Barclaycard NEEDS CLEVER HELP!

[iknowmyrights]

Hi Guys,

I have been writing to Barcalys re this debt for ages, and they are chasing the min repayments.
They have sent out DCAs, etc but they are also still in conversation with me.letter writing etc.....

Using Veronicas Debt busting standard templates, they have just come back every time, ignoreing them as they do.
But the litigation dept are now involved, and Im not sure what to send in response to this letter: a notice of estoppel or Notice of Cease to Harassment, or another conditional acceptance?


thIS IS THE LAST LETTER I SENT THEM:
Notice of Discharge of Outstanding Demand and Request for Clarification.

In care of:
79 I DON’T KNOW WHERE
DOMWHERE
Near: [POSTCODE]
December 6th, 2011

Re: NUMBER, dated November 2011.
Notice of Discharge of Outstanding Demand and Request for Clarification.

Barclays Bank PLC


Dear Sirs,

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

The reason why you need to read carefully is simple. I am offering conditional agreement. This removes controversy, and means that you no longer have any ultimate recourse to a court of law in this matter, because there is no controversy upon which it could adjudicate. You always have the option of dragging these conditions into a court of law only to be told that they are, indeed, perfectly lawful. That is, of course, always your prerogative should you decide to waste your time.

For this reason it is important that you consider and respond to the offer in substance. The 'nearest official form' will not suffice, and consequently is likely to be ignored by myself without any dishonour on my part.

On the other hand there is a time-limit on the agreement being offered. It is reasonable, and if it runs out then you and all associated parties are in default, removing any and all lawful excuse on your part for proceeding in this matter.

For these reasons it is recommended that you carefully consider this notice and respond in substance, which means actually addressing the points raised herein.

You have apparently made demands upon me.

I do not understand those apparent demands and therefore cannot lawfully fulfil them. I seek clarification of your document so that I may act according to the law and maintain my entire body of inalienable Natural Rights.

Failure to accept this offer to clarify and to do so completely and in good faith within 7 (seven) days will be deemed by all parties to mean you and your principal or other parties abandon all demands upon me.

I conditionally accept your offer to agree that I am legal fiction 'person' MIS J BLOGGS and that I owe £9084.96 for services rendered by your company, upon proof of claim of all of the following:

1. Upon proof of claim that I am a person, and not a human being.

2. Upon proof of claim that you know what a 'person' actually is, in legal terms.

3. Upon proof of claim that you know the difference between a 'human being' and a 'person', legally speaking.

4. Upon proof of claim that you know the difference between 'legal' and a 'lawful'.

5. Upon proof of claim that I am legal fiction 'person' MISS J BLOGSS, being the entity to which your paperwork was addressed, and not NaAME: of the surname family, as commonly called.

6. Upon proof of claim that the charge was the result of a lawful investigation unmarred by prejudice.

7. Upon proof of claim that I am a member of the society whose statutes and subsisting regulations you are enforcing.

8. Upon proof of claim that I showed you some sort of identification.

9 Upon proof of claim that there is a nameable society that I belong to and that the laws covered within any alleged transgressions state that they apply to me within that named society.

Sincerely and without ill will, vexation or frivolity,

name: of the surname family
Without any admission of any liability whatsoever, and with all Natural, Inalienable, Rights reserved.
Please address all future correspondence in the matter to a direct Human Self, namely usere: of the surname family, as commonly called.

Encl: Original paperwork as received.





and THis is the below Response:

FROM BARCLAYCARD
We respond to your earlier letter, where we did actually set out our position in full. We now reiterate our earlier comments that the process that you are using has no legal basis and will not result in us writing off any balance in your account.
We recommend that you continue paying your balance as per your credit agreement to avoid incurring charges & interest.

We trust that this now brings an end to this correspondence from you. PLease note that we are satisfied that we have made our position clear to you, and will not repsond to further correspondence from you which seeks to reais exactly the same points.

YOurs Sincerely

blah blah blah (wet ink signature) ITS GETTING PERSONAL NOW
Paralegal



So i need a really clever response to this! aNY IDEAS PLEASE or templates

[treeman]

Cant remember who crafted this one but by all means pick away it and see what you can come up with.

Re: Unsolicited ‘Notices’

NOTICE OF MY UNDERSTANDING AND TO REVOKE ANY IMPLIED RIGHT OF ACCESS.
Notice to Principal is Notice to Agent; Notice to Agent is Notice to Principal.


The representatives of an artificial legal entity known as
Company details Date

Dear Sirs,

I refer to your correspondence being addressed to the artificial and public entity named MR XXXXX XXXXX a legal title which very closely resembles how I am commonly referred too. Now, I being a sovereign man on the land, I am the only power and authority within My life, thus may have a responsibility to settle any alleged claim made against the afore mentioned public entity upon substantive proof of My liability to do so. At no point have I relinquished or consented to legal jurisdiction or any liability to My person nor knowingly contracted with any body to that effect. Any permission that your company believes it may have had 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 reject your offer inherent in your communications to create joinder between My Self and an artificial entity upon which responsibilities and duties can be legally assigned.

Please notice my amusement and derision as I hereby notice any and all of your notices and notice you noticing my notice but not really caring as I had already noticed that I need not notice a 3rd party interloper in My affairs. Use all the pretty colours your wish in your NOTICES it must scare some of those poor souls your parasitical business infests daily, I’m rather partial to azure blue it’s so lovely, don’t you think? Did you notice that I used a lovely band of burgundy to highlight my notice’s intent? But unlike yours mine is not a particular colour of ink around an absence of ink that closely resembles a series of words that could be construed by the ignorant to seem like words. Is that intentional or just ignorant, lazy, careless or just plain stupid I wonder (rhetorical question, I'm betting on all of the aforementioned).

I do not recognize you or your intent and most certainly have not contracted with you. I do recall you having not providing validation (to my knowledge) of any so called debt nor even that I owe that debt, which I do not. Or that I, Myself, made any agreement to perform in this matter, which I do recall most certainly not doing. The matter you seem intent on pursuing on ‘behalf’ of your ‘client’ is barred by lawful estoppel, did they tell you that? Again, rhetorical so don’t bother answering; as a mere 3rd party interloper which buys other peoples alleged debts and thus cannot possibly have any lawful claim I don’t care enough for your continued presence in My affairs to receive your reply.

I am returning your property, I made an honest mistake in opening these communications, they appeared to be addressed to Me but upon closer inspection I found that to be untrue. Should you wish to talk to Me, My direct Self without appellations like ‘Mr’, then address the correspondence appropriately (see below), all items incorrectly marked from now on will be filed under ‘B’ for bin without dishonour on My part.

Furthermore, I hereby revoke any permission, implied or explicit, to access by your company or representatives including those agents commonly referred to as the bailiffs (oh my, be still my beating heart, the terror!), to visit My property.

No person or peoples may enter My property or grounds or cross any boundary into or onto My property without my explicit written consent. I and my land are in common law jurisdiction and clearly marked NO TRESPASS.

Any persons or peoples who do so enter without invite will be subject to a charge of £1000.00.

Any invitation to an appearance in court by Myself will be subject to a charge of £500/hour or part thereof along with incurred expenses.

This charge will be recovered using all legal and lawful procedures the likes of which your ‘client’ shall shortly be the recipient of, they had been barred on doing just what they have in selling off the unverified ‘debt’ to you. Those naughty people them.


Sincerely and without ill will, vexation or frivolity,

xxxxx-xxxxxxxxx: of the xxxxx family, Sovereign-man-on-the-land.
Without any admission of any liability whatsoever, and with all Natural, Inalienable, Rights expressly reserved.

12th March 2010 FIRST NOTICE

Regarding: Declaratory Notice of ‘Damage Dispute’, Reference XXXXXXX.

Notice of Conditional Acceptance upon Request for Clarification or Discharge of Demand.
Notice to Principal is Notice to Agent; Notice to Agent is Notice to Principal.

Company details

Dear Sirs,

I believe I should make my intentions and understanding clear from the start. 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 being addressed to the artificial and public entity named MR XXXXX XXXXXXXXX XXXXX of which I am lawfully entitled to act as the 3rd party agent on its behalf. At no point have I relinquished or consented to jurisdiction of any liability to my person. 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.



It is my understanding that without first entering a discussion there cannot be dispute, we have not entered any constructive discourse up to this point so we cannot possibly have established a status of dispute in our dealings. I state for and on the record that I am conditionally accepting that there may be a case for my liability on the matter raised; this does not mean I admit liability to any ‘debt’ or agree to any ‘charges’ at this time.

This removes controversy, and means that you no longer have any ultimate recourse to a de facto court of law in this matter, because there is no controversy upon which it could adjudicate. You always have the option of dragging these conditions into a court of law only to be told that they are, indeed, perfectly lawful. That is, of course, always your prerogative should you decide to waste your time. We are in discussion and I have a few questions to ask you.

Your notice stating your mistaken belief of dispute in this matter informs me you have already decided to apply that ‘charge’ under policy, accepting your assessment and then disputing your assertions would have put me in dishonour before your notice. I choose rather to refute your notice as it is blatantly obvious any assertion or ‘proof’ that I did not cause any damage to your property would apparently be useless by your own methods, the charge being stated before investigation.

You have apparently made a demand or charge upon my person, I do not fully understand this and you have not provided a remedy to cure this in the form of a bill as per the Bills of Exchange Act 1882. As I do not fully understand those apparent demands and therefore cannot lawfully fulfil them. I seek clarification of your document so that we may act according to the law and maintain our entire body of inalienable Natural Rights.

My conditional acceptance of your offer to the legal fiction 'person' MR XXXXX XXXXX, for services rendered by your company, upon proof of claim of all of the following:

1. Upon proof of claim that I am a person, and not a human being.
2. Upon proof of claim that you know what a 'person' actually is, in legal terms.
3. Upon proof of claim that you know the difference between a 'human being' and a 'person', legally speaking.
4. Upon proof of claim that you know the difference between 'legal' and a 'lawful'.
5. Upon proof of claim that I am the legal fiction 'person' MR XXXXX XXXXX, being the entity to which your paperwork was addressed, and not xxxxx-xxxxxxxxx: of the xxxxx family, as commonly called.
6. Upon proof of claim that the charge was the result of a lawful investigation unmarred by prejudice.
7. Upon proof of claim that we are members of the society whose statutes and subsisting regulations you are enforcing. Of which you have not even bothered to state in your notice, not that it matters.
8. Upon proof of claim that there is a nameable society that we belong to and that the laws covered within any alleged transgressions state that they apply to us within that named society.

Failure to accept this offer to clarify and to do so completely, in substance and in good faith within 5 (five) days will be deemed by all parties to mean you and your principal or other parties abandon all demands upon us.

To further clarify this I state that under no uncertain terms is xxxxxxxx to pass any alleged ‘debt’ onto a 3rd party collection agent to the detriment of my credit rating. Any attempt to do so will most assuredly meet with a legal proceedings being filed against your company for damages to my person and standing.

19th March 2010 SECOND NOTICE

Regarding: Your Failure to Refute a Lawful Notice, Reference XXXXXXX.

Notice of Discharge of Demand.
Notice to Principal is Notice to Agent; Notice to Agent is Notice to Principal.

Company details

Dear Sirs,

I refer to your continued communications being addressed to the artificial and public entity named MR XXXXX XXXXXXXXX XXXXX of which I am lawfully entitled to act as the 3rd party agent on its behalf. At no point have I relinquished or consented to jurisdiction of any liability to my person. 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.

You have failed to respond in substance and have now dishonoured my lawful notice dated the 12th of March which addressed your ‘Damage Dispute’ concerns. You attempted to apply a ‘charge for payment’ upon my person, this would have been an unlawful action as any lawful charge or fine requires a judicial order to assign liability on completion of an unbiased investigation. I even allowed your company two days in leeway to allow for any postal issues.

My generous, time-limited, offer of conditional acceptance upon your offer to the legal fiction 'person' MR XXXXX XXXXX, for services rendered by your company, has now been withdrawn.

I further must raise a concern of my own to avoid any possible future misunderstanding; in a letter addressed to the legal fiction MR XXXXX XXXXX on the 12th March 2010, it made an assertion I had a ‘claim’ requiring the appointment of a solicitor? I was deeply offended at this; I am of sound mind and body with a more than adequate grasp of the legal consequences resulting from this matter. Anyone with a modicum of sense knows that in surrendering responsibility to legal representation is the admission of an incompetent citizen of which I most certainly am not. Any business you have had with me is complete; any concern over liability in your hire costs etc is unfounded as the 3rd party insurer has accepted liability. Your business with my insurer, XXXXXX XXXX, is your own and at this points none of my concern.

In 5 (five) days I will take your lack of any substantive reply of my notice of the 12th of March 2010 to mean that all parties to mean you and your principal or other parties abandon all demands upon us. The matter will be closed without any recourse to legal proceedings as you will have failed to refute my lawful affidavit.

Again I will reiterate that under no uncertain terms is xxxxxxxxx to pass any alleged ‘debt’ onto a 3rd party collection agent to the detriment of my credit rating. Any attempt to do so will most assuredly meet with a legal proceedings being filed against your company for damages to my person and standing. I will be paying close attention.

This has been sent recorded delivery.
30th March 2010 THIRD NOTICE

Regarding: Your Fault in Replies Of No Substance To Lawful Notice, Reference XXXXXXX.

Final Notice of Estopple.
Do Not Ignore This Notice.

Notice to Principal is Notice to Agent; Notice to Agent is Notice to Principal.

Company details

Dear Sirs,

I refer to your continued communications being addressed to the artificial and public entity named MR XXXXX XXXXXXXXX XXXXX of which I am lawfully entitled to act as the 3rd party agent on its behalf. At no point have I relinquished or consented to jurisdiction of any liability to my person. 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.

This is to include financial details for any future payment of funds and details held on bank accounts or credit/debit cards. I am claiming my right as stated within the data protection Act 1998, to prevent processing as outlined in section 10 part 1a. Failure to acknowledge and comply with this by your company is an offence under the stated Act.

Anyone can ask a data controller not to process information relating to him or her that causes substantial unwarranted damage or distress to them or anyone else. I state for the record that your companies continued use is causing me great distress as the end result would be unwarranted damage to My Self. Should you ignore this point of law you will be subject to action taken by My Self upon your company and don’t even think I need a court to accomplish this.

A lien or claim, under commercial law, can only be satisfied by one of the following actions: A full rebuttal by an Affidavit of Truth, point-by-point, supported by evidence and sworn or affirmed at the same level of commercial risk; the satisfaction of the claimant, whether by payment or mutual agreement; resolution by a jury, in accordance with the rules of common law. See Gen. 2-3; Matt 4; Revelation. Legal maxim: If the plaintiff does not prove his case, the defendant is absolved.
Your company has failed in its obligation to do the above.

I have not lightly served this series of Notices. You have not rebutted them, not one point, ignoring them has put your company in dishonour before the law. You recently sent me a copy of your terms and conditions and I was rather amused, at every stage in my dealings with your company I made sure to inform you staff that I was retaining my rights under common-law, this was a legal claim of rights. Your charming little letter quotes that your policy conforms to English Law; do you not understand the difference between lawful and legal? That was in fact one of my conditions towards acceptance, to distinguish between the two.

Let me briefly elaborate; the ‘law’ you are in fact quoting is in fact the legislated rules of society, called statutes, this is in fact the Law Society of which I am not a member. Without a proper contract and my consent this has no authority to subrogate my legal claim of rights, your company has repeatedly failed to do this. Ignorance of the law is no excuse, nor is blind adherence to ‘company policy’. Your company from the outset has not followed due process in any legal fashion, your dealings where arrogant, presumptive and attempted to violate my legal claim of right.

Somebody in you company should have been paying closer attention or perhaps you have an issue with your training or perhaps your company procedures are inadequate.

Bouvier’s Maxims in Law

Ei incumbit probatio qui dicit, non qui negat. The burden of the proof lies upon him who affirms, not he who denies.
Ipsae legis cupiunt ut jure regantur. The laws themselves require that they should be governed by right.
Qui tacet consentire videtur. He who is silent appears to consent.
Actus Dei nemini facit injuriam. The act of God does no injury; that is, no one is responsible for inevitable accidents. See Act of God.
Actus me invito factus, non est meus actus. An act done by me against my will, is not my act.
Aequitas agit in personam. Equity acts upon the person.
Id quod nostrum est, sine facto nostro ad alium transferi non potest. What belongs to us cannot be transferred to another without our consent.
Ejus est non nolle, qui potest velle. He who may consent tacitly, may consent expressly.
Invito beneficium non datur. No one is obliged to accept a benefit against his consent. But if he does not dissent he will be considered as assenting. Vide Assent.
Expressa nocent, non expressa non nocent. Things expressed may be prejudicial; things not expressed are not.

In summation I will state:

It is My Understanding that it was lawful for me to send you the previous Notice.
It is My Understanding that I could and did provide, within that Notice, time for objections to be resolved honourably on both sides.
It is My Understanding that it is lawful for me to assume that, since you have not responded in substance (to the best of my knowledge) I have your tacit consent (by acquiescence) to the statements I made/Proofs I requested in the Notices dated 12th and 19th March 2010 which now stand as My Truth, in Law.
It is My Understanding that it is now possible for me to assume that, since the proper time for your objections has expired, I have gained a lawful estoppel by your acquiescence.
It is My Understanding that I have acted in honour at all times, since you have not objected to what I said.
It is My Understanding that it is now possible for me to point out that you must henceforth cease and desist from all and any activity regarding this current matter, or that any further communications from you will be considered to be unlawful harassment, and can be disregarded by My Self without dishonour. As per the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

Again I will reiterate that under no uncertain terms is xxxxxxxxx to pass any alleged ‘debt’ onto a 3rd party collection agent to the detriment of my credit rating. Any attempt to do so will most assuredly meet with a legal proceedings being filed against your company for damages to my person and standing. I will be paying close attention.

This has been sent recorded delivery.




In other words FUCK OFF.

[iknowmyrights]

Treeman this is genius! Love it!


Im gonna edit it and have a play!

In terms of the FREE MAN I am a man arent I, even though Im a woman, i still put Free Man etc.....?

Would love to hear other stories where people have used these and success!



Peace

[iknowmyrights]

I think also after reading the success stories of the banks, loans etc

The Conditioal acceptance was the most successful, as tecnically you are never refusing to pay...So there is no case in court, Not that it should ever get that far.

We of course know that the money they are asking back off of us, is not theirs, and they we infact helped them to create it in to existance, however these above letters/templates when you start charging them also gets their backs up. And then the fear steps in, as there is no contract and they have no lawful standing, so the threats follow.....

County court etc...bailiffs, etc...

But I am thoroughly prepared this time! And anyone thinking of doing this should be prepared also, before taking on and bliindly sending these letters.

Study, Research, Prepare yourself, and focus on the outcome you want!I learnt the hard way, but then the Banking System is here to punish the people, and enslave them, not help them!

I say take the power back! do what Treeman has done! As soon as these are out of the way, Im back to good old fashioned Exchange of Services and Cash Only. CLOSE YOUR BANK ACCOUNT. Just leave it. Stop feeding them

NO MORE BANKS!!!

[treeman]

Treeman this is genius! Love it!


Im gonna edit it and have a play!

In terms of the FREE MAN I am a man arent I, even though Im a woman, i still put Free Man etc.....?

Would love to hear other stories where people have used these and success!



Peace

It is my understanding that in the past, women were described as wombman, a man with a womb, hence where the word woman derives from. So you are a freeman, but with a womb, I may be wrong so all lady libbers out there dont beat me up about it. It would be interesting to investigate the source though.

[pedawson]

As I understand it 'MAN' is the species and we are all MAN.

We all have a womb but in men it is not developed women have balls but they are not developed. We all have the same organs but in men some are more developed than in women.
Just as a side note, the final stages in gestation the development for males STOPS at the point the brain is developing certain functions - this is so the genitals (twig and berries) are formed. Once formed the brain gets the attention back. So in a way women have an advantage over men in that their brain development does not stop to develop the sex organs. Read into that what you will but it is what it is.
Men are more concerned with their 'twig and berries' than they are with their brains - Go figure.

Namaste, rev;

[darrell4165]

As I understand it 'MAN' is the species and we are all MAN.

We all have a womb but in men it is not developed women have balls but they are not developed. We all have the same organs but in men some are more developed than in women.
Just as a side note, the final stages in gestation the development for males STOPS at the point the brain is developing certain functions - this is so the genitals (twig and berries) are formed. Once formed the brain gets the attention back. So in a way women have an advantage over men in that their brain development does not stop to develop the sex organs. Read into that what you will but it is what it is.
Men are more concerned with their 'twig and berries' than they are with their brains - Go figure.

Namaste, rev;

lol youve just cheered me up lol that is so cool lol

[alex71]

How are you getting on with this??

I ask i have dealt with the dodgy barclays before on behalf of my partner...... add your fee schedule, i did and they sent a letter saying they wont pay, so i sent one back and suggested the seek lawful advice, 2 weeks later a cheque turned up, not for 100% of the invoice but it had a note saying they dont pay people to sort out their affairs, yet i received a cheque.
a few weeks later and an envelope hit the mat it was a barclay card platinum credit account with the sum outstanding, the very same as what was from the original debt from the original creditor (nothing to do with BCARD)........ so what they've done is bought a debt and opened up a CREDIT card account to place the debt in, they then used the 'right to set off' to remove money from my partners account WITHOUT informing her..... i went to the bank shouting theft etc, i tried to report it to the police as theft but they said its not theft, even after having 5 of them on charges of 'negligence of duty'. my local police man and magistrate that lives in my village also said it was theft!!!!! yet the old bill refuse to report it.
to get the credit card account to put the debt in they have broken their own law, they have opened up a line of credit, personal details etc etc without a siginture. thats fraud deception etc.

i managed after sometime threatening the police, they agreed to send it to the serious crime dept, who a few weeks later phoned me and the knob head told me these bank are huge and are worth millions so they can do what they are doing and was the end of that road.
most of this is on another forum(if still there) and would gladly share anything i have if it helps you in anyway.
i also when referring to them or barclay card i use the ''person'' when referring to their company back at them, it helps them understand what the word person means.

best of luck

Alex

hope it make sense im late going out and typed in a rush.

[squark]

Hang on a minute.....look at the letter in your first post here......title...Notice of Discharge of Outstanding Demand and Request for Clarification.......you need clarification before you understand and understanding before you can consider and then you may find fault and negotiate and then talk about discharging.....see what I mean...you can't make any comment on anything before you are CLEAR in you mind! So Notice for request for clarification comes first....thats bought you a couple of weeks. (It has stopped dead the local council and their voting register forms so hopefully no council tax bill as no name on the register! Veronica suggested a right to silence. I looked at the form and thought What the F++K is this, so wrote to ask just that...no reply!)

What else is wrong...you claim theres a time limit for their response but you don't say what it is!

You ask if there has been a lawful investigation? Thats for crimes! You are talking about a contract between you and the bank! You should be looking at the legality/lawfulness of the "contract"

Upon proof of claim that I am a member of the society whose statutes and subsisting regulations you are enforcing.......same point here, they are not the cops enforcing a statute...its a bank loan agreement

10/10 for having the balls (or ovaries) to try. 1/10 for practical application (getting your address right.) OK 2/10 you did the date too.

[iknowmyrights]

Thank you Squark,

I see what your saying here....

No wonder they are coming back at me with Legal Jargon. Theyve actually refused to accept any more letters or comminucation from me whatsoever. And say that my letters have no legal/or lawful standing, and the balance is still owed. lol

I see why

Would you reccommend any other Conditional Acceptance Letter Templates at all? Or any that have ben proved successful i woyld love to hear from them

Many Thanks for your thoughts guys