Starting again with LTSB

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Starting again with LTSB

Postby aliensong » Thu Nov 12, 2009 3:05 pm

Hi folks

I have had a letter from SCM solicitors about and alleged overdraft debt. I've posted in another thread about a loan I am discharging, I thought that I'd start a new thread for this one as (a) it's a different "debt" and (b) I need some advice quick because I need to get this notice sent so as to stay in honour. I hope I'm not jamming up the board inappropriately.

Anyway after reading this thread: http://www.fmotl.com/forum/viewtopic.php?f=86&t=2021 I have decided to start my process again using a Notice Requesting Adequate Assurance of Due Performance and notarised affidavits, basically following the process FMOTL Michael outlines.

So, here is my first notice. I was going to send it to the CEO of LTSB and CC it to the solicitor. I just wanted to get any constructive comments from you good people before I send it

CC: SCM Solicitors

November 12, 2009

NOTICE OF CONDITIONAL ACCEPTANCE

NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT

Dear Mr Daniels,

I would like to draw you attention to a recent letter that I received from a representative of SCM Solicitors regarding Cheque Account Number: **************. The letter makes a formal demand on me to pay a sum of money that is allegedly outstanding on the above account. I am treating this as a very serious matter as it seems that three notices that I sent to Lloyds TSB requesting confirmation and verification of claim, dated; September 28, 2009; October 9, 2009 and October 19, 2009 have been dishonoured resulting in the tacit procuration of an agreement under the terms expressed in the aforementioned notices.

As a gesture of goodwill and because both Lloyds TSB and SCM solicitors feel that this matter is not closed, I am willing to waive the agreement established by the notice on October 19, 2009 and I hereby serve notice that I conditionally accept the alleged debt and will use my very best endeavours to settle and close the account in the most expedient manner possible, upon receipt of the following:

1. The original promissory note, front and back, associated with the loan;
2. All bookkeeping entries associated with the loan;
3. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act 1882), addressed to me, Alan Southgate, not the government created legal entity denoted by the use of uppercase or capital letters;
4. The deposit slip for the deposit of the borrower’s promissory note associated with the loan;
5. The order authorising the withdrawal of funds from borrower's promissory note deposit account;
6. The account number from which the money came to fund the loan to the borrower;
7. Verification that the borrower's promissory note was a free gift to the lender from the borrower;
8. The name and mailing location of the current holder of the borrower's promissory note;
9. The name and mailing location of the lender's chartered accountant and auditor for the period covering the loan.

Please deliver these reasonably requested items within ten (10) days of your receipt of this notice at the mailing location provided herein. Failure to do so will comprise the tacit procuration of Lloyds TSBs’ agreement that it is unable to verify and validate the alleged loan, which may result in the initiation of a commercial injury claim to cure the injury done to STRAWMAN.

Without malice, mischief, ill will, vexation or frivolity, in sincerity and honour,



By: Human: Being; Authorised Representative for STRAWMAN
All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
Errors & Omissions Excepted


It is based on FMOTL Michael's notice. I have left out bits that I do not understand yet and added the bit about the invoice or sworn affidavit. Can anyone see any glaring errors?

I'm not sure about the close of the notice. I thought "without prejudice" was a no-no.

Also, in Michael's notice the signature was on the bottom right. Is that important?

Cheers ears. :sun:
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Re: Starting again with LTSB

Postby kevin » Thu Nov 12, 2009 4:48 pm

yep, leave out "without prejudice" the rest sounds good, I would add a fee schedule for all future unsubstantiated claims
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Re: Starting again with LTSB

Postby the_common_law_reverend_kenny » Thu Nov 12, 2009 6:04 pm

its good...mind you that bit
I am willing to waive the agreement established by the notice on October 19


I would l change to - I am willing to conditionally review the agreement established by the notice on October 19 .....

:peace:
SOVEREIGN: not controlled by outside forces: autonomous; self-governing; independent "a sovereign people" <> "by any peaceful administritive means necessary" - the way of the order.
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Re: Starting again with LTSB

Postby aliensong » Thu Nov 12, 2009 7:24 pm

Hey thanks guy's. That's a great help.
:sun:
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Re: Starting again with LTSB

Postby aliensong » Sun Nov 29, 2009 10:42 pm

Just got a reply to my notice that is basically the same as the one quoted in this thread http://www.fmotl.com/forum/viewtopic.php?f=86&t=2021

Should I acknowledge this letter in my next notice asking for further proof of his claim that my "agreement" cannot be a promissory note, maybe ask for a sworn affidavit confirming this, or, should I just ignore the assertion and continue sending Notices of Dishonour & Opportunity To Cure, Notices of Dishonour and a notarised Affidavit.

I realise it is my call, no-one is going to hold my hand through this. I would, though, welcome suggestions from those with more experience.

Many thanks.
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Re: Starting again with LTSB

Postby huntingross » Sun Nov 29, 2009 11:24 pm

The option remains to "refuse for cause" any reply which is barking mad.....and just name the cause if you feel compelled to....

or

Do your follow up notice and comment as required.
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Re: Starting again with LTSB

Postby aliensong » Wed Dec 02, 2009 11:12 am

huntingross wrote:The option remains to "refuse for cause" any reply which is barking mad.....and just name the cause if you feel compelled to....

or

Do your follow up notice and comment as required.


Thanks for your reply huntingross. I'm not sure exactly what refusal for cause is or how one would devise a refusal for cause template. I thought it was about not wishing to contract, am I in danger of contracting depending on how I respond to this letter?

Cheers.
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Re: Starting again with LTSB

Postby huntingross » Wed Dec 02, 2009 7:55 pm

Refusal for Cause.....viewtopic.php?f=45&t=3139&hilit=+refusal+for+cause#p29911

I have the words in red at 45 degrees on a sheet of paper and I just run the original (letter or whatever) through the photocopier to overprint it.....slap a recorded delivery barcode on it and sent it back....job done
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Re: Starting again with LTSB

Postby aliensong » Wed Dec 02, 2009 10:05 pm

Hey thanks again huntingross, I missed that thread somehow.

I think I have left it too late for that approach, I'm well over the 72 hours. I'm going to address the claims in the letter with my next notice. I'll post on this thread before I send it.
:sun:
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Re: Starting again with LTSB

Postby huntingross » Wed Dec 02, 2009 11:12 pm

Including time for turn around in the post.....you have 7 days from receipt to putting it in their hands.....

Past that....you can rely on their ineptitude.

The best info I have read on this subject suggests the 72 hours is more like guidance as it actually isn't written for certain.....the link is in the post.
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