Starting again with LTSB

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Re: Starting again with LTSB

Postby aliensong » Mon Dec 07, 2009 9:16 pm

B*ll*cks. Just realised have made a stupid mistake. I am about to send a second Notice of Dishonour and Opportunity to cure and I noticed that I didn't date my last one. Does that balls up my process? Or can I rely on the barcode for the recorded delivery?

I can't believe I made such a blunder :blush:
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Re: Starting again with LTSB

Postby huntingross » Mon Dec 07, 2009 9:43 pm

The clock ticks from date of receipt.....recorded delivery saves your bacon.

Why are you sending another Notice of Dishonour and Opp to Cure ?
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Re: Starting again with LTSB

Postby aliensong » Mon Dec 07, 2009 9:59 pm

huntingross wrote:The clock ticks from date of receipt.....recorded delivery saves your bacon.

Why are you sending another Notice of Dishonour and Opp to Cure ?


Great thanks. I was going to send another NODAOTC after reading this thread: http://www.fmotl.com/forum/viewtopic.php?f=86&t=2021 FMOTL-michael seems to suggest that is the best way to fully "exhaust" the administrative process prior to submitting Notarised affidavits to the respondent. I'm guessing that you think I might be over egging the cake? I'm still learning and would appreciate your perspective.
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Re: Starting again with LTSB

Postby huntingross » Mon Dec 07, 2009 10:35 pm

As I understand Michaels' process he does Dishonour and OtoC followed by Dishonour.....it is others who appear to have placed a "repeat" document in there.....but I do not profess to be an expert at this as I am trying to perfect this method also.
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Re: Starting again with LTSB

Postby aliensong » Tue Dec 08, 2009 1:37 pm

I'm following the process outlined here: http://www.fmotl.com/forum/viewtopic.php?p=18448#p18448
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Re: Starting again with LTSB

Postby aliensong » Tue Dec 08, 2009 1:53 pm

I have realised that not only did I not date the notice of dishonour, I also failed to put the relevant account info in it! :puke:

I have tried to be as thorough as possible, I have no idea how I could have let that slip. After a night of anxious head scratching and self abasement I have come up with a Notice of Withdrawal of Prior Notices.

What do you think? I hope I don't get spanked for being so stupid :sweat:
Evil Dishonourable
Hemorrhoids TSB Bank PLC

NOTICE OF WITHDRAWAL OF PRIOR NOTICES

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


December 5, 2009

Re: Account Number: **************

Dear Mr Dishonourable,

I am withdrawing my Notice of Conditional Acceptance & Notice Requesting Adequate Assurance of Due Performance dated November 16, associated with the account number above. I am also withdrawing my Notice of Dishonour & Opportunity to Cure that was sent on November 26 that, due to an administrative error, was not dated nor did it reference the appropriate account number.

The reason I am withdrawing the three said notices is due to the administrative error outlined above. I am taking the matter of this claim against STRAWMAN very seriously and wish to maintain clarity and avoid the possibility of misunderstanding, so that it may be resolved honourably and in as timely a fashion as possible.

It should be noted that withdrawal of said notices does not constitute unconditional acceptance of Hemorroids TSB’s claim against STRAWMAN, re: account number: ************** and that further notices will be served in due course.

I apologise for any inconvenience or confusion caused by said administrative error and will endeavour to ensure that future notices are scrutinised with the utmost care before they are served.

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

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




Once I have sent this I will start the process again. Any suggestions gratefully received. Any ridicule taken on the chin!
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Re: Starting again with LTSB

Postby huntingross » Tue Dec 08, 2009 6:42 pm

I would only un-pick it as far as required.....this sounds like its back to the beginning or pretty close.
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Re: Starting again with LTSB

Postby Highspirit » Wed Dec 09, 2009 8:06 am

Hi guys, I thought the matter about actually including 'Without Prejudice' had been resolved to the effect that it should be included. I can't find the thread right now but I seem to recall someone saying that you should not put this on your Notices and fmotlaka Michael came back with an answer that at the time sounded pretty convincing to me that you should include it on your Notices.

There is obviously 2 schools of thought but I seem to recall that because you are seeking private remedy/judgement it was best to use it.

Is there a overwhelming reason why 'Without Prejudice' should not appear on the Notices?

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Re: Starting again with LTSB

Postby huntingross » Wed Dec 09, 2009 6:51 pm

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