My notice to MBNA

Re: My notice to MBNA

Postby MrFrodo » Wed Jul 15, 2009 12:21 pm

Hi Jaytee,

Could be,,..I had just come up with this (part taken from getoutofdebtfree.org)

[]


July 15th, 2009

Re: xxxxxxxxxx, dated 15th June, 2009.

Notice of Dishonour (?)

Notice to agent is notice to principle, notice to principle is notice to agent.

MBNA credit card
Chester Business Park
Chester
CH4 9FB

Dear Sirs,
On the 23rd of June I sent yourselves a Notice requesting clarification on the alleged debt and requested proof of your claim on a variety of points regarding (but not exclusively) a lawful contract that includes;
1> Full disclosure.
2> Equal consideration (the actual accounting showing that MBNA EUROPE LTD took money from their own account and placed it in the account for MISS xxx xxxxx).
3> Lawful terms and conditions.
4> Wet signatures from both parties.
As you have failed to provide the clarification and proofs requested within the time frames given to validate your claim we are now in tacit agreement that:
1. That the debt did not exist in the first place;
OR
2. It has already been paid in full;
AND
3. That any damages I suffer, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.

Sincerely and without ill will, vexation or frivolity,

xxxx: of the xxxx family
WITHOUT PREJUDICE, i.e. all Natural Inalienable Rights Reserved
Please address all future correspondence in the matter to a direct Human Self, namely xxxx: of the xxxxx family, as commonly called.
Last edited by MrFrodo on Wed Jul 15, 2009 12:27 pm, edited 2 times in total.
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Re: My notice to MBNA

Postby MrFrodo » Wed Jul 15, 2009 12:24 pm

In my original notice I had mentionend various proofs of claims, in this latest oneI decieded to concentrate on the important ones. I hope this isok and its not too much of a change of emphasis?

In regards to what to title it, I have no idea, should it be estopel by aquiessence ? I was going to follow up with a affidavit of negative averment so should I provide a timeline on this notice also?

Frodo
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Re: My notice to MBNA

Postby MrFrodo » Thu Jul 16, 2009 5:38 pm

I sent the below instead of the above, no need to repeat points already mentioned. Next week I move to stage 2!

In care of:
[]

MBNA credit card Sent Royal mail recorded delivery
Chester Business Park
Chester
CH4 9FB

16/07/09

Reference: xxxxxxxxxxxx

Dear sirs,



Notice of Default

Notice to agent is notice to principle, notice to principle is notice to agent.


Your records will show that no response has been received by my self regarding my previous notice of discharge request for clarification sent to you on 23/06/07

Since no response has been received by my self and the time allowed for you to respond has elapsed please take formal notice that you are now in default regarding this matter and all payments are now lawfully suspended. As stated in my previous correspondence you have no recourse in a court of law regarding this matter as I have made conditional agreement and therefore no controversy exists.

The original Notice offered conditional agreement and those conditions have not been observed. Until such time as reasonable answers can be supplied to my self in respect of the previous request I cannot lawfully agree to any future demands for payment.

Should you subsequently provide me with clarification as previously requested I can then act accordingly by the re-instatement of lawful payment.


Sincerely and without ill will, vexation or frivolity,

xxxxx: of the xxxxx 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 xxxx family, as commonly called.
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Re: My notice to MBNA

Postby The Freeman-on-the-Land known as Michael » Sat Jul 18, 2009 2:34 pm

hello mrfrodo.

i have experience of the use of AFFIDAVITS in relation to fraudulent claims of credit bandits (http://freetheplanet.net/articles/96/the-a4v-of-robin-hoody-a-bankster-in-dishonour), and for what it is worth, it is my humble opinion that they can be used as a most potent weapon to establish the facts of the matter.

however, even the stongest paperwork is redundent unless due administrative process is served and subsequently dishonoured, also known as exhausting all possible administrative remedies. it is this that creates the injury that can be cured by filing a commercial injury claim into the county court with an AFFIDAVIT OF OBLIGATION (commercial lien).

but as the legal maxim dictates: for a matter to be resolved it must first be expressed. in other words, we need to serve notice of the injury caused, or the injury about to be caused, to give the other party time to raise any issues, controversies or counterclaims. therefore, in your position, i might think about serving another conditional acceptance[/i]:

STRAWMAN
ADDRESS


PRIVATE & CONFIDENTIAL
NAME
CHIEF EXECUTIVE OFFICER
ROBIN HOODIES LIMITED
ADDRESS
POST CODE

COMPANY NUMBER: XXXXXX
LICENCE NUMBER: XXXXXX

DATE

NOTICE OF CONDITIONAL ACCEPTANCE

NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT


Dear CHIEF EXECUTIVE OFFICER,

Re: Account Number: XXXX XXXX XXXX XXXX

Following the receipt of your company’s letter dated __________________, I hereby serve notice that I conditionally accept the alleged debt of ALLEGED AMOUNT DUE, and will use my best endeavours to settle and close the account in the most expedient manner possible, upon receipt of the following items at the mailing location above:

1. A legally enforceable original credit agreement signed in blue ink by the Authorised Representative for STRAWMAN
2. Verification of the balance due in the form of a true bill
3. Validation of ROBIN HOODIES’ valuable consideration pertaining to the alleged debt, in the form of the actual accounting of its losses
4. Proof of claim that any and all previous credit agreements were not vitiated when ROBIN HOODIES failed to provide validation and verification of the alleged debt, or a legally enforceable credit agreement, pursuant to the Consumer Credit Act 1974, the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and the House of Lords ruling in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul)
5. Proof of claim that ROBIN HOODIES is not in multiple breach of the Office of Fair Trading’s Final Guidance on Unfair Business Practices July 2003 (updated December 2006)

Dishonour of this NOTICE OF CONDITIONAL ACCEPTANCE by failing to provide these reasonably requested items within seven (7) days of ROYAL MAIL SPECIAL DELIVERY BARCODE NUMBER, will constitute the voluntary agreement of ROBIN HOODIES LIMITED that it has aggressively and unfairly attempted to collect an invalid claim, and in so doing, it has caused injury to STRAWMAN, for which the Authorised Representative for STRAWMAN is legally entitled to make a commercial claim through the county courts for three times the value of the alleged debt, in the event that all available private administrative remedies have already been exhausted.

In sincerity and honour, without malice, mischief, ill will, vexation or frivolity,



By: Upper-Case: Lower (Authorised Representative)
ALL RIGHTS RESERVED - WITHOUT PREJUDICE - WITHOUT RECOURSE - NON ASSUMPSIT


hope this is of some help. it certainly does the job for me.

namaste

The Freeman-on-the-Land commonly known as Michael
ALL RIGHTS RESERVED - WITHOUT PREJUDICE - WITHOUT RECOURSE - NON-ASSUMPSIT
Nothing, except the truth, is like it seems to be.

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Re: My notice to MBNA

Postby MrFrodo » Sat Jul 18, 2009 2:51 pm

Hi Michael,

I extend my gratitude for your assistance. I shall get this off in the post on monday and will report any reply and progress as it happens. Your notice seems to look like it has
far sharper teeth than the previous notices I had sent. I had also not been sending it to the CEO, which I shall do this time. Is the mention of 3 times the debt as a claim agsint them an arbitrary figure or based on a ruling?

Many thanks,

Frodo
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Re: My notice to MBNA

Postby The Freeman-on-the-Land known as Michael » Sat Jul 18, 2009 2:58 pm

in answer to your question, the admiralty system seems to respond very well to multiples of three.
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Re: My notice to MBNA

Postby huntingross » Sat Jul 18, 2009 3:19 pm

Michael

Nice Notice and an enormous paper trail on that link....

What did you write on the initial remittance that you returned.
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Re: My notice to MBNA

Postby The Freeman-on-the-Land known as Michael » Sat Jul 18, 2009 5:39 pm

there is much conjecture about the correct A4V procedure to achieve set-off and i have first-hand experience of several of them. however, there is increasing evidence to suggest that turning the remittance into a MONEY ORDER is effective in enforcing the set-off of the amount outstanding on the account, rather than engaging in the arduous task of enforcing discharge.

to offer set-off with a money order one would write on the front of the remittance:

MONEY ORDER

PAY TO THE ORDER OF THE ROBIN HOODIES


SIGN AND DATE IT

then on the back, print/stamp the following in red caps (if there is no conflict of interests in so doing):

ACCEPTED AND RETURNED FOR VALUE WITHOUT DISHONOUR
WITHOUT PREJUDICE WITHOUT RECOURSE


then print the same on the front and back of the relevant statement of account and return it for settlement with an AFFIDAVIT OF PAYMENT. i know of several people who have recently empoyed this method and in each case the account was returned to zero within a few days. i will reveal the results of my partner's endeavours in that regard as soon as we hear back from the corporation which received a similar presentment by special delivery last week.
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Re: My notice to MBNA

Postby huntingross » Sat Jul 18, 2009 10:49 pm

Hi Michael

Interesting that they seem to be going through quickly.....you seemed to be plugging away with Cap2 for months...do you think they are becoming more accepting of this procedure....what's your thoughts on it.

For clarity....you send the completed remittance, statement and affidavit to the issuer.
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Re: My notice to MBNA

Postby michael » Sat Jul 18, 2009 10:59 pm

Hello fmotlka-Michael
Thanks for the very useful links.

The Freeman-on-the-Land known as Michael wrote:
however, even the stongest paperwork is redundent unless due administrative process is served and subsequently dishonoured, also known as exhausting all possible administrative remedies. it is this that creates the injury that can be cured by filing a commercial injury claim into the county court with an AFFIDAVIT OF OBLIGATION (commercial lien).

[/b]


Is there a particular number of notices and interval between them which can be considered honourable and satisfying 'due administrative process'?

By the way, did you sign any of your notices?

All the best,
Michael
Truth is within ourselves; it takes no rise
From outward things, whate'er you may believe.


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