Debt Collection Agencies: The Three Notice Process

If a ‘debt’ from a utility company, parking fine etc is sold on to a debt collection agency then the debt has been cleared and you no longer owe anything to the first company. The agents will try to bully you into paying them but technically you have no contract with them so you owe them nothing either.

When a debt is legally passed on or sold you should receive a copy of the Deed of Assignment, signed by two Directors, to legally pass the account on from one company to the debt buyer. If this doesn’t happen the debt can be written off because the rules have not been followed. To submissible in court the assignment should be a compliant with the Law of Property Act 1925 s 136.

136 Legal assignments of things in action.

(1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

(a) the legal right to such debt or thing in action;

(b) all legal and other remedies for the same; and

(c) the power to give a good discharge for the same without the concurrence of the assignor:

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice—

(a) that the assignment is disputed by the assignor or any person claiming under him; or

(b) of any other opposing or conflicting claims to such debt or thing in action;he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the M1 Trustee Act, 1925.

(2) This section does not affect the provisions of the M2Policies of Assurance Act, 1867.

[F1 (3) The county court has jurisdiction (including power to receive payment of money or securities into court) under the proviso to subsection (1) of this section where the amount or value of the debt or thing in action does not exceed [F2 £30,000].]
https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/136

They must send the Deed of Assignment to you Royal Mail Signed For to prove that it was sent. If they can’t prove it was sent then you can make a claim against them.

If you debt is sold to a debt purchase company you can follow the three letter process. You can use this process on any debt that has been bought or sold. When a debt purchase company first makes contact with you, they will usually tell you if they have bought your debt or been “assigned” it.

You can use the three letter process with all debt purchase companies including Lowell Portfolio, Cabot’s, and PRA Group. This process will not work with DWP, HMRC, Court Fines (HMCTS) or Bailiffs. Nor will these letters work on any account that is still with the original creditor.

The three Notice process:
Notice 1: Notice of Conditional Acceptance
Notice 2: Notice of Non-Response
Notice 3: Notice of Irrevocable Estoppel

All letters must be sent to a named person at the debt buyers registered address and not a PO Box or email address. Sign in purple ink with ‘all rights reserved’ below. Send by Royal Mail Signed For and keep the receipt and the signature of the person who received it with a copy of the signed letter.

If the Debt Purchase Company cannot provide what you have requested, they can only respond in a limited number of ways:

Replying to you with a new account balance of £0.00.

Replying to you stating they don’t accept your letters.

Informing you they are returning the account to the original owner.

Replying to you stating they will continue recovery action.

LETTER 1 – Page 1

Letter 1 has 3 pages: The Notice of Conditional Acceptance, The Vulnerable Person Notification and a Subject Access Request under GDPR.

Page 1

c/o address only: non-liability:
In the Matter of:
:firstname :surname (I, my, myself)
Address line 1
Address line 2
Town
County
[XX33 3YY]

Date In Full

Debt Buyer Named Person
Debt Buyer Job titleDebt Buyer Company
Debt Buyer Address
Postcode
D-U-N-S® Number: https://www.dnb.co.uk/duns-number/lookup.html

Office Found

Notice-to-Principal-is-Notice-to-Agent, Notice-to-Agent-is-Notice-to-Principal

Notice of Conditional Acceptance

FAO: named person
Title: job title, organisation

Private and Confidential:

Your Reference: XXX
Alleged Account Number:

The use of a postcode in my address is not to be taken as acceptance or obligation of contract, and is only to be used in connection with geographic location and not corporate association.

This is not a letter; do not treat it as such. It is a notice, served under the doctrine of notices.

Further to your contact dated [Date In Full], the contents of which I note, but do not accept. First of all, I would like to point out that I do not accept any unilateral terms and conditions, deadlines, or charges outlined in your correspondence. I hereby request that communication from this point forward be made in writing only, and that you do not attempt to contact me by any other method.

For the avoidance of doubt, this letter does not constitute a complaint, and should not be treated as one.

I wish to confirm that your claim against me is lawful. I therefore request that you provide evidence of my liability. I am happy to effect payment upon receipt of the following documents:
1) The original instrument of indebtedness, or proof that said instrument still exists.
2) Either of the following;
a) If this is a demand for payment under the Bill of Exchange Act 1882, copies of any bi-lateral or tri-lateral contracts which create obligations on each party to perform, including any delegated Instrument of Novation, signed and sealed in a tripartite contract and a signed invoice in accordance with said act OR
b) If this is an assignment of a legal thing in action under the Law of Property Act 1925, a Deed of Assignment (not a notice of assignment). This should be executed as a Deed, granted by the grantor or original creditor and endorsed by instrumentary witnesses in solemn form.
3) All notices of assignment.
4) The default warning letter.
5) The default notice.
6) Termination Notice.
7) The exact amount that you have paid for this alleged debt.
8) Please state if you are relying a Legal or an Equitable Assignment in this case.

On and for the record, I am willing to accept redacted copies of any documents that may contain sensitive commercial data or personal details of other clients providing that evidence relating to myself is apparent.
See (Van Lynn Developments v Pelias Construction Co Ltd 1968.[3] All ER 824) Where Lord Denning M.R. said “the debtor is entitled to view the sale agreement to ensure that the assignee can give him good discharge under the contract”
Also; [Webster v Ridgeway (2009) ] – Where a debtor is entitled to see a redacted version.
If you have Legally purchased a debt, there will be some proof of this in writing. As the Supreme court has said, I am entitled to view the sale agreement to see if you the Assignee can give good discharge, this known as due diligence. If there is no sale agreement, the alleged debt to the original creditor would not be paid by me paying your company. If you are not willing or able to provide this document, please confirm how you intend to demonstrate that your assignment is compliant with:
Section 44 of the Companies Act 2006,
The Regulatory Reform (Execution of Deeds and Documents) Order 2005 (S.I. 2005/1906), arts. 1(1),3,and;
Section 136 of the Law of Property Act 1925. “absolute assignment by writing under the hand of the assignor”

Should you not be in possession of any of the aforementioned documents then you will be deemed to be party to a fraudulent act and I reserve the right to seek full recourse through the courts of law. Be aware that any default registered prior to this matter being resolved will be disputed.

I also hereby decline any offer to contract with your company, except when subject to the terms mentioned herein.

Finally, for the avoidance of any doubt, please note that, whilst I will always endeavour to meet all my financial obligations, I do not acknowledge any of the terms, conditions or time frames that you have set out in your correspondence. Any claims made against me based on your terms and conditions will be defended.
Due to the urgency and seriousness of this allegation, I will give you fourteen (14) days to respond. Do not attempt contact me by telephone or text, I require your response in written format.

Fee Schedule
Any invalid claims against myself and/or attempting to contact me by mail, mobile phone and/or telephone will constitute the agreement of your company or any agent to the following Fee Schedule:
£1000 (ONE THOUSAND POUNDS STERLING) per invalid claim in writing, nunc pro tunc,
£35.00 (THIRTY FIVE POUNDS STERLING) per letter and/or notice sent by recorded mail, nunc pro tunc,
£150.00 (ONE HUNDRED AND FIFTY POUNDS STERLING) per hour or portion thereof, of the Authorised Representative’s time, nunc pro tunc,
£30.00 (THIRTY POUNDS STERLING) per attempt to contact by telephone and/or mobile phone, nunc pro tunc.
£150.00 (ONE HUNDRED AND FIFTY POUNDS STERLING) per unauthorised door-step visit, nunc pro tunc.

All fees are payable in Twenty One (21) days of date of invoice is received, as evidenced by recorded delivery tracking number.

Autograph in purple ink with a red ink finger print over the autograph. Write‘all rights reserved’ under the autograph so that it touches. Endorse by sticking a £1 postage stamp with your compound fact autograph written in blue across the stamp :firstname :surname

By:

:firstname :surname

Witness: the father, son and holy ghost.

Letter 1 – Page 2

If you are Vulnerable, It is highly recommend that you send this to a debt buyer as Page 2 of the first Letter of the Three Letter Process.

c/o address only: non-liability:
In the Matter of:
:firstname :surname (I, my, myself)
Address line 1
Address line 2
Town
County
[XX33 3YY]

Date In Full

Debt Buyer Named Person
Debt Buyer Job titleDebt Buyer Company
Debt Buyer Address
Postcode
D-U-N-S® Number: https://www.dnb.co.uk/duns-number/lookup.html

Office Found

Notice-to-Principal-is-Notice-to-Agent, Notice-to-Agent-is-Notice-to-Principal

Vulnerable Person Notice

FAO: named person
Title: job title, organisation

Private and Confidential:

Your Reference: XXX
Alleged Account Number:

According to paragraph 77 of the Taking Control of Goods: National Standards 2014, I am classed a vulnerable for the following reasons:

[IN HERE YOU PUT FULL DETAILS OF WHY YOU ARE VULNERABLE WITH THE DETAILS OF ANY ILLNESS, MEDICATION, TREATMENT, CLINICS ETC]

Regulation 10(1) of the Taking Control of Goods Regulations 2013 states:-

(1) The enforcement agent may not take control of goods of the debtor where
(a) the debtor is a child;
(b )a child or vulnerable person (whether more than one or a combination of both) is the only person present in the relevant or specified premises in which the goods are located; or
(c) the goods are also premises in which a child or vulnerable person (whether more than one or a combination of both) is the only person present.

Paragraphs 16 and 30 of the Taking Control of Goods: National Standards 2014 states:-

Should a debtor be identified as vulnerable, creditors should be prepared to take control of the case, at any time, if necessary
Where enforcement agents have identified vulnerable debtors or situations, they should alert the creditor and ensure they act in accordance with all relevant legislation.

Paragraph 39 of the Taking Control of Goods: National Standards 2014 states Enforcement agencies must ensure that legislation restricting the enforcement activity to enforcement agents is complied with and the corresponding legislation is The Tribunals, Courts and Enforcement Act 2007, Schedule 12.

Paragraph 42 of the Taking Control of Goods: National Standards 2014 also states that:
Enforcement agents should be trained to recognise vulnerable debtors, to alert creditors where they have identified such debtors and when to withdraw from such a situation.

Paragraphs 70 to 78 of the Taking Control of Goods: National Standards 2014 says enforcement agents must withdraw from the property:-

Taking Control of Goods: National Standards 2014:-
Vulnerable situations

Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation. Therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern.
If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 16 or is deemed to be vulnerable by the enforcement agent; they can ask when the debtor will be home – if appropriate.
Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
A debtor may be considered vulnerable if, for reasons of age, health or disability they are unable to safeguard their personal welfare or the personal welfare of other members of the household.
The enforcement agent must be sure that the debtor or the person to whom they are entering into a controlled goods agreement understands the agreement and the consequences if the agreement is not complied with.
Enforcement agents should be aware that vulnerability may not be immediately obvious.
Some groups who might be vulnerable are listed below. However, this list is not exhaustive. Care should be taken to assess each situation on a case by case basis.
 the elderly;
 people with a disability;
 the seriously ill;
 the recently bereaved;
 single parent families;
 pregnant women;
 unemployed people; and,
 those who have obvious difficulty in understanding, speaking or reading English.
Wherever possible, enforcement agents should have arrangements in place for rapidly accessing interpretation services (including British Sign Language), when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
This letter serves to notify both Creditor and Enforcement Company that I am a vulnerable debtor and I am placing the creditor on notice in accordance with paragraph 30 of the Taking Control of Goods: National Standards 2014 and Paragraph 16 says the creditor/council SHOULD be prepared to take control of the case.

In view of the above please do not pass me on to your welfare department as you have now been informed that I am a vulnerable and should return the debt to the Creditor.

Failure to return the debt, or an attempt to set up a repayment plan with the Enforcement Company will be seen as a delaying tactic not to deal with me as a vulnerable person but a tactic used to avoid the return of the debt to ensure payment of Enforcement Fees. This is futile as no fees will be collected from me. All your fees are Disputed.

I do not anticipate any change in circumstances in the foreseeable future and should be grateful if you would acknowledge this situation.

Any further enforcement action will be classed as harassment.

This letter is being sent to both Creditor and Enforcement Company so that both are aware of my vulnerability and as a reminder that according to Paragraph 7 of the Taking Control of Goods: National Standards 2014 they are responsible for any enforcement agents acting on there behalf.

Please confirm that all enforcement action against me has now ceased and that my account is passed back to the Creditor in order that I may deal with them directly.

By:

:firstname :surname

Witness: the father, son and holy ghost.

LETTER 1 – PAGE 3

Under GDPR 2018 they must give you ALL the information
they hold on you when you as for it. This has been used to
show in many instances that no debt it owed.

c/o address only: non-liability:
In the Matter of:
:firstname :surname (I, my, myself)
Address line 1
Address line 2
Town
County
[XX33 3YY]

Date In Full

Debt Buyer Named Person
Debt Buyer Job titleDebt Buyer Company
Debt Buyer Address
Postcode
D-U-N-S® Number: https://www.dnb.co.uk/duns-number/lookup.html

Office Found

Notice-to-Principal-is-Notice-to-Agent, Notice-to-Agent-is-Notice-to-Principal

Data Subject Access Request

This is not a letter; do not treat it as such. It is a notice, served under the doctrine of notices. This correspondence is also pursuant to The Data Protection Act 1998/2018 and the General Data Protection Regulation 2018. Any failure to respond to this lawful notice without full and complete non-misleading disclosure shall be deemed as full acceptance of guilt, no lawful substance and your claim to be unverified and unlawful, and full acceptance of liability for any and all costs/judgment in full should you wish to proceed.

This is a lawful notice, if you are in any way unsure of its meaning I strongly recommend you seek advice from your legal department.

The use of a postcode in my address is not to be taken as acceptance or obligation of contract, and is only to be used in connection with geographic location and not corporate association.

This is not a letter; do not treat it as such. It is a notice, served under the doctrine of notices. This correspondence is also pursuant to The Data Protection Act (DPA) 1998/2018 and the General Data Protection Regulation (GDPR) 2018. It shall be assumed that you are well aware of your lawful and legal obligations pertaining to DPA and GDPR.

In addition to the above, and pursuant to article 21/recital 69 of GDPR 2018, I now require you to cease and desist processing of any of my data immediately, until such time as you prove your legitimacy to process my data.

Please supply me the data about me that I am entitled to under the data protection law including:
confirmation that you are processing my personal data;
a copy of all my personal data – which must include the sales file data sheet and any sale agreements in relation to all accounts your Corporation holds;
the purposes of your processing;
the categories of personal data concerned;
the recipients or categories of recipient you disclose my personal data to;
your retention period for storing my personal data or, where this is not possible, your criteria for determining how long you will store it;

Confirmation of the existence of my right to request rectification, erasure or restriction or to object to such processing;
confirmation of my right to lodge a complaint with the ICO or another supervisory authority;
information about the source of the data, where it was not obtained directly from me;
the existence of any automated decision-making (including profiling); and
the safeguards you provide if you transfer my personal data to a third country or international organisation.

Please provide the mapping management process involved in the data usage;
include the regulatory compliance process used to ensure sufficient governance is in place ;
include the the same for any third parties you provide access to my data;
include what your legal reason for holding such data, and any data you do not have a legal reason to hold, please delete and provide necessary regulatory requirements to evidence the deletion of said data.

I look forward to receiving your response to this request for data within one calendar month, per the General Data Protection Regulation. If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member.

By:

:firstname :surname

Witness: the father, son and holy ghost.

You could send them the I.D. pages with letter 2 to speed up their compliance to the Subject Access Request.

They have 30 days to comply with this unless they advise you it will take longer. Maximum by law is 90 days.

If after 14 days you haven’t received a £0 balance, or you’ve received any other response from the debt buyer, Send Letter 2.

Add your reference number along with the name of the person who wrote to you or the CEO’s name. Then insert the date of their last letter to you as shown here. If they haven’t replied to your first letter, you can delete the first paragraph that reads “Thank you for your recent contact…”

You will also need to add the date you sent the first letter.

Letter 2

c/o address only: non-liability:
In the Matter of:
:firstname :surname (I, my, myself)
Address line 1
Address line 2
Town
County
[XX33 3YY]

Date In Full

Debt Buyer Named Person
Debt Buyer Job titleDebt Buyer Company
Debt Buyer Address
Postcode
D-U-N-S® Number: https://www.dnb.co.uk/duns-number/lookup.html

Office Found

Notice-to-Principal-is-Notice-to-Agent, Notice-to-Agent-is-Notice-to-Principal

Notice of Non Response

This is not a letter; do not treat it as such. It is a notice, served under the doctrine of notices. Any failure to respond to this lawful notice without full and complete non-misleading disclosure shall be deemed as full acceptance of guilt, no lawful substance and your claim to be unverified and unlawful, and full acceptance of liability for any and all costs/judgment in full should you wish to proceed.

FAO: named person
Title: job title, company

Private and Confidential:

Your Reference:
Alleged Account Number:

This is a lawful notice, if you are in any way unsure of its meaning I strongly recommend you seek advice from your legal department.

The use of a postcode in my address is not to be taken as acceptance or obligation of contract, and is only to be used in connection with geographic location and not corporate association.

This is not a letter; do not treat it as such. It is a notice, served under the doctrine of notices.

This is a legal notice. Please read it carefully as it means what it says. If you fail to comply with this notice, then you will be deemed to be in agreement to my fee schedule outlined below. Do not ignore it.

Thank you for your recent contact dated [Date in Full], the contents of which I note, but do not accept.

I wish to deal with this matter in honour. This is a Notice of Non-Response informing you that you are in dishonour. This notice is in reference to a Notice of Conditional Acceptance sent via recorded delivery to you, dated [DATE IN FULL], regarding a potential liability for [££££]. You were requested to send certain documentation so as to validate and verify your claims against me. To date, you have failed to adequately respond or have ignored the contents of that letter. This has resulted in the assumption that you do not have any valid claim and that there is no debt lawfully owed by me to your company.

I wish however to offer you another opportunity to substantiate your claims by forwarding the following documentation:

The original instrument of indebtedness, or proof that said instrument still exists.
Either of the following;
a. If this is a demand for payment under the Bill of Exchange Act 1882, copies of any bi-lateral or tri-lateral contracts which create obligations on each party to perform, including any delegated Instrument of Novation, signed and sealed in a tripartite contract and a signed invoice in accordance with said act OR
b. If this is an assignment of a legal thing in action under the Law of Property Act 1925, a Deed of Assignment (not a notice of assignment). This should be executed as a Deed, granted by the grantor or original creditor and endorsed by instrumentary witnesses in solemn form.
3) All notices of assignment.
4) The default warning letter.
5) The default notice.
6) Termination Notice.
7) The exact amount that you have paid for this alleged debt.

In addition, as you have so far failed to substantiate your alleged claim I now also request the following information, to satisfy myself as to the legitimacy of your company:

Your registration details with The Financial Conduct Authority
Your registration details with The Information Commissioners Office
Your Consumer Credit Licence number
Your Public Liability Insurance details
Your registration details with any other regulatory bodies.

As previously stated, I am willing to accept redacted copies of any documents that may contain sensitive commercial data or personal details of other clients providing that evidence relating to myself is apparent.

See (Van Lynn Developments v Pelias Construction Co Ltd 1968.[3] All ER 824) Where Lord Denning M.R. said “the debtor is entitled to view the sale agreement to ensure that the assignee can give him good discharge under the contract”.

Also; [Webster v Ridgeway (2009) ] – Where a debtor is entitled to see a redacted version.

Should you not be in possession of any of the aforementioned documents, you will be deemed to be party to a fraudulent act and I reserve the right to seek full recourse through the courts of law. Be aware that any default registered prior to this matter being resolved will be disputed.
I will give you a further fourteen (14) days to respond. Do not attempt contact me by telephone or text, I require your response in a written format.

FEE SCHEDULE
Any invalid claims against myself and/or attempting to contact me by mail, mobile phone and/or telephone will constitute the agreement of your company or any agent to the following Fee Schedule:
£1000 (ONE THOUSAND POUNDS STERLING) per invalid claim in writing, nunc pro tunc,
£35.00 (THIRTY FIVE POUNDS STERLING) per letter and/or notice sent by recorded mail, nunc pro tunc,
£150.00 (ONE HUNDRED AND FIFTY POUNDS STERLING) per hour or portion thereof, of the Authorised Representative’s time, nunc pro tunc,
£30.00 (THIRTY POUNDS STERLING) per attempt to contact by telephone and/or mobile phone, nunc pro tunc.
£150.00 (ONE HUNDRED AND FIFTY POUNDS STERLING) per unauthorised door-step visit, nunc pro tunc.

All fees are payable in Twenty One (21) days of date of invoice is received, as evidenced by recorded delivery tracking number.

By:

:firstname :surname

Witness: the father, son and holy ghost.

LETTER 2 – PAGE 2

For any debt where the lender has extended CREDIT (credit cards, bank loans etc)
(ONLY use this template if the debt is one regulated under the Consumer Credit Act
They must provide you with a copy of the contract within 14 days,
if they cannot, they cannot take the matter to court.
You should send £1 cheque or postal order if including this page)

c/o address only: non-liability:
In the Matter of:
:firstname :surname (I, my, myself)
Address line 1
Address line 2
Town
County
[XX33 3YY]

Date In Full

Debt Buyer Named Person
Debt Buyer Job title Debt Buyer Company
Debt Buyer Address
Postcode
D-U-N-S® Number: https://www.dnb.co.uk/duns-number/lookup.html

Office Found

Notice-to-Principal-is-Notice-to-Agent, Notice-to-Agent-is-Notice-to-Principal

Data Subject Access Request

This is not a letter; do not treat it as such. It is a notice, served under the doctrine of notices. This correspondence is also pursuant to the Consumer Credit Act 1974, the Data Protection Act 1998/2018 and the General Data Protection Regulation 2018. Any failure to respond to this lawful notice without full and complete non-misleading disclosure shall be deemed as full acceptance of guilt, no lawful substance and your claim to be unverified and unlawful, and full acceptance of liability for any and all costs/judgment in full should you wish to proceed.

FAO: named person
Title: job title, company

Private and Confidential:

Your Reference:
Alleged Account Number:

This is a lawful notice, if you are in any way unsure of its meaning I strongly recommend you seek advice from your legal department.

The use of a postcode in my address is not to be taken as acceptance or obligation of contract, and is only to be used in connection with geographic location and not corporate association.

This is not a letter; do not treat it as such. It is a notice, served under the doctrine of notices.

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974). I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you’re aware that the OFT has stipulated that ‘sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements’. This simply means that under these sections a debtor can pay £1 to get:
a copy of their agreement
copies of some of the other documents mentioned in their agreement
a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
make the debtor pay the debt before they’re supposed to
get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee – note that these funds are not to be used for any other purpose.

By:

:firstname :surname

Witness: the father, son and holy ghost.

Sending your final letter
Once you’ve received a response from the DCA, or the 14 days have passed, it’s time to wrap everything up with the third letter. This one involves quite a lot of dates, so have the copies of your previous letters to hand before starting. Use this link to download letter 3. Scroll to the bottom of the letter and leaving a gap for your signature, type your name. Print off 2 copies and sign them both. Then, along with a Article 17 GDPR notice and Cease and Desist notice. Send all 3 documents together via first class recorded delivery.

LETTER 3

c/o address only: non-liability:
In the Matter of:
:firstname :surname (I, my, myself)
Address line 1
Address line 2
Town
County
[XX33 3YY]

Date In Full

Debt Buyer Named Person
Debt Buyer Job titleDebt Buyer Company
Debt Buyer Address
Postcode
D-U-N-S® Number: https://www.dnb.co.uk/duns-number/lookup.html

Office Found

Notice-to-Principal-is-Notice-to-Agent, Notice-to-Agent-is-Notice-to-Principal

Notice of Irrevocable Estoppel

FAO: named person
Title: job title, company

Private and Confidential:

Your Reference:
Alleged Account Number:

This is a lawful notice, if you are in any way unsure of its meaning I strongly recommend you seek advice from your legal department.

The use of a postcode in my address is not to be taken as acceptance or obligation of contract, and is only to be used in connection with geographic location and not corporate association.

This is not a letter; do not treat it as such. It is a notice, served under the doctrine of notices.

This is a legal notice. Please read it carefully as it means what it says.

With reference to correspondence sent to you; dated [Date In Full] (received [Date In Full]) and [Date In Full] (received [Date In Full]), all delivered by recorded mail.

I asked you to provide the following reasonably requested specific items:

The original instrument of indebtedness, or proof that said instrument still exists.
Either of the following;
a. If this is a demand for payment under the Bill of Exchange Act 1882, copies of any bi-lateral or tri-lateral contracts which create obligations on each party to perform, including any delegated Instrument of Novation, signed and sealed in a tripartite contract and a signed invoice in accordance with said act OR
b. If this is an assignment of a legal thing in action under the Law of Property Act 1925, a Deed of Assignment (not a notice of assignment). This should be executed as a Deed, granted by the grantor or original creditor and endorsed by instrumentary witnesses in solemn form.

Also; [Webster v Ridgeway (2009) ] – Where a debtor is entitled to see a redacted version.
3) All notices of assignment.
4) The default warning letter.
5) The default notice.
6) Termination Notice.
7) The exact amount that you have paid for this alleged debt.

I hereby serve Notice that your failure to provide Proof of Claim has created a permanent and irrevocable estoppel by acquiescence, forever-more barring your company or any associated companies from bringing any and all claims, legal actions, orders, demands, lawsuits, costs, levies, penalties, damages, interests, liens and expenses whatsoever, against myself.

As you have failed to produce the above documents thus far, it is now my understanding that you are party to a fraudulent act. Therefore, should I receive any similar correspondence from you regarding this matter, I will not be providing a response.

Your failure to prove your company’s legitimacy has resulted in the assumption that your claim is fraudulent and that your company is operating unregistered, unlawfully and in breach of industry regulations and a complaint will be lodged with the relevant authorities.

I have enclosed a Notice to Cease and Desist, as well as a Notice exercising my right to prevent the processing of my personal data by your company under the Data Protection Act 2018 and GDPR 2018.

If you still believe the account to be legally due, please forward the above documents along with a full explanation as to the delay in procuring them and I will respond accordingly.
Any other communication outside of this will be deemed to be in breach of the aforementioned and I reserve the right to seek full recourse through the courts of law.
Finally, for the avoidance of any doubt, please note that, whilst I will always endeavour to meet all my financial obligations, I do not acknowledge any of the terms, conditions or time frames that you have set out in your correspondence. As always, I am happy to accept redacted copies of the documents in order to facilitate resolution of this issue. Any claims made against me based on your terms and conditions will be defended.

Fee Schedule
You have had two previous formal notifications of this Fee Schedule. Should you now continue to pursue this unlawful and refuted claim against myself and your Corporation or any agent continue attempting to contact the me by mail, mobile phone and/or telephone, the Schedule of Fee’s below will come into immediate affect at my discretion, applied retrospectively to when the correspondence of this invalid claim was first received.
£1000 (ONE THOUSAND POUNDS STERLING) initial fee per invalid claim in writing, nunc pro tunc,
£35.00 (THIRTY FIVE POUNDS STERLING) per letter and/or notice sent by recorded mail, nunc pro tunc,
£150.00 (ONE HUNDRED AND FIFTY POUNDS STERLING) per hour or portion thereof, of the Authorised Representative’s time, nunc pro tunc,
£30.00 (THIRTY POUNDS STERLING) per attempt to contact by telephone and/or mobile phone, nunc pro tunc.
£150.00 (ONE HUNDRED AND FIFTY POUNDS STERLING) per unauthorised door-step visit, nunc pro tunc.

All fees are payable in Twenty One (21) days of date of invoice is received, as evidenced by recorded delivery tracking number.

By:

:firstname :surname

Witness: the father, son and holy ghost.

LETTER 3 – PAGE 2

(don’t include if there is a County Court case ongoing between you and the debt buying company)

c/o address only: non-liability:
In the Matter of:
:firstname :surname (I, my, myself)
Address line 1
Address line 2
Town
County
[XX33 3YY]

Date In Full

Debt Buyer Named Person
Debt Buyer Job titleDebt Buyer Company
Debt Buyer Address
Postcode
D-U-N-S® Number: https://www.dnb.co.uk/duns-number/lookup.html

Office Found

Notice-to-Principal-is-Notice-to-Agent, Notice-to-Agent-is-Notice-to-Principal

Article 17 and GDPR Notice

FAO: named person
Title: job title, company

Private and Confidential:

Your Reference:
Alleged Account Number:

This is a lawful notice, if you are in any way unsure of its meaning I strongly recommend you seek advice from your legal department.

The use of a postcode in my address is not to be taken as acceptance or obligation of contract, and is only to be used in connection with geographic location and not corporate association.

This is not a letter; do not treat it as such. It is a notice, served under the doctrine of notices.

This is a legal notice. Please read it carefully as it means what it says.

Pursuant to my rights granted under Article 17 and Article 21 of the General Data Protection Regulations, the right to erasure and the right Object to your processing of my personal data.

I hereby give you Notice that you must, within the time periods prescribed below, permanently cease processing all personal data of which I am the data subject. If you do not normally handle Data Protection Notices for your organisation, please pass this Notice to your Data Protection officer or another appropriate official.

For the avoidance of doubt this Notice requires you to do all of the following:
(1) Within 3 days of receipt of this letter to cease or not to begin to:
(a) Obtain;
(b) Record; or
(c) Hold, any personal data of which I am the data subject (“my personal data”); and
(2) With immediate effect to cease or not to begin to carry out any operation or a series of operations involving my personal data including operations that would amount to the:
(a) Organisation, adaption or alteration;
(b) Retrieval, consultation or use;
(c) Disclosure by transmission, dissemination or otherwise making available; or
(d) Alignment or combination, of information or data.

My grounds for giving you this Notice are:
(a) The processing of my personal data by you is causing or is likely to cause substantial damage to me and any person residing with me, due to a lack of ability to obtain credit caused by wrongful processing of my data
(b) The processing of my personal data by you is illegal as you do not have my consent.
(c) The processing of my personal data is illegal as we do not have a contract.
(d) The processing of my personal data is illegal as you have no proven legal obligation that applies to your organisation.
(e) The processing of my personal data is illegal as it is not necessary for you to protect my vital interests.
(f) In any case the damage and/or distress is unwarranted.

There is no exemption from the provisions of Article 17 or Article 21 of the General Data Protection Regulations.

You are not excused compliance with this Notice under the provisions of Article 17 and Article 21 of the GDPR by virtue of the reasons set out below:
(1) I have not given you my consent to process my personal data.
(2) I am not a party to a contract with you.
(3) You have no proven legal obligation with which you must comply and which would permit you to process my personal data.
(4) No processing undertaken by you could be undertaken to protect my vital interests.

In any event you must within 21 days of receiving this Notice give me Notice in writing stating:
(1) You have complied with the provisions of this Notice in full; or
(2) You have complied with the provisions of this Notice in part , stating which parts; and
(3) As to the parts not so complied with, your reasons for not doing so, including evidence that you can substantiate.

Should you fail to comply with the provisions of this Notice, I reserve absolutely the right to obtain, without further reference to you, a county court or High Court order to compel you to comply with this Notice together with an order that you pay my associated legal costs in full and for me to make an application for damages associated with your unlawful processing of my personal data.

By:

:firstname :surname

Witness: the father, son and holy ghost.

LETTER 3 – PAGE 3

(don’t include if there is a County Court case ongoing between you and the debt buying company)

c/o address only: non-liability:
In the Matter of:
:firstname :surname (I, my, myself)
Address line 1
Address line 2
Town
County
[XX33 3YY]

Date In Full

Debt Buyer Named Person
Debt Buyer Job titleDebt Buyer Company
Debt Buyer Address
Postcode
D-U-N-S® Number: https://www.dnb.co.uk/duns-number/lookup.html

Office Found

Notice-to-Principal-is-Notice-to-Agent, Notice-to-Agent-is-Notice-to-Principal

Notice to Cease and Desist

FAO: named person
Title: job title, company

Private and Confidential:

Your Reference:
Alleged Account Number:

This is a lawful notice, if you are in any way unsure of its meaning I strongly recommend you seek advice from your legal department.

The use of a postcode in my address is not to be taken as acceptance or obligation of contract, and is only to be used in connection with geographic location and not corporate association.

This is not a letter; do not treat it as such. It is a notice, served under the doctrine of notices.

This is a legal notice. Please read it carefully as it means what it says.

You are hereby served notice as of [Date in full], under the Protection from Harassment Act 1997 to immediately cease and desist any and all communication with the above addressee

You are further served notice to immediately cease and desist all calls and texts to any phone numbers associated with the above addressee.

Furthermore, you are to cease and desist in any attempt to contact the family, friends, neighbours, employers or any person(s) associated with the addressee in regards to this matter.

Please note that failure to comply with this notice may result in complaints being lodged with the appropriate regulatory bodies, and in some cases may lead to legal action.

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.

Without malice or mischief, in sincerity and honour

By:

:firstname :surname

Witness: the father, son and holy ghost.

The most common application of a Cease and Desist letter within our community is to request that a company only deals with you in writing, or that they stop contacting you altogether. They are very handing for stopping phone calls and ensuring that any issues be dealt with in a way that leaves a permanent record.

The Cease and Desist template found here has it’s basis in the Protection From Harassment Act 1997, which states it is an offence to do something which harasses someone else. They also reference The Communications Act 2003 s. 127, which states that it is a criminal offence to continue to call someone after they have asked you not to. They are useful in any instance in which you wish to request that a company only sends you letters, or stops contacting you altogether.

WHAT NOW?
If they continue to harass you, they can be reported to the Financial Conduct Authority, they can also be prosecuted and sued for Harassment as they will be in breach of the Protection form Harassment Act 1997.
If they close the account, ask for a refund, of anything you have paid!
If they harass you, report them for harassment,
If they send a Letter of Claim (threatening court action) send a Pre Court Letter

For further information go to:
https://sites.google.com/view/threeletterprocess/home

Debt Collection Agencies: The Three Notice Process

Published by Awakened-GB

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Published by Awakened-GB

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