A Loan Response at Last

Discuss all of your Banking, Finance and "Money" related issues here.

A Loan Response at Last

Postby nameless » Tue Oct 27, 2009 10:00 am

Undated letter received today, signature an illegible squiggle. They refer to my Final Notice and Demand, which they call a letter.

"You have asked for validation of the debt. Debt validation (and verification) we believe is a concept originating the United States of America under the United States Federal Fair Debt Collection Practices Act. This legislation does not apply in the United Kingdom and therefore we will not be providing you with a sworn affidavit as requested.

"You have also asked for a copy of actual accounting ledgers and a sworn affidavit. Under English law the bank is under no obligation to provide you with these items and will not be doing so.

"You have suggested that your application was used as a promissory note to raise the funds the bank loaned to you. This is incorrect; your application created no obligation to reply any debit and was incapable of being a promissory note. The argument that you seek to make is a fiction with no basis in law or fact. It is denied that the agreement is void at inception. The agreement is good in law and no objection can fairly be brought against its validity on the basis you have suggested or otherwise. It is a legally valid and binding contract.

"I am pleased to enclose a copy of the Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974, and a statement of the account since inception.

In summary I would confirm the following points:

1. The agreement was properly executed in compliance with section 61(1) of the Act and is in the prescribed form and contains the prescribed terms in compliance with the Consumer Credit (Agreements) regulations 1983.

2. We will not be refunding any money to you or paying your costs.

3. The agreement is valid and you remain liable to repay the total amount owing under the agreement.

4. You should maintain the repayments.

5. Should you seek a declaration from the Court that the agreement loan is unenforceable (which is denied) we will oppose your application and seek our costs in doing so."
-------------

Would be interested to receive any views/opinions on the above. Thank you.
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy."

Lord Denning
nameless
Moderator
Moderator
 
Posts: 341
Joined: Sat Jul 18, 2009 4:55 pm

Re: A Loan Response at Last

Postby jonboy » Tue Oct 27, 2009 10:51 am

I'm not surprised it was signed with an illegible squiggle, the writer is making some very bold claims. I would suggest that since he claims the application was not used as a prommisary note, then could he send you back the original? :grin:
"Reason is the life of the law; nay, the common law itself is nothing else but reason. The law which is perfection of reason" Sir Edward Coke 1552-1634.

NO ONE RULES IF NO ONE OBEYS.

It is better to light one candle than to curse the darkness.
User avatar
jonboy
Moderator
Moderator
 
Posts: 1375
Joined: Tue Feb 17, 2009 4:17 pm
Location: Albion

Re: A Loan Response at Last

Postby Highspirit » Tue Oct 27, 2009 11:11 am

As they state they are not under english law obligated to provide the verification then it may be worth asking them to provide 'Proof of Claim' that they are exempt the 1994 UNIDROIT Principles concerning financial contracts following the service of a 'Notice Requesting Assurance of Due Performance'

Further info on that can be found in the 'Housing' sectio of this forum.

HS
Know Thyself
Highspirit
 
Posts: 614
Joined: Thu Feb 19, 2009 7:38 pm

Re: A Loan Response at Last

Postby consumerpada » Tue Oct 27, 2009 1:05 pm

"I am pleased to enclose a copy of the Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974, and a statement of the account since inception.


the letter above is a typical robot reply. The three proofs must be shown.....


.........................................................................................

Dear sir or madam,

Thank you for contacting me with regards to the above. I am most keen to close this item on my books and although I am willing to pay any lawful debt I owe, my records show that this matter is subject to administritive error, any support you can give would be extremely helpful.

I have contacted all companies who claim to be holding debt to either my self or my family.

When challenged and asked to produce the ORIGINAL documentation (not soft copies) every single company has either

-never contacted me again

-or sold the debt on to a third party. Who then contacts me in a month or two

-or hired a solicitor to stamp the printed soft copy as an original.

I dont know which of those you will attempt now, but what I can say is that this is the only letter I will be sending. The next letter will be this one again.

The only verifcation of documents I will accept is:

1. Personally (myself) OR
2. An agent I have comissioned.

If you are unwilling to account for an actual loss in this matter and invoice accordingly, then you are unable to proove this matter, I would be most obliged if you would not waste my time further.

I consider this matter closed, unless of course the originals are produced for immediate verification and the various proofs are supplied. I am not responsible for the administritive errors and failed practices of third parties. I know my rights and I reserve them all. This letter is subject to terms and conditions.



Thank you for your time and attention, in this non negotiable private matter.

.........................................................................................................................


:peace:
Knowledge makes a (wo)man unfit to be a slave." — Frederick Douglass
consumerpada
Moderator
Moderator
 
Posts: 612
Joined: Sat May 30, 2009 11:22 am
Location: Herts, Beds, Bucks + Northamptonshire

Re: A Loan Response at Last

Postby nameless » Wed Oct 28, 2009 5:33 pm

I'd like to thank you very much indeed for the postings made above. These have all been very helpful and will aid me in my reply to the banksters.

Even though I read the postings everyday, it is not possible to remember everything I have read or to find something applicable to my needs if and when the need arises, so thank you.
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy."

Lord Denning
nameless
Moderator
Moderator
 
Posts: 341
Joined: Sat Jul 18, 2009 4:55 pm


Return to Banking Crime

Who is online

Users browsing this forum: No registered users and 1 guest

cron