Have these templates actually worked for anyone???

[pjay721]

hello

i am from canada and i have seen many videos on debts and dealing with them ect

then i came across videos on youtube

such as A$V and ucc1 form and many other eyeopening things regarding birth certificates

and how money is created out of thin air

the balcks dictionary and many other things common law civil law ect

i have quit paying my credit card bills due to hardship trying to keep up to the interest rates and am thinking of a consumer proposal they tol me to sell my house and settle with credit cards i don't want to sell my house can you send me templates to send to creditors asking for contract i would like to defend myself in court when the time comes but i have no idea how todo this in ontario without paying a lawyer

is there a time period one must let pass i have not paid crdit card bills for pass two months and i don't answer the phone now

when is best time to send them letters 3 mons after or wait til they take action to dispute owning any money


please advise me or give me a contact in canada ontario to help with this


it makes sense to me they created money out of thin air and they want us all to be in debt to the monetary system

thanks

pjay721

[Catnap]

Point being, which templates are you asking about, the Common Law show me the contract etc way or the statute of show me the Consumer credit agreement way? I can name a lot of successes using the Consumer Credit Agreement way,but none using the 3 points under Common Law way.

This is worrying as I am aware of many who have gone down this route

CC - would you advocate the Consumer Credit Agreement way over the Common Law (3 point) way? If so can I ask why?

Thanks x

[Babaguy]

Dear CC and All other Sisters & Brothers -

Just wanted to share how things have been working with an alleged CC debt passed to Lowell Financial Ltd - or more likely 'bought' by them from the original (alleged!) "lender", now called HBOS PLC.

I sent in the straightforward request for a true copy of the original agreement - A "Samantha Barnard" wrote back three times to say they had requested the original from HBOS, but didn't have it yet (letter #1) - HBOS were looking for the original agreement and when they produced it I would need to pay off the entire (alleged) debt (letter # 2) and HBOS are still looking and until they find it, I would not be receiving any more letters from Lowell.

I created a two-pronged approach for my second letter to them, using templates from here (THANKS, CC !) and from another pal - The FIRST half of the letter used the "Statute" law approach, citing the Consumer Credit Act and the Data Protection Act, serving them notice that they could not pursue the debt nor use any of my personal data while the alleged account was in a state of default (due to their not having complied with my lawful request for a true copy of the original credit agreement and a full accounting, and any other documentation the Consumer Credit Act requires them to send ) -

THEN I switched tack and offered CONDITIONAL AGREEMENT (removing controversy, etc.) upon production by them of the following PROOFS OF CLAIM etc. and signed the letter with the hyphen and colon as a living man with a living soul !

Today I received another letter from "Samantha Barnard" ( no 'wet' signature, ever ! ) stating:

"After liaising with HBOS PLC in an effort to obtain the document we have been advised that it is no longer available due to the length of time since the account was opened with you. At this time we have closed our file and will not make further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from HBOS PLC."

They have made no reference to my second letter, nor to my offer to accept their offer that I owe them £XXXX.00 -

I will now write a third and final letter ( sent like the previous ones via registered mail ) reiterating my offer to pay upon their production of proofs of their claim, and Noticing them that since this alleged debt must have been created through administrative error, I expect them to reimburse me the £1045.00 paid into their alleged account to date (before I heard about all this stuff ! )

We'll see what happens...I may have to submit my documentation into court "on the private side" and ask for summary judgement against Lowell if they do not reimburse me.....As I say, we'll see...!

Thank you again, CC , for your cogent templates and advice !

[Babaguy]

Dear CC & All,

Regarding my post (above), I *did* send another letter off to Lowell, reiterating my NOTICE to them to stop processing any and all data about me and this alleged account, as they had signally failed to provide a true copy of the original credit agreement, and reminding them that they had NOT responded, nor had they given any reasons why they felt they ought to be allowed to continue to process my data;

Then reiterating my OFFER OF CONDITIONAL AGREEMENT for one final time;

and then offering FULL AND FINAL PAYMENT of the alleged account without admitting any liability whatsoever and reserving all natural inalienable rights - The amount offered was a little over half of what I had already paid Lowell (back before I realised they had no contract with me with which to demand payment from me) and I asked/advised that if they accepted this OFFER OF FULL AND FINAL PAYMENT they could reimburse me £500...!

Despite the letter from "Samantha Barnard" stating that:
"At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some time in the future from HBOS PLC."

I have since received two letters just like the old ones, on 23. May, 2010 and 25. May 2010 asking for payment, with no acknowledgement of my NOTICES, correspondence, or of their *own* letter stating they would "close their file" -

One letter has an Alliance Leicester Trans Cash form - attached... ( Should I A4V them...? )

Any ideas on what ought to be my next step? The Chief Operations Officer is clearly in dishonour. I did advise him that I reserved the right to pursue him personally for the full amount I had already paid to Lowell, based on the alleged account which was clearly created due to "administrative error" or at worst construction, fraud.

Any answers or thoughts will be most appreciated! Thanks!

- Babaguy

[ellsbells]

Are the letters from Lowell again? Or has it been passed to another DCA? why not photocopy the letter you had saying you would not be pursued,and send it back with copies of the newest letters you have received.. & something about harassment in there...

[Babaguy]

Dear Si-Si !

Muchissimas Gracissimas for the thorough legal/statute quotations - I'll blast them again, including the apt statutes, and make my *final* final offer at the same time - and we shall see what we shall see - I'll also append copies of their own letters back that them and - yes - I *will* inquire about their insurance coverage and any recent claims with regard to this matter - after all, making a claim on an alleged account which has no legal (or lawful) basis (other than my own blind joining-in before I woke up and smelled the TPUC) might be more than "administrative error," mightn't it...?

Thank you again!

[mikedg2]

Hi you mention in the harrassment part about threatening to take you to court in England if you live in Scotland.
I am being threatened with this at the moment. Is this legal or not? What is the relevance? Thks

[mikedg2]

This is an article that was published by The Herald in Scotland pointing out the fact that some DCA's are breaking the law by taking action against residents in Scotland being sued in England
http://www.heraldscotland.com/business/ ... -1.1045025
Hope this can help some people
mikedg2

[Babaguy]

Dear All,

This post is to confirm that THESE TEMPLATES DO ACTUALLY WORK, and to thank all at TPUC for guidance and encouragement in these types of matters.

I copy below the letter I sent to Lowell Financial Ltd./Lowell Portfolio 1 Ltd. - well, to the NAMED MEN who work there in the capacities of Chief Operations Officer and Collections Manager. This letter is a combination of a STATUTE LAW approach and a PRIVATE SIDE CONDITIONAL ACCEPTANCE and PRIVATE OFFER OF FULL AND FINAL SETTLEMENT of the alleged debt which was "assigned to" or "purchased by" Lowell, from the original alleged creditor.

In fact, the alleged debt had already been wiped off and set to a ZERO BALANCE by Lowell before I sent this (final) letter to them, but I had not received their letter to this effect, and the idea of appointing the Lowell Collections Manager as the "Appellate Officer" is something I heard from Jack Smith in a Creditors In Commerce audio file from one of their seminars. It certainly didn't hurt and may be of use to you in your own searches for remedies.

My letter quoted below (and sent to the Registered Office of the company via Registered Mail) is a long one, but you'll see that I go to great lengths to give them the opportunity to respond. They responded with SILENCE, as I note, and this set of letters by me to them sets up a trail of evidence, as it were, which means that if ever it were to go to some court, there is a complete record of my attempts to settle the alleged debt honourably, and also clearly evidencing those individuals' and therefore the company's dishonour of my offers in good faith.

As I say, they set the balance on the alleged account to ZERO, and did not respond to my OFFER OF FULL AND FINAL ACCEPTANCE (which would have meant them refunding me £500 !) except with SILENCE. I have not pursued either man for the refund of the £1,045.72 I had paid Lowell up to the point I began to wake up,because it could clearly be argued that when I paid that money I was acting as though a valid contract existed between Lowell and my Strawman, so asking for a refund might be moot.

If you plan on using this as a basis for your own letters, be sure to enumerate the PROOFS OF CLAIM you are asking them to provide when you make your CONDITIONAL ACCEPTANCE - You may find many examples of such Proofs of Claim previously in this thread and elsewhere on the forum.

Before I quote my letter in full below, I hereby quote their letter setting the balance on the alleged account to ZERO:

Our Ref: 12345678
Original Creditor: HBOS PLC (in fact it was Halifax Bank, before the merger with BOS...)
Balance Outstanding: £00.00

We thank you for your recent letter and apologise for the delay in replying.

Your comments have been noted but we would advise you that, due to the nature of our client's (Is HBOS their CLIENT or did they "purchase" the debt from HBOS..?) archiving process, they are unable to provide any further information relating to this account.

The account has today been closed and we can confirm that no further action will be taken by us with regards to this matter.

We hope the above course of action meets with your approval and we apologise for any inconvenience caused.

Yours sincerely

Samantha Barnard
Customer Services

And here is my final letter to them:

babaguy
babaguy Road
Somewhere in
= Scotland =

22. June, 2010
Kevin Allmark & copied to: Andrew Bartle
Collections Manager Chief Operations Officer
Lowell Portfolio 1 Ltd. Lowell Financial Ltd.
Enterprise House
1 Apex View
Leeds LS11 9BH
= England =
( via Recorded Delivery )

Appointment of Appellate Officer - Reference Number: 12345678
Notice of Final Offer of Full and Final Settlement

Dear Kevin Allmark (and Andrew Bartle),

Thank you for your letter dated 25/05/2010 regarding the alleged Lowell Portfolio 1 Ltd. / Lowell Financial Ltd. account identifiable under reference number 12345678.

Your letter states: "What Happened? Our records show that you agreed to repay your account with us but for some reason you have stopped paying."

My records show - and I append them here for your information and action - that:

1.) On 10. February 2010 I sent Lowell Financial Ltd. a £1.00 postal order
and stated that I "formally request you to provide me with a true copy
of the credit agreement relating to the above (alleged) account. Also I
formally request an up to date statement of the (alleged) account and
any other documentation the Act (Consumer Credit Act 1974, section
77 (1) and section 78 (1) ) requires you to provide."

2.) I received three letters from 'Samantha Barnard' - not signed in ink by
by this alleged person - and in the last letter received from Ms. Barnard
(appended herewith) dated 11/04/2010 she states:

"After liaising with HBOS PLC in an effort to obtain this
document we have been advised that it is no longer available
due to the length of time since the account was opened with you.

"At this time we have closed our file and will not make any
further contact with you concerning payment against this
account unless the copy of the agreement is received at some
point in the future from HBOS PLC."

3.) On 23. March, 2010 I wrote to Andrew Bartle, Chief Operations Officer
of Lowell Financial Ltd. giving NOTICE that because Lowell
Financial Ltd. had failed to supply a true copy of the original
credit agreement upon which this alleged account is promulgated,
this alleged account entered into a default situation on 26. February
2010. In this same letter ( appended herewith ) I stated:

"As you are no doubt aware the Consumer Credit Act 1974
section 78 (6) states: "If the creditor fails to comply with
subsection (1) (a) He is not entitled, while the default continues,
to enforce the agreement."

4.) In this same letter (dated 23. March, 2010, appended herewith)
I gave STATUTORY NOTICE under Section 10 of the Data
Protection Act that Lowell must cease processing any data in relation
to this account with immediate effect. *Please read the enclosed
letters carefully and completely.*

5.) It is abundantly clear from your letter dated 25/05/2010 and from
a letter I received from Andrew Bartle, Chief Operations Officer,
Lowell Financial Ltd. dated 23/05/2010 - copies of both these letters
are appended - that neither Lowell Portfolio 1 Ltd. nor Lowell
Financial Ltd. has ceased processing any and all data in relation to this
alleged account, nor has either company ceased attempting to
enforce the alleged agreement between me and Lowell Portfolio 1 Ltd.
and/or Lowell Financial Ltd. - in contravention of the Consumer
Credit Act 1974 section 78 (6) - and in contradiction of the letter from
'Samantha Barnard' (11/04/2010) quoted above, stating that

"- we have closed our file and will not make any
further contact with you concerning payment against this
account..."


Therefore it certainly appears that Lowell Portfolio 1 Ltd., Lowell
Financial Ltd., and Andrew Bartle are each and all in dishonour.


6.) In my letter to Andrew Bartle dated 23. March, 2010, and again in
my next letter to Andrew Bartle dated 26. May, 2010, I gave NOTICE
of my OFFER OF CONDITIONAL ACCEPTANCE - to wit:

"I conditionally accept your offer to agree that I owe £2680.00
(as per your letters of 25th February, 7th of March and 14th of
March 2010), the remainder of an alleged debt originally
amounting to £3725.72, for services (apparently) rendered by
your company, upon proofs of claim..."

I have to date received no substantive response to my OFFER OF
CONDITIONAL ACCEPTANCE, and no proofs of claim have been
offered in support of Lowell Portfolio 1 Ltd.'s and Lowell Financial
Ltd.'s assertion(s) that I owe £2680.00 to Lowell Financial Ltd. or
Lowell Portfolio 1 Ltd. -

- no substantive response, I repeat, except SILENCE.

7.) In my letter to Andrew Bartle, Chief Operations Officer, Lowell
Financial Ltd. dated 26. May, 2010, I further gave NOTICE OF
OFFER OF FULL AND FINAL SETTLEMENT OF ALLEGED DEBT
( this letter is appended ). Please read this NOTICE carefully, Kevin,
It is on pages 5 - 7 of my letter to Andrew Bartle dated 26. May, 2010.

I have to date received no substantive response whatsoever to my
OFFER OF FULL AND FINAL SETTLEMENT OF ALLEGED DEBT.
The time-limit on the offer expired on 11. June, 2010, as it did
likewise on my FINAL OFFER OF CONDITIONAL AGREEMENT.

As I say, I have had no substantive response from Andrew Bartle,
Lowell Financial Ltd. and Lowell Portfolio 1 Ltd. except...SILENCE.


Kevin, as you now are a third party to my communications with Andrew Bartle, Chief Operations Officer, Lowell Financial Ltd., and in your capacity as Collections Manager for Lowell Portfolio 1 Ltd., would you please act as the APPELLATE OFFICER in this matter? If you agree to undertake this duty, I hereby appoint you as the APPELLATE OFFICER in regard to this alleged account, and ask you to conduct a review and Appeal of all the evidence I hereby submit, together with all evidence there at the companies.

Please carefully read through and review all the evidence I hereby supply to you regarding this alleged account.

It seems to me from the evidence in my possession that the alleged account is in default due to Lowell Financial Ltd.'s failure to supply a true copy of the original credit agreement, and due to Lowell Financial Ltd. and Lowell Portfolio 1 continuing to process my personal data in relation to this alleged account in contravention of the Data Protection Act;

- due to Lowell Financial Ltd. and Lowell Portfolio 1 Ltd. continuing to contact me concerning payment against this alleged account in contravention of the Consumer Credit Act 1974 section 78(6) and in contradiction to 'Samantha Barnard's letter of 11/04/2010 stating that "At this time we have closed our file...";

- and finally the entire matter has not been settled despite my many offers of conditional acceptance and of full and final settlement of the alleged debt.

I am copying this entire file and sending it to Andrew Bartle, Chief Operations Officer, Lowell Financial Ltd. and I hope and trust you will act as the APPELLATE OFFICER in this matter, in order to arrive at a remedy for all concerned, for all parties to avoid dishonour.

NOTWITHSTANDING the expiry of my OFFER OF FULL AND FINAL SETTLEMENT of this alleged account, I hereby make my FINAL OFFER OF FULL AND FINAL SETTLEMENT to Andrew Bartle, Chief Operations Officer, Lowell Financial Ltd., and to Lowell Portfolio 1 Ltd. as follows:

NOTWITHSTANDING the current default situation in effect with regard to this alleged account, and notwithstanding your own current state of dishonour 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.

Bearing in mind that, as stated by 'Samantha Barnard' in her letter to me dated 11/04/2010:

"After liaising with HBOS PLC in an effort to obtain this document (the
true copy of the original credit agreement for this alleged account)
we have been advised that it is no longer available due to the length of
time since the account was opened with you."
"At this time we have closed our file and will not make any further
contact with you concerning payment against this account unless
the copy of the agreement is received at some point in the future
from HBOS PLC." - and:

Bearing in mind that since Lowell Financial Ltd. and Lowell Portfolio 1 Ltd. had NO ORIGINAL CREDIT AGREEMENT upon which to base this alleged account in the first place, therefore the alleged account must have been created due to administrative error on your part and on the part of Lowell Financial Ltd. and Lowell Portfolio 1 Ltd.; and:

Bearing in mind that because I have received no true copy of the original credit agreement from Lowell Financial Ltd. since "Samantha Barnard" 's letter of 11. April, 2010, it therefore seems more than likely that neither you, Lowell Financial Ltd. nor Lowell Portfolio 1 Ltd. is going to respond in substance to my OFFER OF CONDITIONAL ACCEPTANCE because no Proofs of Claim can be offered;

and:

Bearing in mind that I have to date paid the sum of £1045.72 to Lowell Financial Ltd. toward an alleged debt account that had no basis or substance whatsoever, and which must have been promulgated due to administrative error on your part;

and:

Bearing in mind that in spite of this administrative error, Lowell Financial Ltd. might still have been acting in good faith, believing it had purchased this alleged debt from HBOS PLC (as I take to be the true state of affairs from the point of view of you and your company) and therefore you probably felt you had a right to pursue this matter and seek payment from me;

and:

Bearing in mind that a certain proportion of the alleged accounts currently managed by Lowell Financial Ltd. have probably been similarly promulgated through administrative error;

and:

Bearing in mind that in spite of these circumstances, Lowell Financial Ltd. provides employment to a great many people in the Leeds area, and it would create great financial hardship on Lowell's current employees - including yourself - if Lowell were to cease trading due to an overwhelming preponderance of these "administrative errors" being finally recognised for what they are and the alleged debtors stopping all payments promulgated upon such administrative errors, and you were all to lose your jobs;

THEREFORE:

I wish to offer Lowell Financial Ltd. the sum of £545.72 (five hundred forty-five pounds and seventy-two pence) in full and final settlement of this alleged debt identifiable under your reference number 12345678 - without any admission on my part of there being the slightest basis whatever for this alleged debt, Without Any Admission of Any Liability Whatsoever and With All Natural, Inalienable Rights Reserved - and only because you and Lowell Financial Ltd. may have believed you acted in good faith when you purchased this alleged debt from HBOS PLC (as I take to be the true state of affairs from the point of view of you and your company) and I do not wish for the company to cease trading nor for a default to be lodged in any court against you personally nor against the company, for the reasons I have stated above.

Bearing in mind that I have already paid the sum of £1,045.72 (one thousand forty-five pounds and seventy-two pence) to Lowell Financial Ltd., if you accept this, my FINAL offer of Full and Final Settlement, I expect Lowell Financial Ltd. to reimburse me the sum of £500.00 (five hundred pounds sterling ), and this reimbursement may be made to me either via a crossed cheque or bank draft payable to "babaguy" and sent to the address above, or by way of a chargeback to the card from which the original payments were made to Lowell Financial Ltd. (due to the administrative error on your part), and I also expect you to notify all credit reference agencies that this alleged debt has been paid in full, and to update your own ledgers and accounts that this alleged debt has been paid in full and that the account is now closed with a zero balance.

If you agree to my FINAL OFFER OF FULL AND FINAL SETTLEMENT, you have twelve (12) working days from the date of this letter to accept in good faith this offer and to make this reimbursement to me, and I also require Lowell Financial Ltd. to notify all relevant credit reference agencies that this alleged debt has been PAID IN FULL.

There is a time-limit on the agreement being offered. It is reasonable, and if it runs out then you and all associated parties are in default, removing any and all lawful excuse on your part for your proceeding in this matter. For this reason it is important that you consider and respond to this offer in substance. The 'nearest official form' will not suffice, and consequently is likely to be ignored by myself without any dishonour on my part.

I look forward to hearing from you and to receiving the reimbursement of £500.00 within the next twelve working days. If there is no response from you, then you and all associated parties are in default, and I'm afraid I must reluctantly reserve the right to pursue you, Andrew Bartle, personally for the full amount ( £1045.72 ) paid by me, as there is certainly no basis whatsoever for this alleged debt, promulgated through administrative error - or, at the most unpleasant construction, through fraud.

Thank you. Kevin, for your time, care and attention in this matter, and I look forward to hearing from you - with remedy! - at the earliest opportunity.

I am yours sincerely, without ill will, vexation or frivolity,

babaguy-babaguy: babaguy

Without Any Admission of Any Liability Whatsoever, With All Natural, Inalienable Rights Reserved.

Thanks Everyone - esp. Twinkle Toes & Cheeky Cherub - for all your help!

- babaguy

[eryca313]

yes I requested cca for £2000 credit card, they didnt have it so requested to leave me alone.nothing since (4months)
also requested overdraft charges got back £400 but still taking it further, due to other issues......yes it did work