Credit Card - Reply Following Notice of Opportunity to Cure

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Credit Card - Reply Following Notice of Opportunity to Cure

Postby Iwasbornfree » Sat Nov 07, 2009 10:32 am

A while ago, I submitted a number of credit card agreements to a firm of solicitors to challenge the enforceability of the agreements (before I knew about this forum). One of the agreements with a CC company was returned to me, as the solicitors believed that there was a less than 50% chance of success with it. As a result of finding out about this forum, I decided to challenge it myself, below is the train of events so far;

I sent the CC company this Notice of Conditional Acceptance (agreement) below on 17/09/09, requesting 'proofs' of my debt with them;

17th September 2009.

In care of:
my address
xxxxxxxx
xxxxxxxx
Near: [post code]

CC company
xxxxxxxxx
xxxxxxxxx
xxxxxxxxx

Dear Sirs,

Notice of Conditional Agreement

Re: Account number: xxxxxxxxxxxxxxxx. Credit card statement dated 3rd September 2009.

Thank you for your statement dated 03/09/09, regarding the above account.

In regard to this matter, I am requesting from you the following documentation;

1. Validation of this debt.
2. Verification of the claim against me, such as a sworn affidavit or a signed invoice.
3. A copy of the contract binding both parties showing;
• Full disclosure by both parties.
• Equal considerations offered by both parties.
• The lawful terms and conditions for the contract.
• Manifestation of intent by both parties.

I would be happy to pay any financial obligation I might lawfully owe, as soon as the above three documents are received by me.

Sincerely and without ill will, vexation or frivolity,

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


I then received a default letter from their retail collections stating that they will take action if I do not settle amount oustanding.

I subsequently sent out this Notice to Cease Harrassment;

In care of:
my address
xxxxxxxx
xxxxxxxx
Near: [postcode]

September 17th, 2009

Re: IMPORTANT NOTICE, received 17th September 2009.

Notice of Request To Cease Harassment.

To:
CC retail collections
xxxxx
xxxxx
xxxxx


Dear Sirs,

If you are a third party intervener in this matter, please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.

I refer to your letter received 17th September 2009.

If you are a third party intervener in this matter and acting without authority, I DO NOT give you permission to interfere in my commercial affairs as you have no legal standing. I do not have a contract with you and any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn.

I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. And I believe, should you continue in contacting me after my request for you to cease your activity, that you will be guilty of harassment and blackmail, and you will be in breach of these acts, and you will be reported to the relevant bodies.

I am well aware of Section 40, sub-section (3) which you may consider entitles you to proceed. However upon full commercial liability and penalty of perjury you will need to supply the following Proofs of Claims:

1. Proof of Claim that your actions are reasonable.

2. Proof of Claim that any obligation on my part is due, or believed by you to be due to you, and not to some other party.

3a. Proof of Claim that any obligation on my part is to yourself by providing sight of the appropriate contract, or

3b. Proof of Claim that any obligation on my part to persons for whom you act by providing sight of the appropriate contract.

4. Proof of Claim that any obligation on my part protects you from any future loss.

5. Proof of Claim that any obligation on my part is enforcement of a legal process on a Human Being under Common Law jurisdiction, who cannot possibly have such liability under said jurisdiction.

You would of course need to provide these Proofs, including showing the full and audited accounting, if you chose to go to law.

Please also note that if you contact me by telephone, after a formal request not to, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading. And take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Finally, you do not, nor have you ever had, my permission to use or process my personal data in any way, and so pursuant to the Data Protection Act 1998, I hereby demand that you cease use of any and all data with regard to me, and that you immediately destroy all of my data held on your records. Failure to do so will result in a report being submitted to The Information Commissioner for Data Protection breaches.

You will be deemed to have been served notice of my request and I will deem it served three (3) days from the date of this letter. This has been sent by recorded delivery. I am advising you that any communications from you including but not limited to letters, phone calls and text messages received after this date will be recorded/noted with the intention of them being used as evidence.

Do not contact me again.

Sincerely and without ill will, vexation or frivolity,

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

Encl: Original paperwork as received.



As I had not received a reply to my 'Notice of Conditional Agreement/Acceptance' letter, I sent them this 'Notice of Opportunity to Cure' below;

12th October 2009.
In care of:
my address
xxxxx
xxxxx
Near: [post code]

CC company
xxxxxx
xxxxxxx
xxxxxxx

Dear Sirs,

Re: Account number: xxxxxxxxxxxxxx

Notice of Opportunity to Cure.

Dear Sirs,

I would like to inform you that I am still not in receipt of the full documentation that I requested from xxxxx in my letter of 17/09/09.

Please note the following, which I am requesting from xxxxxx;

1. Validation of this debt.
2. Verification of the claim against me, such as a sworn affidavit or a signed invoice.

Please also note the following, which I am requesting from xxxxxx, which are the terms of a lawful contract:

1. Full disclosure (Showing where it was made clear to me that I would be creating the credit with my signature).
2. Equal consideration (Detailing what xxxxx actually brought to the table, and what they stood to lose).
3. Signatures of both Parties/Meeting of the Minds (Cannot be signed by Corporations, as they have no right, or mind to contract as they are legal fictions).
4. Lawful terms and conditions (Based upon the above).

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 of the date of this letter.
Once the allotted time 14 (fourteen) days has expired;

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

The only verification of original documents I will accept is:

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

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. Until such time, I am requesting that you cease calling for any further payments from my accounts.

Sincerely and without ill will, vexation or frivolity,

xxxxx: of the xxxxxx family
WITHOUT PREJUDICE, i.e. all Natural Inalienable Rights Reserved
Please address all future correspondence in the matter to a direct Human Self, namely xxxxxxx: of the xxxxxx family, as commonly called.
Encl: Notice of Conditional Agreement sent 17th September 2009.



Well, the fourteen day time limit ran out, without me receiving a reply to my 'Notice of Conditional Acceptance', nor my 'Opportunity to Cure' letterthat I requested from them.

However, on 4th November 2009, I received the following from them;

Dear.....

I write in response to your letter dated 17th September.

According to our records we supplied copies of the agreement in place at the time the account was opened and the one currently in place. By providing you with these copies, we satisfied our obligation under Section 78.

The regulations define what is required of a ‘copy’. Whilst regulation 3 provides “every copy” of an executed agreement... shall be a true copy”. Regulation 3(2) (b) provides that a copy can omit any signature box, signature or date of signature.

In summary, to comply with Section 78, the copy does not need to be a copy with the customers signature on it. We do not have to produce an actual copy of the document signed. The purpose of section 78 is to allow debtors access to their terms and conditions of their credit agreement and by providing the debtor with a true copy of the terms and conditions of the agreement we have complied with section 78.

Although there is no requirement under Section 78 to provide you with a copy of the original signed agreement, I now enclose a copy of this for your records. As you can see from the copy supplied, you would have had full sight of the terms and conditions before signing. We will not be providing any other documentation, as we have fulfilled our obligation under Section 78.

We hope this clarifies our position on this matter.


I also received a one page photocopy of wthe original CC agreement with only one signature on it - mine. The content of the whole agreement with terms and conditions is about a page. I belive they may have sent a copy of this to the solicitors who were dealing with this in the past.

Can anyone give advice as to my next step here?

All feedback greatly appreciated.
Iwasbornfree
 
Posts: 23
Joined: Thu Sep 17, 2009 12:06 pm

Re: Credit Card - Reply Following Notice of Opportunity to Cure

Postby Iwasbornfree » Tue Nov 10, 2009 10:01 am

The CC company in their reply to me (see previous post above), did reply within the 14 days time limit I gave in my 'Notice of Opportunity to Cure' letter, but they did not provide originals etc as requested.

So, do I now send them this short No Pay letter; viewtopic.php?f=91&t=2367

And when would I send a 'Notice of Lawful Estoppel' letter?

Any feedback would be really appreciated.
Thanks.
Iwasbornfree
 
Posts: 23
Joined: Thu Sep 17, 2009 12:06 pm

Re: Credit Card - Reply Following Notice of Opportunity to Cure

Postby Highspirit » Tue Nov 10, 2009 3:43 pm

Hi there, IMO there are a number of ways you can deal with this. Firstly they have not met the demans you rightly asked for in your conditional acceptance so they remain in dishonour anyway.

They have failed to respond correctly to your Notice of Dishonour and Op 2 Cure on 2 occasions now?

You could now do either of these;

1. Pursue a 'Commercial Lien' and now issue a Notice of Dishonour followed up by a 'Notice of Lien' and then the Affadavit of Obligation. Details of this can be found in the housing section on this forum.

2. Send a Notice Requesting Adequate Assurance of Due Performance and then a 'Termination Notice' when they fail to respond to that.

3. They are in Estoppel from your Notices already, they are in Dishonour. Continue ignoring all attempts of them to contact you and insist on Estoppel. ( I wouldn't take this approach personally but some would).

4. No pay is another way forward.

Personally I go for the Commercial Lien as I want compensation for the theft and fraud they carried on me.

But as you know, they have never actually lent you a Penny at anytime, they have simply used your promissory note as a valuable financial instrument and given you back your own 'money' by way of 'Promissory Credits'.
Know Thyself
Highspirit
 
Posts: 614
Joined: Thu Feb 19, 2009 7:38 pm

Re: Credit Card - Reply Following Notice of Opportunity to Cure

Postby Iwasbornfree » Thu Nov 12, 2009 12:07 pm

Highspirit- Thank you so much for this information :clap:

I don't know what a commercial lien is, so I will look through the area you suggested and get back to this thread.
Iwasbornfree
 
Posts: 23
Joined: Thu Sep 17, 2009 12:06 pm

Re: Credit Card - Reply Following Notice of Opportunity to Cure

Postby Iwasbornfree » Sun Nov 22, 2009 2:27 pm

I have drafted the 'NOTICE OF DISHONOUR' letter below.

I took it from this excellent thread viewtopic.php?f=86&t=2021&hilit=notice+of+lien which I believe relates to mortgages. Is there anything I should/need to add to the letter below as it relates to a credit card debt?

Also, do I simply delete STRAWMAN and insert my name? The CC company have written to me in Xxxxx Xxxxx format, not capitals. As you can see in my replies to them above, I have used Xxxxx: of the xxx family format.

NOTICE OF DISHONOUR

Notice to the principal is notice to the agent,
Notice to the agent is notice to the principal.


Dear Credit Banditos,

Following your company's dishonour of the NOTICE OF CONDITIONAL ACCEPTANCE dated ______________ and the NOTICE OF OPPORTUNITY TO CURE dated ____________,
I hereby serve NOTICE OF DISHONOUR.

For the avoidance of doubt, pursuant to the terms set forth in the aforementioned notices, Credit Banditos and STRAWMAN are now in agreement that:

1. The alleged debt cannot be validated.
2. No claim has been made against me, such as a sworn affidavit or a signed invoice.
3. I was not given full disclosure when signing the agreement (ie, it was not made clear to me that I would be creating the credit with my sinature).
4. Equal consideration was not shown (ie, it was not made clear to me what CC company brought to the table and what CC company stood to lose).
5. The agreement was not signed by CC company (ie, being a corporation they could not sign the agreement, and being a legal fiction, have no right or mind to contract).
6. No lawful terms and conditions exist for this agreement.


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

By: Authorised Representative for STRAWMAN
All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit


Many thanks everyone.
Iwasbornfree
 
Posts: 23
Joined: Thu Sep 17, 2009 12:06 pm

Re: Credit Card - Reply Following Notice of Opportunity to Cure

Postby boo boo » Sun Nov 22, 2009 3:34 pm

Please also note the following, which I am requesting from xxxxxx, which are the terms of a lawful contract:

1. Full disclosure (Showing where it was made clear to me that I would be creating the credit with my signature).
2. Equal consideration (Detailing what xxxxx actually brought to the table, and what they stood to lose).
3. Signatures of both Parties/Meeting of the Minds (Cannot be signed by Corporations, as they have no right, or mind to contract as they are legal fictions).
4. Lawful terms and conditions (Based upon the above).


Prove to me No1 please? (Showing where it was made clear to me that I would be creating the credit with my signature).

The burden of proof lies upon him who affirms, not on him who denies.
The claimant is always bound to prove: the burden of proof lies on him.
Upon the one alleging, not upon him denying, rests the duty of proving.
boo boo
 
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Re: Credit Card - Reply Following Notice of Opportunity to Cure

Postby Arten » Sun Nov 22, 2009 4:26 pm

Credit Bandits LOL Nice one I am going through the exact same thing and the Bank HSBC is in dishonour!
Arten
 
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