TAKING ON CAPITAL ONE

TAKING ON CAPITAL ONE

Postby fmotl69 » Sun May 30, 2010 2:38 pm

1ST LETTER: NOTICE & DEMAND/NOTICE OF CONDITIONAL ACCEPTANCE AND UNDERSTANDING.

Capital One
PO BOX 1000
Camberley
GU15 3ZQ

May 4th 2010.

CAPITAL ONE BANK ACCOUNT NUMBER: XXXX-XXXX-XXXX-XXXX

Dear Sirs,

Please read the following notice thouroughly and carefully before responding.

DO NOT IGNORE THIS!!!


It has come to my attention that we may not have a valid contract therefore I request that you send me the following documentation:
1) An authentic copy of a lawful bilateral contract, signed by both parties in which my signature is within four corners of the document and not apart from it.
2) Proof of consideration.
3) Full disclosure.
4) Proof of loss.

I enclose £1.00 for the information requested.
DO NOT USE THIS FOR ANY OTHER PURPOSE THAN TO SEND ME EXACTLY WHAT I ASK FOR!!!
I give you 14 days to comply to this letter. I will be happy to pay any financial obligation that I may LAWFULLY owe as soon as I receive the proof of claim document.

WITHOUT ANY ADMISSION OF LIABILITY WHATSOEVER AND WITH ALL INDEFEASABLE RIGHTS RESERVED.

In Sincerity and honour,

Do de do de do.
fmotl69
 
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Re: TAKING ON CAPITAL ONE

Postby fmotl69 » Sun May 30, 2010 2:52 pm

2nd LETTER TO CAPITAL ONE: NOTICE OF FAULT/NOTICE TO COMPEL.

Capital One
PO BOX 1000
Camberley
GU15 3ZQ

CAPITAL ONE BANK ACCOUNT NUMBER: XXXX-XXXX-XXXX-XXXX

NOTICE TO COMPEL
Tuesday 18th May 2010.

Dear sirs,

I demand that you send me the following documentation:
1) An authentic copy of a bilateral contract, signed by both parties in which my wet signature is within four corners of the document and not apart from it.
2) Proof of consideration.
3) Full disclosure.
4) Proof of loss.

Actions required:
You must provide me with the following:
1) An authentic copy of a bilateral contract, signed by both parties in which my wet signature is within four corners of the document and not apart from it.
2) Proof of consideration.
3) Full disclosure.
4) Proof of loss.

All documents must be provided by: 15th June 2010.

I place upon you a duty to respond, and make it clear to you that this notice is time sensitive. If I do not receive all of the above within the timescale specified, I will write to inform you that through your acquiescence, my claims are held to be truth in law and are permanent and irrevocable by Estoppel.
If you do not provide me with all of the above documentation within the timescale provided, any further correspondence will incur a fee. The fee will be £100.00 per letter/notice sent.
The notice requires that you respond within 28 days of this notice

DO NOT IGNORE THIS!
STOP PHONING. YOU CALL IT PERSISTANCE, I CALL IT HARASSMENT!

WITHOUT ANY ADMISSION OF LIABILITY WHATSOEVER AND WITH ALL INDEFEASABLE RIGHTS RESERVED.

In Sincerity and honour,

Do de do de do.
fmotl69
 
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Re: TAKING ON CAPITAL ONE

Postby fmotl69 » Sun May 30, 2010 3:09 pm

CAPITAL ONE DID REPLY WITH:

Thank you for your letter asking for substantiation of your financial obligations with Capital One.

I would like to advise you we are not obliged to reply in affidavit format.

Your agreement with capital One is governed by English Law. Your request for validation of your debt is based on consumer's rights under United States Law and not English Law. As a result, this and your request for proof of consideration, Full disclosure and proof of loss are not relevant to your agreement with Capital One.

CAPITAL ONE ENCLOSED:

1) Terms of the credit agreement.
2) 20 million monthly statements from 2001 to present day.
3) A photcopy of the application form with a signature from them which is not even inside the box and looks like a child signed it.

SO ON REFLECTION TO WHAT HAS GONE ON SO FAR IS:
1) NEVER ASK FOR A COPY ALWAYS ASK FOR THE ORIGINAL.
2) DO NOT SEND A LETTER, SEND A NOTICE. ( they are saying thanks for your letter but I never mentioned letter in my previous notices, just some good advice from another forum user )
3) THE INFORMATION I REQUESTED IS NOT UNDER ENGLISH LAW! ( which law would that be I wonder... COMMON OR ADMIRALTY? )
4) DON'T QUOTE STATUTES, STATUTES ARE FOR THEM NOT US. ( they are quoting the consumer credit regulations of 1983- at what point did I mention this )

I was not happy with the information they had sent me so I sent the following letter.....
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Re: TAKING ON CAPITAL ONE

Postby fmotl69 » Sun May 30, 2010 3:42 pm

REPLY TO CAPITAL ONE BULLSHIT:

Capital One
PO BOX 1000
Camberley
GU15 3ZQ

RE: NOTICE TO COMPEL

CAPITAL ONE BANK ACCOUNT NUMBER: XXXX-XXXX-XXXX-XXXX

Friday 21st May 2010.

I received your document that I requested. I am writing to you today because I am not happy with the information that you have provided me. I asked for a copy of the original LAWFUL bilateral contract. I demand that you send me the original LAWFUL contract ( not a copy )
I also asked for PROOF OF LOSS. All you have provided me with is statements. This is not proof that you have sustained a loss of any kind. The dispute in question is that you even had the 'money' to lend me in the beginning.
I also asked for FULL DISCLOSURE:
The need in business transactions to tell the "whole truth" about any matter which the other party should know in deciding to buy or contract.
I also asked for PROOF OF CONSIDERATION:
1) Payment or money. 2) A vital element in the law of contracts, consideration is a benefit which must be bargained for between the parties, and is the essential reason for a party entering into a contract. Consideration must be of value ( at least to the parties ), and is exchanged for the performance of promise of performance by the other party ( such performance itself is consideration ). In a contract, one consideration ( thing given ) is exchanged for another consideration.
I will explain why you have failed to produce exactly what I requested;
'Cash' is banknotes and coins. 'Cash' cannot be 'money' for the reason that approx. 93% of all 'money' is simply numbers on a computer database ( this is where you come in ). So it is not coins and banknotes. 'Money' can be converted into coins and banknotes ( e.g cash ) by banks and other financial institutions. 93% is never converted.
'Cash' is also not 'money', because it is REAL, and money is not real. Money is credit/debit. This is obvious from any ledger or balance sheet.
CREDIT:
Belief or confidence/faith placed in something.
Coins and banknotes are real, physical, objects that represent that faith (this is because faith is an imagination, idea, concept or belief )
So since money is a belief , I cannot see how you have been deprived of it!
Allow me to provide you with an extract from the 2008 Quarterly Bulletin from the BANK OF ENGLAND:
BLAH BLAH BLAH.... BANKS EXTEND CREDIT......BLAH BLAH BLAH...THIN AIR!!!

The date of the previous notice I sent ( by recorded delivery on the 18th May 2010 ) will still remain with the deadline being the 15th June 2010. I demand the following:

1) THE ORIGINAL LAWFUL bilateral contract signed by both parties in which our wet signatures are within the four corners of the document and not apart from it.
2) Proof of consideration.
3) Full disclosure.
4) Proof of loss.

WITHOUT ANY ADMISSION OF LIABILITY WHATSOEVER AND WITH ALL INDEFEASABLE RIGHTS RESERVED.

In Sincerity and honour,

Do de do de do.
fmotl69
 
Posts: 39
Joined: Tue Apr 13, 2010 12:08 pm

Re: TAKING ON CAPITAL ONE

Postby fmotl69 » Sun May 30, 2010 3:55 pm

CAPITAL ONE REPLIED ON THE 24TH/ARRIVED 27TH.

We replied to your original letter dated 13th may 2010. We have met all the requirements, again English Law and not U.S Law. Make a payment by the 12th June 2010 or you will receive a default sum against you.

IF ANYONE FROM CAPITAL ONE IS READING THIS YOU CAN GO FUCK YOURSELVES YOU ARE NOT GETTING A PENNY AND YOU WILL BE BROUGHT TO JUSTICE WITH YOUR FRAUDULENT BULLSHIT. WHERE IS THE ORIGINAL DID YOU SELL IT?
I DO NOT WANT A COPY OF THE APPLICATION FORM I WANT TO SEE THE ORIGINAL.

I shall be waiting until the 15th June before I send off my Notice of default/opportunity to cure.
I wonder what response i will get back from them regarding my RE:NOTICE TO COMPEL ( 21/05/2010 )

Will keep you posted with responses and of course any feedback is always appreciated.
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Re: TAKING ON CAPITAL ONE

Postby huntingross » Sun May 30, 2010 8:08 pm

Their fall back to US law is soooooo lame.

Wake up guys, you're busted....nice work F69.
Success nourishes hope
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Re: TAKING ON CAPITAL ONE

Postby fmotl69 » Fri Jun 04, 2010 5:18 pm

Response from Capital One regarding RE:NOTICE TO COMPEL.

Thank you for writing back regarding your request of substantiation of your financial obligations with Capital One.

As I've already explained, your request is based on consumer rights under U.S law and not English law.
Proof of loss, full disclosure and proof of consideration is not relevant to Capital One.
We cannot provide you with anymore info regarding our fiancial operations....blah blah blah..... send us your money!!!

Lots of love Capital One.
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Re: TAKING ON CAPITAL ONE

Postby fmotl69 » Fri Jun 04, 2010 11:18 pm

THIS IS MY OPPORTUNITY TO CURE NOTICE:


Capital One
PO BOX 1000
Camberley
GU15 3ZQ

Monday 15th June 2010.
OPPORTUNITY TO CURE

Dear Sirs,

I demanded to see the original contract over the course of the last 28 days.
You have produced a copy of the credit agreement. I demand to see the original as this may be a fraudulent document and I would have to check against the original to confirm my suspicions.
I also demanded documents showing proof of loss, full disclosure and proof of consideration. You claim that these are only subject to United States Law. You will have no objection to my claim that you have not sustained a loss of any kind. If there is no proof of consideration, how I can you prove that the money existed for you to give me? Full disclosure requires you to tell me the “whole truth”. If you are not willing to provide this, what do you have to hide?
In addition, what English Law are you operating under?
As I am working honourably, I will be more than happy to pay any amount that I may lawfully owe as soon as I receive the proof of claim document ( ORIGINAL )

I hereby serve Notice of default. You have 7 days from receipt in which to deliver an appropriate response.
This has been sent recorded delivery.
If I do not receive a response I will be sending a final notice and gain lawful estoppel.

WITHOUT ANY ADMISSION OF LIABILTY WHATSOEVER AND WITH ALL INDEFEASABLE RIGHTS RESERVED.

In sincerity and honour,

Do de do de do.


Feedback always welcome.
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Re: TAKING ON CAPITAL ONE

Postby no_ta » Sat Jun 05, 2010 4:32 am

Hello fmotl69

I may have come on to this a little late, but it is flagging up as active.

When Capital One said thank you for your letter they may have been correct, you first notice says 'letter' in you penultimate paragraph.

DO NOT USE THIS FOR ANY OTHER PURPOSE THAN TO SEND ME EXACTLY WHAT I ASK FOR!!!
I give you 14 days to comply to this letter. I will be happy to pay any financial obligation that I may LAWFULLY owe as soon as I receive the proof of claim document.


It looks as if they do read your notices fully., I don't like this bit about agreement is under US law, if this is really what they are about it needs to be explored, also if I am thinking correctly US laws are similar to ours so they have the same responsibility.
Where are you up to now?
Meus Patria - diligo - pugna - quod - intereo pro
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Re: TAKING ON CAPITAL ONE

Postby fmotl69 » Sat Jun 05, 2010 12:13 pm

Waiting to send the opportunity to cure.
They have until the 15th to respond to the notice to compel.
I posted it to see what people thought of the notice, not come across too many examples so I thought this one could work.
The notice above is ready and waiting.
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