Dear Sir/Madam Notice to Principal is Notice to Agent; Notice to Agent is Notice to Principal. I am responding to the notice you sent to the legal fiction MR JOHN SMITH In respect of your notice of …., Notice is hereby given that your claims are insufficient and are hereby refused for cause, without dishonour, due to the fact that you have presented no evidence of your capacity as either: a) A bona fide party to any contract in which I am also a party; or b) An agent of a bona fide party to any contract in which I am also a party; or A holder in due course of any debt to which I am obligated. d) Evidence of the validity of the original alleged contract. 1. Your Third Party Status Third parties have no legal standing in any matter between the above named party and XXXBANK, therefore I nor the above named party will deal with any third parties. XXXXBANK have been made aware that under CCA 1974 Section 174 “No information obtained or by virtue of this act about any individual shall be disclosed without his consent.” I nor the above named party have given consent and any implied consent has been withdrawn by recorded delivery. Further any agreement cites which claims to allow the sale or passing on of any “debt” or refer the account to third parties has not been show to be valid, and even if it, these supposed have revoked by novation. In addition the above account is “In Dispute”. Thus XXXBANK a)may not demand payment on this account. b)may not pass this account to any third party (which would be a contravention of the Data Protection Act and against explicit revocation of any such term in any agreement between the above parties if valid). c)may not register any information in respect of this account with any credit agencies. d)may not issue a default notice related to this account. I nor the above named party DID NOT and DO NOT give you permission to interfere with my commercial affairs and so will decline any further communication regarding any alleged debt. 2. Harassment I hereby formally notify you that any further contact including, but not limited to, letters, phone calls or personal visits from you or any other third parties will be treated as further harassment and extortion and will dealt with accordingly. I demand that phone calls stop immediately. I am familiar with the terms of : Section 40 of the Administration of Justice Act 1970, the Protection from Harassment Act 1970 Freedom from Harassment Act 1999 and your harassment places you in breach of these acts. If you continue to call, you will also be in breach of the Wireless Telegraphy Act 1949 and, as such, I am now reporting you to both Trading Standards and The Office of Fair Trading. Take further note that continued telephone calls after the receipt of a request not to call will also constitute a criminal offence under Section 127 of the Communications Act 2003. You will be deemed to have been served notice of my request and I will deem it served by XXXXX [3 days later] as this is being sent by recorded delivery. I am advising you that in addition to the fact that all calls to date have been recorded and logged, any calls received after this date will be also recorded to be used as evidence. 3. Contract for Consulting Services Should you continue in your attempts to contact me by telephone after your receipt of this recorded delivery letter, I will invoice your firm £100 for each call you make to me, to pay for my time in explaining again what you already have on file and in this letter. As I have caller display I may choose to answer or not but if your number is logged on my phone you will still incur the charge even if no conversation takes place. Continuation of calls after delivery of this letter will be taken as your consent and agreement to allow me to charge you £100 per phone call (answered or not) and you agree to be billed and pay me accordingly. Regarding any threat that you will be instructing a local debt collector to visit you at the above address to collect payment, please note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). I would advise you to therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. The above address has 24 hour recorded CCTV. 4. Breach of Data Protection Act – Claim for £750 and Deletion of Data Your possession of any of my personal details without my permission and without my having any contractual or other relationship with myself or the above named party is unauthorised and in breach of the Data Protection Act. hereby thus formally charge you with breach and contravention of the Data Protection Act 1974 and am claiming compensation accordingly. 5. Directors Liability I would advise your directors that they are personally liable for compliance with the Data Protection Act. Further they are personally currently in breach of employment law. By telling your call-centre staff to continue to telephone me when they know this to be in breach of the harassment and wireless telegraphy laws, qualifies as inducing an innocent person to commit an offence. Should such a charge be proven, then would be in breach of their duty of care to employees and they personally may also find themselves in breach of the law by virtue of the fact that they know these activities to be contrary to the said laws. ACTION REQUIRED You are required to make the following remedy within 10 days: a)Compensation payment of £750 - payable to myself by cheque at the above address breach b)Confirm by recorded delivery letter that all records pertaining to myself or the above named party have been destroyed c)Confirmation that no other data will be passed to any third parties d)Advise (XXX Lending Institution) that your file is closed Further apart from the above confirmation letter and payment you are instructed to NOT CONTACT me again by any means and inform all relevant staff of this fact. Should you not make this remedy within the above timeframe I will report your companies and individuals criminal breaches of the above acts to the police issue proceedings in the Small Claims Court against the company and the directors individually WITHOUT PREJUDICE Name: Family Name
Posted on: Thu, 04 Sep 2014 09:16:08 +0000
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