Keep at it guys! Don't let them get you down!! They will try to intimidate you but don't budge. In my warfare with the cooperative, I actually responded to those worthless collection agencies as I wanted to "play the game" with them, and see how they squirm. I'm sick and tired of these wpoc's (worthless piles of crap) trying to control people's lives via supposed debts, supposed overdrafts, and threatening legal action and DCA's. As tigs has said on many occasions, only the original creditor can take legal action against you. But if they have sold the debt on, then the debt is paid mate! The original creditor won't unless they feel they have you contracted and obligated to do so.
Oh, here's a sample of a letter I sent one of a number of DCA's:
MR. NAME
ADDRESS
Date:
Sent by Recorded Post
Phoenix Credit Services Ltd
Olympic House
6 Olympic Court
Salford
M50 2QP
Notice of Understanding and Intent – Account: 000 00000 000
Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says!
It is important that you consider and respond to this notice and all questions therein!
There is a 10-day time limit on this notice being served from the date of issue! It is reasonable, and if it runs out then I shall take the understanding that you are in agreement with the points herein stated and that you have no objections to any or all of the points contained herein in full accordance with my Rights in Law; and as a result no further action on your part is required concerning your claim of an outstanding debt on the entity Mr.xxx.
It is my understanding and of that in commerce, that a notice to one is notice to all. Should you not be in a position to respond with clarity to the points stated herein it shall be interpreted that you are unable to satisfy the conditions therein and have accepted the points herein regarding this notice.
For these reasons it is recommended that you carefully consider this notice and respond in substance, which means addressing the points raised herein.
Failure to respond to this offer and to do so completely and in good faith within 10 (ten) working days will be deemed by all parties to mean you and your principal or other parties agree in full to the points made herein and whole heartedly accept this claim.
I acknowledge receipt of your letter, dated 27 August 2009, and your offer of contract. I put the following questions and notices to you in accordance with the Constitutional Law of Britain, and under the penalty of perjury, theft & fraud to the Crown, please send me a copy of the following documents to validate your claim:
1. A bill and not a statement (signed under the full commercial liability of someone who can bind your corporation in contract.)
2. Include a copy of the document of evidence of a contract between you and Mr.XXX a corporation (signed under the full commercial liability of someone who can bind your corporation in contract.)
3. Evidence of your consideration (what did you give MR.xxxx in exchange for the sum you are claiming?) Also, ensure that it is signed under the full commercial liability of someone who can bind your corporation in contract.
In addition, and again under the penalty of perjury, theft & fraud to the crown, please answer the following:
1. Does the alleged offence that you are/will be accusing MR.xxx of come under criminal law or civil law?
2. How did the document you sent to MR.xxx come to be addressed to a corporation?
3. Why is it that your letter, addressed to a MRxxx, is not signed??
4. Is the letter you sent MR.xxx, an entity created by capitalisation, an offer of contract?
5. Under what specific statute and/or legislation does the alleged offence come under?
6. What is the full and complete wording of the “Oath Of Office” taken by you, or any parties you are acting on behalf of in this matter, in regards to protecting Her Majesty the Queen and her people?
7. As article 45 of Magna Carta 1215, one of the founding documents of the British Constitution clearly states the following, “ We will appoint as justices, constables, sheriffs, or other officials, only men that know the law of the realm and are minded to keep it well.” Are you able to assure and promise me that you are wholly aware and knowledgable to the precise and total contents of all the British constitutional documents, law and legal documents of the British realm? (Your job as employees of the Phoenix Credit Services Ltd, comes under the term officials in the above article; so it includes you!)
I would also like to point out that as you never contracted with MR.xxxxx your claim for compensation is invalidated, as there was never a valid bilateral agreement between you and MR.xxx. There are four requirements for a lawfully binding contract/agreement that were not met in your letter namely:
I. Full Disclosure (At no point did you inform me that you were attempting to contract with the person MR.xxx, a corporation, for the purpose of soliciting funds through a ‘statement of demand’). This is fraud and unlawful!
II. Equal consideration (You brought nothing to the table, hence you had nothing to lose, as your charge made on the entity/corporation named MR. xxx is an attempt to contract for the purpose of soliciting funds. Again, this is fraud & deception!)
III. Lawful Terms and Conditions under the British Constitution were not met, as there was never an agreement/contract between yourselves and MR.xxx. Therefore, your demand is based on an attempt to defraud me, as well as the corporation MR.xxx!
IV. 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). There was no signature on a contract, from a representative of the your corporation, since none was issued. Hence, your demand is not binding. Contracts are binding based on the signatures of both parties involved and corporations cannot sign because they are not living entities!
For your information, I received a letter from James F. Murray, a Customer Feedback Consultant of the Cooperative Bank, dated 17 August 2009, in which he claimed that the bank had not received my notice of intent and payment for the sum your are fraudulently laying claim too, dated 29 May 2009. As all my communications with the bank have been recorded and all notices sent recorded delivery, it was a small matter to ascertain from the Post Office if this notice had been delivered. They confirmed that the Cooperative bank had received this letter. This is a confirmation of the deceit and fraud being committed by the Cooperative bank, the company you claim to represent. On 31 July 2009 additional payments were made to confirm settlement, closure and payment of all supposed outstanding debts on the accounts belonging to the entity Mr.xxx. If these payments are not acceptable why were none of these letters returned from the Cooperative bank with a note that these payments have been rejected? The fact is that the Cooperative bank accepted these payments in good faith!
Now, once again, I ask you the question: why was your letter, offering to contract with the entity Mr.xxx, not signed? As stated above, someone in your company needs to sign your letter, who can lawfully bind your company in contract!
Are you hiding something? Is that the reason why no one in your company was willing to sign the letter?? Is there something questionable that needs to be disclosed for the purpose of notification? What is it that you are hiding? Are you committing an unlawful act, hence the letter sent with no signature? Are you aware that this action in itself is fraudulent and unlawful?? Are you aware that this action in itself voids any attempt you make to obtain a contract?? Is this how your company does business, via fraud?? Is this how your company functions, outside of the law?? Is this a one off occurrence or do you always conduct business in this manner?? If this is so, then the Police will need to be notified!
Do you realise that your actions are in violation of the Consumer Credit Services Act 1974? You have broken your oath of office in regards to your licence! The Office of
Fair Trading will have to be informed of your actions! Your license will have to be permanently revoked for attempted fraud and dishonesty! What are you hiding? Is your credit license valid? Do you have a credit license?? Do you realise that as per the laws that bound the operation of the credit licenses, if a credit services provider were found to conduct business without possessing a proper license or committing fraud, or operating outside of the law, then it will be entitled to punishments? Do you realise that the punishments may range from fines to imprisonment? Do you have a valid license to practice? Do you realise that your actions, in themselves are fraudulent, and unlawful and that this can result in imprisonment??
Your failure to provide the above information requested, constitutes that you are at best a third party interloper with no legal standing in this commercial matter between MR.xxx and the Cooperative Bank. You have no legal standing, no first-hand knowledge of the matter, and your claim is fraudulent. You are in dishonour, as evidence by the fact that you have failed to state a claim upon which relief could be granted. Your unsigned letter is evidence of fraud and your license is hereby revoked! This matter will have to go to the Office of Fair Trading!
I do not give you permission to make a legal determination about me, or the entity you are accosting. You have failed to provide evidence of a contract between MR.xxx and Phoenix Credit Services Ltd, also evidence of your consideration, and you have failed to sign your offer of contract under penalty of perjury. You have no venue or jurisdiction over me! You are like a stray dog looking for a home! Keep out of my commercial affairs, as you have no right to interfere! PHOENIX CREDIT SERVICES LTD YOU ARE FIRED!!!!!
As I stated previously, any correspondences made with the cooperative bank or any supposed representatives of the bank will incur an administration charge for responding to any further accusations of alleged offences. This charge is £500 per hour for my time and labour, and £100 per letter sent to you in response to any allegations made towards MR.xxx.
Therefore, the amount you owe MR.xxx:
Labour (Letter 2 hrs) = £ 1000.00
Cost of Letter = £ 100.00
Amount Now Owed by Phoenix Credit Services Ltd = £ 1100.00
Please send a cheque for the amount you owe, made payable to MR.xxx, to the above address!
In the event of you deciding that this matter must be prosecuted, then I require you to state the area of Common Law under which any such prosecution will be pursued.
At present, I do not consent to contract with you.
BY: ________________________(agent) Date:
After the above letter, they wrote back to say that I had failed to reach a credit agreement with them and that my credit rating will be affected for up to 6 yrs. YEAH, RIGHT! AS IF I REALLY CARE ABOUT THEIR WORTHLESS CREDIT RATINGS. SHUCKS THEY EVEN ASKED ME TO CONTACT THEM IMMEDIATELY SO THAT THEY CAN STOP THIS ACTION REGARDING MY CREDIT RATING. Anyway, the point is, the moment the cooperative had problems with me, the credit rating was affected. Big deal!!!! These letters the DCA's send out are scare tactics, because they cannot add anything to what the banks have already inflicted on an individual. Anyway, I hope this letter will help or even inspire those who are being harassed by banks, DCA's et al.
Regards,
Mark.