Triton Credit Services reply to Notice to Cease Harassment

Triton Credit Services reply to Notice to Cease Harassment

Postby nature spirit » Fri Aug 28, 2009 11:36 am

Hi, I sent Triton Credit Services a Notice to Cease Harassment and have received a reply

XXXXXX

Dear Mr XXXXXX

RE: XXXXXXXXX

We write with reference to your correspondence dated 15th January 2009, the contents of which are duly noted.

Your current outstanding balance due to the Bank is £xxx.xx

To stop your accounts going for further action please forward your monthly repayment proposals along with your Income and Expenditure details.

We confirm interest will continue as is rightfully due as per your terms and conditions.

Yours sincerely

(unreadable sig)

pp

Recovery Manager

XXXX

They have obviously not read the notice, for a start it is addressed to my person and I doubt if their terms and conditions have anything about

5. Proof of Claim that any obligation on my part is enforcement of a legal process on a Human Being under Common Law jurisdiction, who cannot possibly have such liability under said jurisdiction.

or, indeed any of the other parts.

Do I

1) Send a sarcastic reply, highlighting the whole notice and telling them to read it properly.
2) Send the letter straight back with a note- no legal fictions here, just human beings.
3) Go through the entire notice highlighting how they have not complied.
4) Do something else, suggestions please...

Triton Credit Services is a trading name of The Royal Bank of Scotland plc (I bank with Nat West who are owned by RBS)- does this make them a third party, or can they calim they are Nat West.

Blessings

Storm
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Re: Triton Credit Services reply to Notice to Cease Harassment

Postby nature spirit » Sat Aug 29, 2009 11:45 am

Update:

I have now received a letter from Apex Credit Management Ltd, based in Stratford Upon Avon... Looks like they are panicking and don't know what to do, so have sold my debt on, let the fun begin! Apex are going to get a Notice to Cease Harassment too... this time they cannot claim to have any legitimate claim.

http://www.apexcm.co.uk/services

Storm

I have sent them this via their email, as their letter was dated 27/08/09 and gives five days for a reply (got it today, Saturday of a bank holiday weekend) will also be sending it to them by registered post.

Below is a copy of the email I sent via their form (their form output

++++++++++++++++++++++++

This is an enquiry e-mail via http://www.apexcm.co.uk/ from:
David-Storm: of the Family Alteryus <email address XXXXX>

This is being sent by email and registered post, as your letter arrived over a bank holiday weekend and gave me 5 days to reply.


In care of:
xxx
xxxx
Devon
Near: [xxxxxx]
August 29th, 2009

Re: xxxxxx, dated 27/08/2009.
Notice of Request to Cease Harassment


Apex Credit Management Ltd
11 Elm Court
Stratford-Upon-Avon
CV37 6PA


Dear Sirs,

I must admit that I am confused to hear from you as I have no dealings with you or your company. I can only assume that Nat West, unable to proceed, have sold the alleged debt on to you. Please read this notice very carefully, as standard replies are not welcome.

Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.

I refer to your letter dated 27/08/2009.

As you are a third party intervener in this matter acting without authority, I DO NOT give you permission to interfere in my commercial affairs as you have no legal standing. I do not have a contract with you and any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn.

I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. And I believe, should you continue in contacting me after my request for you to cease your activity, that you will be guilty of harassment and blackmail, and you will be in breach of these acts, and you will be reported to the relevant bodies.

I am well aware of Section 40, sub-section (3) which you may consider entitles you to proceed. However upon full commercial liability and penalty of perjury you will need to supply the following Proofs of Claims:

1. Proof of Claim that your actions are reasonable.

2. Proof of Claim that any obligation on my part is due, or believed by you to be due to you, and not to some other party.

3a. Proof of Claim that any obligation on my part is to yourself by providing sight of the appropriate contract, or

3b. Proof of Claim that any obligation on my part to persons for whom you act by providing sight of the appropriate contract.

4. Proof of Claim that any obligation on my part protects you from any future loss.

5. Proof of Claim that any obligation on my part is enforcement of a legal process on a Human Being under Common Law jurisdiction, who cannot possibly have such liability under said jurisdiction.

You would of course need to provide these Proofs, including showing the full and audited accounting, if you chose to go to law.

Please also note that if you contact me by telephone, after a formal request not to, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading. And take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Finally, you do not, nor have you ever had, my permission to use or process my personal data in any way, and so pursuant to the Data Protection Act 1998, I hereby demand that you cease use of any and all data with regard to me, and that you immediately destroy all of my data held on your records. Failure to do so will result in a report being submitted to The Information Commissioner for Data Protection breaches.

You will be deemed to have been served notice of my request and I will deem it served three (3) days from the date of this letter. This has been sent by recorded delivery. I am advising you that any communications from you including but not limited to letters, phone calls and text messages received after this date will be recorded/noted with the intention of them being used as evidence.

Do not contact me again.

Sincerely and without ill will, vexation or frivolity,

David-Storm: of the XXXXXX family
WITHOUT PREJUDICE, i.e. all Natural Inalienable Rights Reserved
Please address all future correspondence in the matter to a direct Human Self, namely David-Storm: of the XXXXXX family, as commonly called.

Please enter your Account Number:
I have no account with you (This field was mandatory in the form)

Please provide a contact number:
019520206114 (This is the contact number for Triton Credit services)
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Re: Triton Credit Services reply to Notice to Cease Harassment

Postby huntingross » Sat Aug 29, 2009 8:26 pm

Ah, I got to you too late....I was going to say don't contact Apex at all....you don't have an agreement with them its between you and Triton.....

I just got some third party shitty nose lawyers letter from the HP finance crowd....I wrote back to the finance company and told them that mistake just cost them £3m....I don't want to deal with third party
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Re: Triton Credit Services reply to Notice to Cease Harassment

Postby gepisar » Mon Aug 31, 2009 9:33 am

huntingross wrote:Ah, I got to you too late....I was going to say don't contact Apex at all....you don't have an agreement with them its between you and Triton.....


Ah, but if you don't rebut something that someone else claims, you are tacitly agreeing (so my barrister friend tells me) Therefore is it not prudent to write to someone who makes claims on you to refute their claims.

Could you explain why we shouldnt write back to 3rd party interlopers?

I just got some third party shitty nose lawyers letter from the HP finance crowd....I wrote back to the finance company and told them that mistake just cost them £3m....I don't want to deal with third party


Can you explicate? How did it cost them 3m? Did you get it? Many thanks.

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"Paper money eventually returns to its intrinsic value - Zero" - Voltaire 1729
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Re: Triton Credit Services reply to Notice to Cease Harassment

Postby nature spirit » Tue Sep 01, 2009 12:28 am

I have not sent any letters to Apex so far, due to the Bank Holiday Weekend, just an email. Interested to see what the next move is. May send the letter off by reg post sometime, thinking about what to do with that bunch. Will definately contact Trident and tell them I don't appreciate being passed to a 3rd party and to read my original notice- perhaps I should send it to them in LARGE PRINT just in case they have problems :grin:

Therefore is it not prudent to write to someone who makes claims on you to refute their claims.


I did wonder about this too, as if I did nothing they would continue to harass me and assume I was either away on holiday or too scared to phone them!

I wrote back to the finance company and told them that mistake just cost them £3m


Yes, I am very interested in this too, is it in your fee schedule?

Thanks for the advice, I will keep you posted, doing this is actually quite fun (which is not the reaction these people want)

Storm

PS check out the apex website- http://www.apexcm.co.uk are they trying to be a warm fuzzy bunbch of b****?

From their website

Our Approach
“To be recognised as the leading ethical debt management provider in the UK”


Is that not a contradiction in terms- I was robbed, but the mugger was very friendly!
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Re: Triton Credit Services reply to Notice to Cease Harassment

Postby huntingross » Tue Sep 01, 2009 5:48 pm

Hi gepisar....Its a good point you make about tacit agreement.....My point is that during the course of negotiations I am not required to negotiate with a third party unless I agree to it....I wrote to the other party and informed them of that fact....a fact established by my copyright agreement, which they infringed....infringement costs are £3m per use....this will eventually arrive at a commercial lien, so there is no money yet...and it might end up being a bond.

The third party is acting as agent, so I don't need to rebut their allegations (although they didn't make any that required rebuttal) I would simply write to the main party.

Think of it as two guys arguing in a pub and some bloke starts butting in....would his opinions create a contract with me....he would just get ignored.

The only thing in their letter which is worded requiring a response is an undertaking from me that 'no further action will be undertaken' .....so no response leaves them hanging....if they're going to write daft letters, its not really my problem...

Personally, I would write something along the lines 'failure to respond will be taken to mean no further action will be taken'...

Of course this is just my opinion and not advice.
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