Advice/comments on Notice of Cond Acc for CC company

Advice/comments on Notice of Cond Acc for CC company

Postby laughingcat » Wed Apr 07, 2010 3:46 pm

I have sent off the "3 letters" from getoutofdebtfree.org to Cap One and received a standard reply. As the last letter from them crossed in the mail with my last letter I have decided to start afresh with more bite and use FMOTL Michael's lien process to be more aggressive with them. My first concern is getting the NOCA right in the first instance so as it is clear what I'm asking for in order for them to validate the "debt". I've drafted the notice below which includes some points to address issues they've raised in their replies to my original notices. I'd be so grateful if anyone has any comment/suggestions or just to say it sounds OK. Credit must go to Michael and others for bits which I've lifted. I've spoken to a barrister on the subject of the CCA 1974 and he assures me that the agreement must be a valid contract under the common law of contracts in order to be a valid agreement.

Ms Jessica Dubbeld
Executive Response Centre
Capital One Bank (Europe) Plc
PO Box 5283
Nottingham NG2 3YG


NOTICE OF CONDITIONAL ACCEPTANCE

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


Re: Account/Credit Card Number: xxxx xxxx xxxx xxxx

Dear Ms Dubbeld,

Thank you for your letter dated 25th March 2010 in response to my previous notices, dated 3rd March 2010, 17th March 2010 and 30th March 2010. It appears that my final notice crossed in the mail with your letter. Your response to my notices suggests some confusion as to my requests. As a gesture of goodwill and to avoid controversy and further confusion, I am willing to conditionally review the agreement established by the notice on 30th March 2010 and I hereby serve notice that I conditionally accept the alleged debt of £xxxx, 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 address above:

1. A certified true copy of the original contract, signed by both parties and thus binding both parties;
2. Verification of your claim against me in the form of a true bill, in accordance with the Bills of Exchange Act 1882, or a hand-signed sworn affidavit;
3. Validation of Capital One (Europe) Plc’s valuable consideration pertaining to the alleged debt, in the form of the actual accounting of its losses.
4. Confirmation, by sworn affidavit, that Capital One (Europe) Plc, lends its own money to credit card holders as would be my sincere understanding upon signing a Credit Card Agreement (contract). *
*Please refer to The Bank of England’s Quarterly Bulletin 2008 Q1 Vol. 48 No. 1, in which Paul Tucker, Executive Director for Markets and Monetary Policy Committee Member, asserts, “...banks extend credit by simply increasing the borrowing customer’s current account, which can be paid away to wherever the borrower wants by the bank ‘writing a cheque on itself’. That is, banks extend credit by creating money." If the facts of the matter conclude that Capital One (Europe) Plc used my signature to give value to a cheque, electronic transfer or similar instrument, it could be reasonably concluded that I created the money that was subsequently lent back to me, a transaction I would regard as fraudulent, as it would dramatically change the risk factor on your part. Please confirm that this is not the case. This is not an accusation or any attempt at defamation and should not be regarded as such. I am simply attempting to establish facts.
Please note the Fraud Act 2006 –
2 Fraud by false representation

(1) A person is in breach of this section if he—
(a) dishonestly makes a false representation, and
(b) intends, by making the representation—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if—
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
(3) “Representation” means any representation as to fact or law, including a
representation as to the state of mind of—
(a) the person making the representation, or
(b) any other person.
(4) A representation may be express or implied.
(5) For the purposes of this section a representation may be regarded as made if it
(or anything implying it) is submitted in any form to any system or device
designed to receive, convey or respond to communications (with or without
human intervention).

3 Fraud by failing to disclose information

A person is in breach of this section if he—
(a) dishonestly fails to disclose to another person information which he is
under a legal duty to disclose, and
(b) intends, by failing to disclose the information—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.

Please also be aware that the well-established concept of Consensus Ad Idem, the meeting of the minds or mutual assent, is essential for a contract to be valid under English Law. That is, there must be common understanding and intentions of both parties in the formation of the contract and that they both must assent to the same thing in the same sense.

Further, I do not consider it to be adequate to merely remind me that the credit agreement is governed by the Consumer Credit Act 1974. I am fully aware of this. However, I have it on good legal counsel that the agreement is still a contract and it is left to the English common law of contracts to determine whether the contract is valid.
Dishonour of this NOTICE OF CONDITIONAL ACCEPTANCE by failing to provide these reasonably requested items within ten (10) days of the date of this notice, will constitute the voluntary agreement of Capital One (Europe) Plc that it has aggressively and unfairly attempted to collect an invalid claim, and in so doing, it has caused injury to LAUGHING CAT, for which the Authorised Representative for LAUGHING CAT 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.
Yours sincerely without malice, mischief, ill will, vexation or frivolity,





By: Laughing: Cat; Authorised Representative

No assured value, No liability. All Rights Reserved.
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Re: Advice/comments on Notice of Cond Acc for CC company

Postby nameless » Thu Apr 08, 2010 10:20 am

Hello laughing cat

When I read this yesterday, I thought what a well laid out and well constructed document. Today, I was surprised to see that no one had made any comments so far, but wondered if this was because it couldn't be bettered, and silence means their tacit agreement lol.
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy."

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Re: Advice/comments on Notice of Cond Acc for CC company

Postby laughingcat » Thu Apr 08, 2010 11:35 am

Thanks nameless for your comment. Maybe I should have titled my thread "NOTICE REQUESTING COMMENTS ON NOTICE OF..." and then given 3 days...
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Re: Advice/comments on Notice of Cond Acc for CC company

Postby huntingross » Thu Apr 08, 2010 8:04 pm

Hi LC

I see why you're pursuing the "law of the contract" question now.....good notice, let's see what they say.
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