Hi there, My adventures against Tesco, MBNA & Barclaycard

Hi there, My adventures against Tesco, MBNA & Barclaycard

Postby IamNebula » Mon Mar 21, 2011 2:24 am

Hi there,

I found the following video on Youtube
http://www.youtube.com/watch?v=Wff3dKuTY2Y

Now, starting in JAN 2010 I went through a process of conditional acceptance with Tesco, MBNA and Barclaycard. Then I had subsequent dealings with debt collection companies. (Moorcroft, Triton, and Westcot x2)

Things went very quiet until this week when I recieved a new letter from Fredrickson International Limited. This is not a worry, though it is annoying that this has started up again.

I was inspired by the Youtube video to maybe go on the offensive, try to get all my money back as Sarah did in the video (I would love to know if Sarah has a website, I do not know any more about her other than she is known as Sarah, if you have any links to more of her stuff I would love to see them. Especially if she has copies of her letters online to have a scan through)

When I look back over my letters (they were really based on templates from getoutofdebtfree.org) I think now that I would change my letters a lot and be more aggressive in getting things acknowledged, get any black marks against my credit file removed and ultimately get my money back.

Is it a good idea to start the process again from scratch, with new letters?

Is there a name given to the process of getting your money back after you serve your conditional acceptance and get no replies - tacit agreement through aquiescence.

If it is possible that Sarah has gotten acknowledgement from MBNA and her money back I know it is possible for me to do it.

I will put another post below this one with a copy of each stage of my letters so anyone who is interested can see what I did.

Before I went down this path I dutifully paid everything and was oblivious to the true nature of the credit companies. However I lost my job when the recession kicked off. This took away my ability to pay, caused by banks who were too big to fail!!!???! Then I was hounded daily by these companies, multiple times per day, and eventually ended up in hospital. I had developed a prostate problem and was given a biopsy (which thankfully came back clear) which was attributed to stress, which I can attest to. I hope no one goes through the mental and physical pain I suffered.

After the process of education and first hand experience of playing them at their own game I lost all my fear and vowed never to stress again over this type of thing.

I hope anyone who is in the position I was back then can learn from my experience and realise that you can fight back.

I would love to know your views on whether you think it is worthwhile going after them aggressively or if you think I should be happy that I only get the odd letter every now and again. I want to hit them but would love a 3rd party view where my emotions are not clouding my judgement :D

I will make a post below this one with the letters I sent for anyone to look at. I am aware now that I could have done these better but I assume we all learn more over time.

All the best

Clarky
IamNebula
 
Posts: 5
Joined: Mon Mar 21, 2011 1:21 am

Re: Hi there, My adventures against Tesco, MBNA & Barclaycard

Postby IamNebula » Mon Mar 21, 2011 2:34 am

Here are copies of my letters for anyone who is interested.

Letter 1

Chief Executive Officer
MBNA Europe Bank Ltd
PO Box 30
Chester Business Park
Chester
CH4 9FD

CC: Collections Department

21/01/2010


Re: Account Details: ****************

Dear Chief Executive Officer

I would be happy to settle any financial obligation I might lawfully owe, as soon as I have received the following documentation from you:

1. Validation of the debt (the actual accounting);
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act 1882);
3. A copy of the contract signed by both parties and therefore binding both parties.

I hereby give you ten (10) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:

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.

Please Note: I wish to deal with this matter in writing and I do not give your organisation permission to contact me by telephone. Should it do so, I must warn you that the calls could constitute ‘harassment’ and I may take action under Section 1 of The Protection from Harassment Act 1997.

Yours sincerely




By: Firstname: Familyname ; Authorised Representative

No assured value, No liability. All Rights Reserved.




Letter 2

Chief Executive Officer
MBNA Europe Bank Ltd
PO Box 30
Chester Business Park
Chester
CH4 9FD


CC: Collections Department

31/01/2010


Re: Account Details: ****************

Dear Chief Executive Officer

I wrote to you on 21/01/2010 requesting the following documentation, so that I may settle any financial obligation I might lawfully owe:

1. Validation of the debt (the actual accounting);
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act 1882);
3. A copy of the contract signed by both parties and therefore binding both parties.

As you have failed to provide the aforementioned documentation to validate your claim, I hereby give you ten (10) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:

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.


Yours sincerely





By: Firstname: Familyname; Authorised Representative

No assured value, No liability. All Rights Reserved.




Letter 3

Chief Executive Officer
MBNA Europe Bank Ltd
PO Box 30
Chester Business Park
Chester
CH4 9FD
CC: Collections Department

10/02/2010



Re: Account Details: ****************

Dear Chief Executive Officer

I wrote to you on 31/01/2010 requesting the following documentation, so that I may settle any financial obligation I might lawfully owe:

1. Validation of the debt (the actual accounting);
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act 1882);
3. A copy of the contract signed by both parties and therefore binding both parties.

As you have failed to provide the aforementioned documentation to validate the claim within the ten (10) days requested in my last correspondence, we are now in agreement to and have a lawfully binding tacit contract, comprising, the following terms:

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.


Yours sincerely



By: Firstname: Familyname; Authorised Representative

No assured value, No liability. All Rights Reserved.



As a sidenote, I received a reply from Tesco saying that the bills of exchange act was an American thing. Here is a copy of the letter I sent in reply to that one.


Miss K Rose
Tesco Personal Finance
PO Box 5747
Southend On Sea
SS1 9AJ

CC: Miss K Rose: Collections Department

22/02/2010



Re: Account Details: **** **** **** ****
Dear Chief Executive Officer

In Reference to the letter I received from you on 17/02/2010.

I am disappointed to see that you waited until the very last day to reply to my letters and then stated that the information I requested is only covered under USA Law.

I refer you to the following website:
http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1882/cukpga_18820061_en_1

The Bills of Exchange Act 1882 is a UK bill on the UK statute roll.

I did ask for specific things from you and I gave more than enough time for you to provide the information requested. You have failed to do this. Therefore I do believe the tacit agreement created between us still stands. You were given plenty of time to fulfil your obligations under this statute and you refused to do so.




Yours sincerely





By: Firstname: Familyname ; Authorised Representative

No assured value, No liability. All Rights Reserved.
IamNebula
 
Posts: 5
Joined: Mon Mar 21, 2011 1:21 am

Re: Hi there, My adventures against Tesco, MBNA & Barclaycard

Postby IamNebula » Mon Mar 21, 2011 2:39 am

Finally, here is the letters I sent to any debt collection company who pursued me.


Letter 1

PO Box No. 17
2 Spring Gardens
Stockport
SK1 4AJ

11/02/2010


Re: Moorcroft Reference: *************************
Client Reference Number: *************

Dear Sir/Madam

Thank you for your recent letters.

I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages and should they continue, I must warn you that they will now constitute ‘harassment’ and I may take action under Section 1 of the Protection from Harassment Act 1997. I may also take further action under the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing ‘alarm, distress or humiliation’, because of their frequency or manner.

Please provide verification of your claim, including a lawful contract; a hand signed invoice in accordance with The Bills of Exchange Act 1882 and proof of agency within ten (10) days from the above date so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer; you will be held culpable; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

Yours sincerely

By: Firstname: Family Name

Authorised Representative All Rights Reserved.



Letter 2


PO Box No. 17
2 Spring Gardens
Stockport
SK1 4AJ


22/02/2010


Re: Moorcroft Reference: ************************
Client Reference Number: ************

Dear Sir/Madam

I wrote to you on 11/02/2010 requesting verification of your claim including a lawful contract; a signed invoice and proof of agency to validate your claim, so that I may settle any financial obligation I might lawfully owe. Your said failure to provide the requested documentation within ten (10) days from the above date will constitute your agreement to the following terms:

1. That you are a third party interloper;
2. That you have no legal standing;
3. That you have no first-hand knowledge of this matter;
4. That your claim is fraudulent;
5. That any damages I suffer, you will be held culpable;
6. That any negative remarks made to a credit reference agency will be removed;
7. You will no longer pursue this matter any further.

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

I also refer to your letter dated the 16th February 2010 saying you do not think that the “queries” (as you put it) are relevant to the issues involved here and that you will answer any genuine queries I have.

These queries are genuine and I have every right to ask these questions and expect an answer.


Yours sincerely

By: Firstname: Familyname

Authorised Representative All Rights Reserved.




Letter 3

PO Box No. 17
2 Spring Gardens
Stockport
SK1 4AJ

04/03/2010

Re: Moorcroft Reference: ******************************
Client Reference Number: ***************

Dear Sir/Madam

I wrote to you on 22/02/2010 requesting verification of your claim including a lawful contract; a signed invoice and proof of agency, to validate the debt, within ten (10) days. As you have failed to provide the documentation within the ten (10) days requested in my last correspondence, we are now in agreement to; and have a lawfully binding tacit contract comprising, the following terms:

1. That you are a third party interloper;
2. That you have no legal standing;
3. That you have no first-hand knowledge of this matter;
4. That your claim is fraudulent;
5. That any damages I suffer, you will be held culpable;
6. That any negative remarks made to a credit reference agency will be removed;
7. You will no longer pursue this matter any further.


Yours sincerely


By Firstname: Familyname

Authorised Representative All Rights Reserved.
IamNebula
 
Posts: 5
Joined: Mon Mar 21, 2011 1:21 am


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