Stopped paying loan - need help with response please

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Stopped paying loan - need help with response please

Postby Iwasbornfree » Thu Sep 17, 2009 9:10 pm

After learning the truth about the banking system, how money is created, loans etc (thankyou Veronica) I stopped paying a loan I had with Hitachi Capital. I receeived a letter from them requesting that I pay the missed payment, plus a £30 direct debit rejection fee.

I then sent them a Notice of Conditional Agreement letter requesting validation of the debt, verification of the claim against me, and a copy of the contract.

Today I received a letter from Hitachi Capital which included the following; a photocopy of the original fixed-sum loan agreement with terms and conditions, showing my signature, and at the bottom of the agreement, someone elses signature signed for and on behalf of Hitachi Capital (UK) PLC. And, a statement of the account showing dates that D/D's have been received.

The covering letter from Hitachi Capital says that they have been deducting D/D payments on a monthly basis from the Royal Bank of Scotland, which Is strange, as my account is with the Bank of Scotland? Stranger than that though, they say that on the 19th October 2009 'we attempted to call for the August payment in the usual way, however, this was rejected by your bank' - hardly surprising being that it is still September! :giggle:

Anyway, they reminded me that my agreement is now in arrears and look forward to receiving my payment by return.

Doesn't seem to me that they have provided me with all I asked for. So that I can properly reply to them, can anybody advise me what part of the above information they have sent constitutes; validation of the alleged debt, verification of the claim against me, and a binding contract with full disclosure by both parties, equal considerations offered by both parties, the lawful terms and conditions for the contract, and manifestation of intent by both parties.

Any help with reply would be greatly appreciated.
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Re: Stopped paying loan - need help with response please

Postby freethinker » Fri Sep 18, 2009 8:52 am

hello my friend,

im sorting out the same thing for my wife at the mo,

got the same letter and info back as you did, BUT they have still not provided 2 important things

1. Full disclosure (we are not told that we are creating the credit with our signature).
2. Equal consideration (they bring nothing to the table, hence they have nothing to lose).

id notice them with a notice of these facts and give them an oppotunity to cure of 10 days then do an estoppel.
cant be fairer than that.

keep us posted and ill do the same.
Namaste.
chris

its just a ride.........

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Re: Stopped paying loan - need help with response please

Postby Iwasbornfree » Fri Sep 18, 2009 9:52 pm

Hello freethinker,

Thanks for that! :clap:

Re: 'id notice them with a notice of these facts and give them an oppotunity to cure of 10 days then do an estoppel.'

Is there a template that I could adapt for my reply that you can point me to? I am not sure how to title/word the opportunity to cure letter - never done this before.

I will be sure to post the progress here for the benefit of all.

Much appreciated.
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Re: Stopped paying loan - need help with response please

Postby freethinker » Sat Sep 19, 2009 8:15 pm

hello friend,

try this. its not an opp. to cure but it is very good and to the point and portains to your situation

http://www.fmotl.com/forum/viewtopic.php?f=91&t=2367
Namaste.
chris

its just a ride.........

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Re: Stopped paying loan - need help with response please

Postby Iwasbornfree » Tue Sep 22, 2009 1:15 pm

Hi freethinker,

Thanks again for your help - its much appreciated :clap:

I have drafted up a response to the loan company below;

In care of;
00000000

Re: 0000000000000000000

Notice of ???????????????

Dear madam,

Thank you for your letter dated 13/09/09, and enclosed copy of agreement and statement showing all transactions made on agreement to date.

I should point out the fact that I am still not in receipt of the following information that I requested in my letter of 03/09/09, namely the following;

• Your Full disclosure
• Your Equal consideration

I should also point out that there appear to be a number of administrative errors in your letter of 13/09/09, the first being that I do not have an account with the Royal Bank of Scotland, the second is that you stated ‘On the 19th October 2009 we attempted to call for the August payment...’ when it is still September.

I am keen to close this matter, and would be happy to pay any financial obligation I might lawfully owe, as soon as the above ORIGINAL documentation is received by me.

Sincerely and without ill will, vexation or frivolity,

ooooooooo: of the ooooooo family
WITHOUT PREJUDICE, i.e. all Natural Inalienable Rights Reserved
Please address all future correspondence in the matter to a direct Human Self, namely ooooooo: of the oooooooo family, as commonly called.


In their reply to my Notice of Acceptance, they sent me back a photocopy of the loan agreement with my sig and someone elses, signed for on behalf of the loan company. They also sent terms and conditions, plus a statement of the agreement transactions.

Does this mean I can only now request from them Full Disclosure and Equal Consideration? Also, what do I call this Notice, and do I put a time limit for their reply, and should I add/omit anything?

Again, any help that you or others can provide will be much appreciated.
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Re: Stopped paying loan - need help with response please

Postby freethinker » Tue Sep 22, 2009 7:13 pm

hello friend,

is your signature in a box on the t&c?( reserch the four corners rule for what this actually means.)

maybe add this:

notice of oppotunity to cure.


The only verifcation of original documents I will accept is:

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

and this:

It may be wise to take note of the following are the terms of a lawful contract:
1. Full disclosure- (we are not told that we are creating the credit with our signature).
2. Equal consideration- (they bring nothing to the table, hence they have nothing to lose).
3. Signatures of the Parties/Meeting of the Minds- (corporations cannot sign because they have no right, or mind, to contract as they are legal fictions).
4. Lawful terms and conditions -(they are based upon fraud-see above).

&
I demand that all of the above conditions be met and presented in Affidavit format sworn under oath or attestation, under penalty of perjury and upon your full commercial liability,
and i respectfully requested them within 10 days.Once the allotted time (ten 10 days) has expired;

Permanent and Irrevocable Tacit Contract & Lawful Estoppel by Aquiescence will be gained- due to your dishonour



give them 10 day oppotunity to cure

try that my friend.
Namaste.
chris

its just a ride.........

All rights reserved,exercised at will & fully defended, by the grace of god,the rule of law & the law of the land.
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Re: Stopped paying loan - need help with response please

Postby Iwasbornfree » Tue Sep 22, 2009 9:15 pm

Thank you freethinker!

Yes, my signature, the signature of a witnesses, and someone who has signed on behalf of the loan compant are all in boxes.

What about this as a reply;


In care of;
00000000

Re: 0000000000000000000

Notice of Opportunity to Cure

Dear madam,

Thank you for your letter dated 13/09/09, and enclosed copy of agreement and statement showing all transactions made on agreement to date.

I should point out the fact that I am still not in receipt of the full documentation that I requested in my letter of 03/09/09.

Please note the following, which are the terms of a lawful contract:

1. Full disclosure
2. Equal consideration
3. Signatures of both Parties/Meeting of the Minds
4. Lawful terms and conditions

I respectfully demand that all of the above conditions be met and presented in Affidavit format sworn under oath or attestation, under penalty of perjury and upon your full commercial liability, and I respectfully request them within 14 days. Once the allotted time 14 (fourteen) days has expired;

Permanent and Irrevocable Tacit Contract & Lawful Estoppel by Aquiescence will be gained- due to your dishonour

The only verifcation of original documents I will accept is:

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

I should also point out that there appear to be a number of administrative errors in your letter of 13/09/09, the first being that I do not have an account with the Royal Bank of Scotland, the second is that you stated ‘On the 19th October 2009 we attempted to call for the August payment...’ when it is still September.

I am keen to close this matter, and would be happy to pay any financial obligation I might lawfully owe, as soon as the above ORIGINAL documentation constituting a lawful contract is received by me.

Sincerely and without ill will, vexation or frivolity,

ooooooooo: of the ooooooo family
WITHOUT PREJUDICE, i.e. all Natural Inalienable Rights Reserved
Please address all future correspondence in the matter to a direct Human Self, namely ooooooo: of the oooooooo family, as commonly called.


Does this look OK?

Thanks again!
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Re: Stopped paying loan - need help with response please

Postby freethinker » Tue Sep 22, 2009 10:51 pm

hello friend,

looks ok,

but add the (details in brackets) about the contract

that way they get half a clue about what your on about. cos it will probaly go over their heads. but they cant say you never gave them a chance to find out what you are on about. and that you acctually know a bit, and that bit just happens to be the truth of the matter at hand.
Namaste.
chris

its just a ride.........

All rights reserved,exercised at will & fully defended, by the grace of god,the rule of law & the law of the land.
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Re: Stopped paying loan - need help with response please

Postby Iwasbornfree » Thu Oct 08, 2009 10:05 am

I sent the letter 'Notice to Cure' (above), and requested the full documentation be sent to me.

I gave them 14 days to respond, and stated; 'Permanent and Irrevocable Tacit Contract & Lawful Estoppel by Acquiescence will be gained - due to your dishonour'.

It has been 15 days since I sent the letter, and I have not received a reply as per my request. What do I need to do now?

Many thanks for your help.
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Re: Stopped paying loan - need help with response please

Postby phillwelsh » Thu Oct 08, 2009 3:31 pm

Hi bornfree

You kind of answered your own question there:
Permanent and Irrevocable Tacit Contract & Lawful Estoppel by Acquiescence will be gained


My next step would be a Notice of Lawful Estoppel. As an example you can find the one I sent here
viewtopic.php?f=64&t=1926&start=20

Hope this is of some help to you.

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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