm your date of birth, it's only hearsay evidence obviously), anything that means you have ceded your sovereignty, basically...it's worth rebutting every last point just so they know you know what they know...you know? :wink:
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Re: First time dealing with a bank! Watch out Barclays!

Postby phillwelsh » Mon Oct 12, 2009 8:19 pm

Hi everyone,
Just an update of this one. I have recived a reply from barclays. It contains 'Photocopy statements to substantiate the debt'.. They ask for full payment or a payment plan. It also reads 'Failure to comply will result in the account being referred for commencment of legal proceedings. At this time you will become liable for payment of court and solicitors cost together with interest at the statutory rate of 8% per annum.

Lovely!

stuck together my reply. I would be greatful if someone could give it a quick once over before I send it.
Notice of Request for Clarification.

To: Barclays
Consumer Finance Collections & Recoveries
PO Box 341,
Manchester
M60 3EZ


Dear Mr. Gates

This is a Notice and not a letter. Please read it thoroughly and carefully before responding. I am offering conditional agreement to pay any financial obligation I might lawfully owe, this removes controversy, and means that you no longer have any ultimate recourse to a court of law in this matter, because there is no controversy upon which it could adjudicate.

Your letter dated 7th October is not substantial.
I requested the following proof of claim:

1. Upon proof of your claim that I am the legal ‘fiction’ person MR PHILLIP x SHxN: Being the entity to which your paperwork was addressed, as opposed to a human being commonly called Phxen family.

2. Upon proof of claim that you can provide the lawful binding contract between Barclays and Phillip A of the Sheen family for Barclays Additions Plus Account 25xxx1 containing the following requirements for a lawful binding contract:

• Full disclosure: where the said credit/funds on the account came from, and whether this was fully disclosed.
• Equal consideration; what Barclays brought to the agreement that was theirs, and of value, in exchange for a valuable signature/promise given.
• Lawful terms and conditions.
• ‘Wet’ Signatures of both parties.

3. Upon proof of claim that the funds/credit on Barclays Additions Plus Account 25x1 were Barclays assets from the onset and were neither created for Barclays by signature, promise or promissory note; nor were they created upon Barclays books by mere book-keeping entries.

4. Upon proof of claim that Barclays risked any of its assets regarding the creation of Barclays Additions Plus Account 25xx1: and if this is not the case, please prove that this was fully disclosed to account holder.

5. Upon proof of claim that any contract with any element of fraud or deception is not null and void.

So far you have supplied me with statements for an account. These statements do not show any loss on your part or equal consideration. Therefore the statements you have sent me are irrelevant.

I will ONLY accept future correspondence in the matter to a direct Human Self, namely Phxn family, as commonly called by letter.
I DO NOT give you permission to contact me by telephone. Unrequested telephone calls are a breach of Section 40 of The Administration of Justice Act 1970 and any further incidents of this nature constitute a course of conduct, which is a criminal offence under Section 2 of The Prevention from Harassment Act 1997, and Section 127 of the Communications Act 2003.

Failure to accept this offer to clarify and to do so completely and in good faith within twelve (12) days of receipt will be deemed by all parties to mean that you, and your principal or other parties, abandon all demands upon me.

Sincerely and without ill will, vexation or frivolity,

Phillxy
WITHOUT PREJUDICE, i.e. all Natural Inalienable Rights Reserved

Encl: Original paperwork as received.



Cheers everyone!

Phill
Dont ya know there aint no devil, thats just god when he's drunk!

No more Mr Nice Guy!!! From now on its Phill of the family Nice Guy!!!
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Re: First time dealing with a bank! Watch out Barclays!

Postby huntingross » Mon Oct 12, 2009 10:11 pm

You could always add in the fact that their threats of coercion and extortion have not gone un-noticed in your bid to lawfully resolve this matter, and that such behaviour will reflect negatively against them if they do proceed with legal action.

That any orders sought as a result of their vexatious litigation will be met with your standard charge of £100,000.00 per order, payable on demand in Gold Sovereigns.
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Re: First time dealing with a bank! Watch out Barclays!

Postby phillwelsh » Mon Oct 12, 2009 10:23 pm

You could always add in the fact that their threats of coercion and extortion have not gone un-noticed in your bid to lawfully resolve this matter, and that such behaviour will reflect negatively against them if they do proceed with legal action.


LOVE IT!!! I bet they will have to read that bit more than once :grin: Its going in!
That any orders sought as a result of their vexatious litigation will be met with your standard charge of £100,000.00 per order, payable on demand in Gold Sovereigns.


dont quite understand this bit though? What do you mean 'any orders'?
Dont ya know there aint no devil, thats just god when he's drunk!

No more Mr Nice Guy!!! From now on its Phill of the family Nice Guy!!!
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Re: First time dealing with a bank! Watch out Barclays!

Postby huntingross » Mon Oct 12, 2009 10:26 pm

They will get an judgement (liability) order against you from the court (probably)....seems to be the way it goes.....but any order will do....an order to pay...an order to sit down/stand up/twirl around......
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