My notice to MBNA

Re: My notice to MBNA

Postby The Freeman-on-the-Land known as Michael » Sat Jul 18, 2009 11:29 pm

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.


the process of discharging an debt through the credit bandit's dishonour of legal tender of payment (pursuant to section 43 of the bills of exchange act 1882) almost always does take several months, as does the process of discharging it through their failure to provide proof that the debt actually exists. this is because he who leaves the battlefield first loses by default, so they always attempt to scare people into giving up the fight, which is certainly not for the faint-hearted. if they did not take this approach and acquiesced as soon as we ask for proof of claim, that might constitute silent confession to their fraudulent claim.

however, turning the remittance into a money order to effect set-off (not discharge) prevents the counter-endorsement (usually on the back) by the other party. this, i believe, is the reason why this method seems to be producing results. knowing the difference between the two methods certainly helps.

For clarity....you send the completed remittance, statement and affidavit to the issuer.


yes.
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Re: My notice to MBNA

Postby The Freeman-on-the-Land known as Michael » Sun Jul 19, 2009 1:48 am

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


every situation is different, but in broad strokes, this the the basic process:

NOTICE OF CONDITIONAL ACCEPTANCE giving seven days for response
NOTICE OF DISHONOUR & OPPORTUNITY TO CURE giving seven days for response
NOTICE OF NON-RESPONSE
NOTICE OF COMMERCIAL INJURY CLAIM giving seven days for response
NOTICE OF DEMAND FOR PAYMENT giving seven days for response
FINAL DEMAND NOTICE giving seven days for response
NOTARISED AFFIDAVIT OF OBLIGATION giving seven days for response
NOTICE OF FAULT & OPPORTUNITY TO CURE giving seven days for response
NOTICE OF DEFAULT
NOTARISED CERTIFICATE OF NON-RESPONSE/DISHONOUR

if the credit bandit still refuses to settle the matter in an honourable fashion, the entire paper trail above can be filed into the county court, which will have no option but to make out an order in favour of the notarised administrative judgment, as long as the paperwork has been correctly crafted and served. after ninety days, that judgment becomes as Account Receivable, which can then be utilised as a debt security for an International Bill of Exchange to the value of the claim. until the lien is satisfied, the alleged creditor's credit rating will be seriously impaired, especially after it is registered with the FSA.

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


i always autograph in blue with a right thumbprint and a great seal in red. i also ask the post office to cancel 1p stamps on the top right hand corner of each notice (as well as original copies), which renders it much more difficult for the credit bandits to claim it didn't receive the presentment, since the royal mail can atttest to both the service and its contents.
retaining original copies is critical in going the distance with these processes.

just try to remember that contrary to the spurious accusations of the credit bandits, the a4v method is not trying to get out of paying; it is an attempt to effect payment and prevent fraud, and the commercial lien process allows us to claim compensation for the injury created by the alleged creditors attempt to aggressively enforce a fraudulent claim.
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Re: My notice to MBNA

Postby Farmer » Sun Jul 19, 2009 6:39 am

Hello Michael, glad to see you on this forum, and welcome.

What you have posted brings up a few questions for me:

The Freeman-on-the-Land known as Michael wrote:1. A legally enforceable original credit agreement signed in blue ink by the Authorised Representative for STRAWMAN


You ask for an original credit agreement. Do you mean their original copy of the signed agreement, not a copy of their original copy of the signed agreement? If this is so, is that because when the laws governing this were first made it was not possible to create a photocopy?

Does a contract always have to be signed in blue ink? If yes, does this mean that every agreement or contract that is not signed in blue ink is void?

Are you trying to clear this through a commercial process rather than claiming common law?

The Freeman-on-the-Land known as Michael wrote:i always autograph in blue with a right thumbprint and a great seal in red. i also ask the post office to cancel 1p stamps on the top right hand corner of each notice (as well as original copies), which renders it much more difficult for the credit bandits to claim it didn't receive the presentment, since the royal mail can atttest to both the service and its contents.
retaining original copies is critical in going the distance with these processes.


I understand what a seal is, but what do you mean by “a great seal"? Also, do you feel it is ok to write or draw the seal rather than stamp it? And why do you not just use your thumbprint as your seal?

As you retain the originals, are the copies photocopies that you send as they would not show the colour of the ink. Or do you print and autograph the copies stating at the top that they are copies?

The Freeman-on-the-Land known as Michael wrote:if the credit bandit still refuses to settle the matter in an honourable fashion, the entire paper trail above can be filed into the county court


Are you also of the opinion that it is best to by-pass a magistrate court whenever possible because the magistrates will default to ruling in favour of the plaintive when they either see they are being cornered, do not understand what is happening, or have a personal preference?

Finally, would this process also work when dealing with council tax as that seems on the surface to be a different animal?
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Re: My notice to MBNA

Postby huntingross » Sun Jul 19, 2009 9:44 am

The Freeman-on-the-Land known as Michael wrote:
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.


the process of discharging an debt through the credit bandit's dishonour of legal tender of payment (pursuant to section 43 of the bills of exchange act 1882) almost always does take several months, as does the process of discharging it through their failure to provide proof that the debt actually exists. this is because he who leaves the battlefield first loses by default, so they always attempt to scare people into giving up the fight, which is certainly not for the faint-hearted. if they did not take this approach and acquiesced as soon as we ask for proof of claim, that might constitute silent confession to their fraudulent claim.

however, turning the remittance into a money order to effect set-off (not discharge) prevents the counter-endorsement (usually on the back) by the other party. this, i believe, is the reason why this method seems to be producing results. knowing the difference between the two methods certainly helps.

For clarity....you send the completed remittance, statement and affidavit to the issuer.


yes.


Thanks Michael, for the explanation.

Do you use a Notary or do you 'self' notarise using 3 witnesses as allowed for in the Bills of Exchange ?
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Re: My notice to MBNA

Postby The Freeman-on-the-Land known as Michael » Sun Jul 19, 2009 10:38 am

Do you use a Notary or do you 'self' notarise using 3 witnesses as allowed for in the Bills of Exchange ?


it is always best to use a notary for the affidavit and certifying the non-response, but 3 good men will suffice for the want of an available/willing notary.
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Re: My notice to MBNA

Postby MrFrodo » Mon Jul 20, 2009 1:32 pm

Michael,

In your conditional offer notice example you reference 'license number'. Could you tell mewhat license number this would be ?
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Re: My notice to MBNA

Postby The Freeman-on-the-Land known as Michael » Mon Jul 20, 2009 2:16 pm

it is the Credit Licence Number issued by the Financial Services Authority (FSA), which is governed by the acts cited in the notice, as well as the Data Protection Act.
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Re: My notice to MBNA

Postby MrFrodo » Mon Jul 20, 2009 2:28 pm

I thought it something like that, is this freely aailable information? And who would I contact to find it out, the bank in question or the FSA?

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Re: My notice to MBNA

Postby MrFrodo » Mon Jul 20, 2009 2:32 pm

The number displayed on this register?

http://www.fsa.gov.uk/register/home.do

Also, is a notice invalid if it is not signed? I have heard the in some cases signitures have been 'lifted'.

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Re: My notice to MBNA

Postby The Freeman-on-the-Land known as Michael » Mon Jul 20, 2009 2:57 pm

The number displayed on this register?

http://www.fsa.gov.uk/register/home.do


yes, i believe so.

Also, is a notice invalid if it is not signed? I have heard the in some cases signitures have been 'lifted'.


a notice is invalid if it is unsigned, unless it is the notie of a corporation, in which case the letterhead of the company is suffice.

I thought it something like that, is this freely aailable information? And who would I contact to find it out, the bank in question or the FSA?


which information? the credit licence number?
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