The Three Letter Process
What is the 3 Letter Process?
This process is a simple "put up or shut up". Supply the requested documents or I will consider this matter closed. You give them 14 days between letters and if they don't provide the requested documents they agree by inaction that you don't owe them any money. A tacit agreement.
Someone said I can replace the 3 letters with One Letter!
The 3 letter process is one that establishes that no debt is owed LEGALLY. To do this, you must give the Debt Buyer the opportunity to provide the documents that would make the purchase of the debt LEGAL. If you just send a single letter, this would not establish much, just that you are disputing the debt. By disputing and asking them 3 times to supply the documents, and giving them 14 days between letters, they are given every opportunity to supply the necessary documents to show the debt is owed. When they cannot or will not provide them, the 3 letters then forms a legal defence to any court action the Debt Buyer may take in the future. So if the matter ever got taken to court:
How does it work?
When a debt is passed on or sold, there are certain things that a company must do to legally move your account from one place to another. However, as we have found, this usually doesn't happen and debts can easily be written off because the companies that buy and sell debt rarely follow the rules correctly. In EVERY case we have encountered so far, NONE have been able to produce a correctly formatted DEED OF ASSIGNMENT. We may encounter one one day, but so far, they are not following the rules.
THIINK about it!
If I sent you a "notice" that you owed me money and you said "ok, send me PROOF that you own the debt and I will pay".
If I REFUSED to show you PROOF, I doubt you would pay me!
So what makes them a SPECIAL CASE?
You can send additional copies by Email and to other addresses, but the letters should be signed for and PROOF be obtained and recorded.
Once completed the letters should be kept as evidence for any future court case,
should the debt ever be chased using the court.
If the Debt Purchase Company cannot provide what you have requested, they can only respond in a limited number of ways;
Replying to you with a new account balance of £0.00
Replying to you stating they don't accept your letters.
Informing you they are returning the account to the original owner.
Replying to you stating they will continue recovery action.
Who can you send these letters to?
You can use the 3 letter process on any debt that has been bought or sold. When a Debt Purchase Company first makes contact with you, they will usually tell you if they have bought your debt or been "assigned" it.
Companies like Lowell Portfolio 1 Ltd, Cabot's and PRA Group are Debt Purchase Companies and you can use these letters on all accounts with these companies.
When will this process NOT work?
These letters will not work on the DWP, HMRC, Court Fines (HMCTS) or Bailiffs. Nor will these letters work on any account that is still with the original creditor.
The three letter process is extremely effective against debts that have been purchased. Changes in the law make it unlikely that the debt buyer has complied fully with the laws required to purchase a debt. Whether they "work" is subjective, if the company ignores the letters, you and you can prove you sent them, you will have a good case in court if the debt is ever brought to the UK Civil Courts.
Once you have sent ALL 3 Letters with DPA Notice and Cease and Desist Notice, what you have done is created a tacit agreement with the company that you do not owe them any money. You have give them ample opportunity to provide the proof if it existed. So keep copies of letters and proof they were received in case the company ever brings the matter to court.
The 3 letters form the basis of your defence.
THERE ARE NO EXCUSES,
IF THEY DO NOT PROVIDE THE DOCUMENTS REQUESTED,
THEY ARE ADMITTING YOU OWE NOTHING.
In many cases the company will say "we sent you a 'Notice of Assignment' and the 'Deed of Assignment' is privileged" so you can't have it. Well this double talk for simply saying "we have an Assignment, but it doesn't meet the legal criteria for a Deed of Assignment." You can read more about this on our DEBT BUYERS COURT PAGE.
To be in with the best chances of success, NEVER send the letters just by email. You can copy the contents into an email for evidence that the Debt Buyer has received it but the main letters should be served as physical letters.
What do the Legal Phrases mean?
Notice to Agent is Notice to Principal - This bit is to inform them that if it is an agent of the debt buyer who gets the letter, they have to tell the principal (the actual debt buyer).
Errors and omissions excepted (E&OE) - is a phrase used in an attempt to reduce legal liability for potentially incorrect or incomplete information supplied in a contractually related document such as a quotation or specification.
All rights reserved - is a copyright formality indicating that the copyright holder reserves, or holds for its own use, all the rights provided by copyright law. Originating in the Buenos Aires Convention of 1910.
Non Assumpsit - is a Latin tern which means he did not undertake. It is an archaic pleading form of a general denial in an action of assumpsit. It is a form of pleading in which the defendant claims that s/he did not undertake or promise any obligation in the manner or form set forth in the plaintiff's complaint.
Calls may be recorded - (just like they say) we can record their phone calls.
How to send the letters...
You should, ideally, send the letters by 1st class Recorded Delivery and once delivered, you should print and keep the receipt that is sent to you confirming the delivery. You should be able to go online and print a copy of the recipients signature. All of these documents will form part of your defence if you ever get summoned to court.
But Recorded Delivery is Expensive!
The key thing is to prove that the company received the 3 letters. So if they respond, this is evidence they got the letter. You can post the letters first class normal delivery and ask the Post Office for PROOF of postage. This doesn't cost any extra. You can also EMAIL a copy of the letter to the company so they cannot say they haven't received it.
The key thing is to have PROOF that they received the letters.
7 GOLDEN RULES
Send paper copies (you can email as extra proof you have sent them). If you have no printer, try a local library or college. Or even hand write them.
Keep a copy of each notice you send to a particular company
Send to a CEO/ Director at their registered address - Not a PO Box
Sign in blue ink to help negate the possibility of a fraudulent debt collector "lifting" your signature and preparing false documents
Send the letters through recorded delivery. Keep the tracking receipts in a safe place along with the other related material and mark each one with the account number it represents
Use the royal mail tracking site to print out the signature of the person who received and signed for the notices. Attach them to the tracking receipts and copies.
Keep a record of all their attempts to phone text email or turn up on your doorstep. It doesn't matter whether you answered/ responded to them or not. What is important is to collate evidence of their harassment after you have sent them the Cease & Desist Notice (included within the templates.
Any response to the letters is good evidence in court.
THIS IS HUGE!
Make an unaffordable lending complaint to the ORIGINAL CREDITOR (if you borrowed money). If they can't prove they did the LEGAL steps to make sure the loan was affordable, they have to refund the interest!
You can do this AS WELL as the 3 letter process to the debt buyer.
Letter 1
Letter 1 has 3 pages. The Notice of Conditional Acceptance, The Vulnerable Person Notification and a Subject Access Request under GDPR.
It is highly recommended that you send ALL 3 pages, as any one of these pages can cause the debt buyer to close the account and set your balance to ZERO!
Letter 1 - Page 1 - Notice of Conditional Acceptance
Include any Parts in BLACK in the letters - Replace any parts in RED
[YOUR ADDRESS & POSTCODE]
[DATE IN FULL]
[DEBT BUYERS NAME ADDRESS & POSTCODE]
NOTICE OF CONDITIONAL ACCEPTANCE
Reference Number: [LIST ALL THEIR REFERENCE NUMBERS HERE - DON'T PUT ANY THAT HAVE A CCJ]
Dear [PERSON WHO WROTE TO YOU OR COMPANY NAME],
[Thank you for your recent contact dated [DATE IN FULL] , the contents of which I note, but do not accept. DEL LINE IF NO LETTER]
First of all, I would like to point out that I do not accept any unilateral terms and conditions, deadlines, or charges outlined in your correspondence.
I hereby request that communication from this point forward be made in writing only, and that you do not attempt to contact me by any other method
For the avoidance of doubt, this letter does not constitute a complaint, and should not be treated as one.
I wish to confirm that your claim against me is lawful. I therefore request that you provide evidence of my liability. I am happy to effect payment upon receipt of the following documents:
1) The original instrument of indebtedness, or proof that said instrument still exists;
2) If this is an assignment of a legal thing in action under the Law of Property Act 1925, a copy of the Sale Agreement between the Original Creditor and your company, sometimes referred to as a 'debt sale agreement' and known formally as a Deed of Assignment (not a notice of assignment). This should be granted by the Assignor in compliance with Section 44 of the Companies Act 2006 if not is solemn Deed format. Where more than one assignment is claimed, you will need to provide a valid Deed of Assignment for each alleged assignment. You may well refer to the Deed of Assignment as a 'debt sale agreement' or other similar title. You are required to have this to be compliant with Section 136 of the Law of Property Act 1925 and failure to provide it will be viewed as and admission that you are not complaint with Section 136 of the Law of Property Act 1925;
3) All notices of assignment;
4) The default warning letter;
5) The default notice;
6) Termination Notice;
7) Please state if you are relying on a Legal or an Equitable Assignment in this case and if claiming Legal assignment, how you intend to demonstrate compliance with the THREE elements of Legal Assignment:
See; [Jones v Link Financial Ltd (2013) ] 1 WLR 693 Where it was found that three conditions for the validity of a LEGAL assignment must be satisfied, 'namely': that the assignment was absolute and not by way of charge; that it was in writing under the hand of the assignor, and that express notice in writing had been given to the debtor;
8) Any exception you are relying in relation to the Common Law Doctrine of Privity of Contract.
On and for the record, I am willing to accept redacted copies of any documents that may contain sensitive commercial data or personal details of other clients providing that evidence relating to myself is apparent.
See: [Van Lynn Developments v Pelias Construction Co Ltd [1969] 1 QB 607] - Where Lord Denning MR said: 'After receiving the notice, the debtor will be entitled, of course, to require a sight of the assignment so as to be satisfied that it is valid, and that the assignee can give him a good discharge.';
And: [Hancock v Promontoria (Chestnut) Ltd [2020] EWCA Civ 907] - In this case, the court held that the redacted deed of assignment did not provide the necessary information to establish the terms of the assignment, the identity of the parties involved, or the legal rights and obligations of the parties. The court therefore concluded that the claimant had not provided sufficient evidence of the assignment to establish their legal right to enforce the debt.
If you have Legally purchased a debt, there will be some proof of this in writing. As the Supreme court has said, I am entitled to view the sale agreement to see if you the Assignee can give good discharge, this known as - DUE DILIGENCE. If there is no sale agreement, the alleged debt to the original creditor would not be paid by me paying your company. If you are not willing or able to provide this document, please confirm how you intend to demonstrate that your assignment is compliant with:
Section 44 of the Companies Act 2006,
The Regulatory Reform (Execution of Deeds and Documents) Order 2005 (S.I. 2005/1906), arts. 1(1),3,and;
Section 136 of the Law of Property Act 1925. "absolute assignment by writing under the hand of the assignor"
Should you not be in possession of any of the aforementioned documents then you will be deemed to be party to a fraudulent act and I reserve the right to seek full recourse through the courts of law. Be aware that any default registered prior to this matter being resolved will be disputed.
I also hereby decline any offer to contract with your company, except when subject to the terms mentioned herein.
Finally, for the avoidance of any doubt, please note that, whilst I will always endeavour to meet all my financial obligations, I do not acknowledge any of the terms, conditions or time frames that you have set out in your correspondence. Any claims made against me based on your terms and conditions will be defended.
Due to the urgency and seriousness of this allegation, I will give you fourteen (14) days to respond. Do not attempt contact me by telephone or text, I require your response in written format.
Without malice or mischief, in sincerity and honour.
Yours sincerely
[YOUR FULL NAME - NO SIGNATURE IS REQUIRED]
You can add a FEE SCHEDULE to the letters
(just above the signature section if you intend to invoice them for your time):
FEE SCHEDULE
Any invalid claims against myself and/or attempting to contact me by mail, mobile phone and/or telephone will constitute the agreement of your company or any agent to the following Fee Schedule:
£1000 (ONE THOUSAND POUNDS STERLING) per invalid claim in writing, nunc pro tunc,
£35.00 (THIRTY FIVE POUNDS STERLING) per letter and/or notice sent by recorded mail, nunc pro tunc,
£150.00 (ONE HUNDRED AND FIFTY POUNDS STERLING) per hour or portion thereof, of the Authorised Representative’s time, nunc pro tunc,
£30.00 (THIRTY POUNDS STERLING) per attempt to contact by telephone and/or mobile phone, nunc pro tunc.
£150.00 (ONE HUNDRED AND FIFTY POUNDS STERLING) per unauthorised door-step visit, nunc pro tunc.
All fees are payable in Twenty One (21) days of date of invoice is received, as evidenced by recorded delivery tracking number.
Notice to Agent is Notice to Principal – Notice to Principal is Notice to Agent
Letter 1 - Page 2
If you are Vulnerable, It is highly recommend that you send this to a
debt buyer as Page 2 of the first Letter of the Three Letter Process.
Debt buyers have been known to close accounts after receiving this letter on its own!
Why not try this by telephone?
Vulnerable Notification
[YOUR ADDRESS]
[DEBT BUYER COMPANY NAME & ADDRESS & POSTCODE]
[DATE]
Account Number: [THEIR ACCOUNT NUMBER]
Dear Sir/Madam
I am writing to tell you that I am getting advice from a leading debt charity on dealing with my financial situation and choosing the right debt solution for me.
[Delete if not sending summary I enclose a copy of my budget which gives details of my present financial circumstances. ]
I currently get around [£-INCOME] per month (sometimes less due to my Income being based on commission) and my outgoings currently stand at [£-OUTGOINGS] . There is no flexibility with reducing my outgoings and this is the very bare minimum that I've been paying. As you can see, my outgoings are more than my income and I am experiencing extreme financial hardship.
I would be very grateful if you would consider writing off the outstanding debt owing. I have always taken my financial responsibilities very seriously but unfortunately, my circumstances are so bad that I cannot realistically maintain payments of any kind. Please take the following special information into account when making your decision.
[Include a paragraph outlining the special circumstances you have that you want the creditor to take into account such as illness, disability, age or bereavement. Include evidence of any medical condition if possible, or supporting evidence from a doctor, social worker, mental health professional and so on. Also include information about why your financial situation is unlikely to improve.]
As you can see my situation is very unlikely to improve in the future and my continued high debt level may have a serious effect on my physical and mental wellbeing.
I would be grateful if you would seriously consider my request to write off the debt.
I look forward to hearing from you.
Yours faithfully
[YOUR FULL NAME - NO SIGNATURE IS REQUIRED]
Letter 1 - Page 3
(Under GDPR 2018 they must give you ALL the information
they hold on you when you as for it. This has been used to
show in many instances that no debt it owed.
They will ask for a Photo I.D, and proof of address if you include this page)
HIGHLY RECOMMENDED!
Subject Access Request under GDPR
[YOUR ADDRESS]
[DEBT BUYERS COMPANY NAME & ADDRESS & POSTCODE]
[DATE]
Account Number: [THEIR ACCOUNT NUMBER]
GDPR - DPA 2018 Subject Access Request
Dear Sir or Madam,
I am writing to formally make a 'Subject Access Request' for a copy of information that you hold about me which I am entitled under the General Data Protection Regulation 2018.
You can identify my records using the following information:
Full name: [YOUR FULL NAME]
Address: [YOUR FULL ADDRESS]
Please supply me the data about me that I am entitled to under the data protection law including:
confirmation that you are processing my personal data;
a copy of all my personal data - which must include the sales file data sheet and any sale agreements in relation to all accounts your Corporation holds;
the purposes of your processing;
the categories of personal data concerned;
the recipients or categories of recipient you disclose my personal data to;
your retention period for storing my personal data or, where this is not possible, your criteria for determining how long you will store it;
Confirmation of the existence of my right to request rectification, erasure or restriction or to object to such processing;
confirmation of my right to lodge a complaint with the ICO or another supervisory authority;
information about the source of the data, where it was not obtained directly from me;
the existence of any automated decision-making (including profiling); and
the safeguards you provide if you transfer my personal data to a third country or international organisation.
please provide the mapping management process involved in the data usage;
include the regulatory compliance process used to ensure sufficient governance is in place ;
include the the same for any third parties you provide access to my data;
include what your legal reason for holding such data, and any data you do not have a legal reason to hold, please delete and provide necessary regulatory requirements to evidence the deletion of said data.
I look forward to receiving your response to this request for data within one calendar month, per the General Data Protection Regulation. If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member.
Yours Sincerely,
[YOUR FULL NAME - NO SIGNATURE IS REQUIRED]
You could send them the I.D. pages with letter 2 to speed up their compliance to the Subject Access Request.
They have 30 days to comply with this unless they advise you it will take longer. Maximum by law is 90 days.
If after 14 days you haven't received a £0 balance,
or you've received any other response from the debt buyer,
Send Letter 2.
Add your reference number along with the name of the person who wrote to you or the CEO's name. Then insert the date of their last letter to you as shown here. If they haven't replied to your first letter, you can delete the first paragraph that reads "Thank you for your recent contact..."
You will also need to add the date you sent the first letter.
Letter 2
Notice of Non Response
[YOUR ADDRESS & POSTCODE]
[DATE IN FULL]
[DEBT BUYERS NAME ADDRESS & POSTCODE]
NOTICE OF NON-RESPONSE
Reference Number: [THEIR REFERENCE NUMBERS HERE - DON'T PUT ANY THAT HAVE A CCJ]
Dear [PERSON WHO WROTE TO YOU OR COMPANY NAME],
This is a legal notice. Please read it carefully as it means what it says. If you fail to comply with this notice, then you will be deemed to be in agreement to my fee schedule outlined below. DO NOT IGNORE IT.
[Thank you for your recent contact dated [DATE OF THEIR LETTTER IN FULL] , the contents of which I note, but do not accept. DEL LINE IF NO LETTER]
I wish to deal with this matter in honour. This is a Notice of Non-Response informing you that you are in dishonour. This notice is in reference to a Notice of Conditional Acceptance sent via recorded delivery to you, dated [DATE IN FULL], regarding a potential liability for [££what they say you owe!££]. You were requested to send certain documentation so as to validate and verify your claims against me. To date, you have failed to adequately respond or have ignored the contents of that letter. This has resulted in the assumption that you do not have any valid claim and that there is no debt lawfully owed by me to your company.
I wish however to offer you another opportunity to substantiate your claims by forwarding the following documentation:
1) The original instrument of indebtedness, or proof that said instrument still exists;
2) If this is an assignment of a legal thing in action under the Law of Property Act 1925, a copy of the Sale Agreement between the Original Creditor and your company, sometimes called a 'debt sale agreement' and known formally as a Deed of Assignment (not a notice of assignment). This should be granted by the Assignor in compliance with Section 44 of the Companies Act 2006 if not is solemn Deed format. Where more than one assignment is claimed, you will need to provide a valid Deed of Assignment for each alleged assignment. You may well refer to the Deed of Assignment as a 'debt sale agreement' or other similar title. You are required to have this to be compliant with Section 136 of the Law of Property Act 1925 and failure to provide it will be viewed as and admission that you are not complaint with Section 136 of the Law of Property Act 1925;
3) All notices of assignment;
4) The default warning letter;
5) The default notice;
6) Termination Notice;
7) Please state if you are relying on a Legal or an Equitable Assignment in this case and if claiming Legal assignment, how you intend to demonstrate compliance with the THREE elements of Legal Assignment:
See; [Jones v Link Financial Ltd (2013) ] 1 WLR 693 Where it was found that three conditions for the validity of a LEGAL assignment must be satisfied, 'namely': that the assignment was absolute and not by way of charge; that it was in writing under the hand of the assignor, and that express notice in writing had been given to the debtor;
8) Any exception you are relying in relation to the Common Law Doctrine of Privity of Contract.
In addition, as you have so far failed to substantiate your alleged claim I now also request the following information, to satisfy myself as to the legitimacy of your company:
1. Your registration details with The Financial Conduct Authority including FCA credit number and restrictions;
2. Your registration details with The Information Commissioners Office;
3. Your Public Liability Insurance details;
4. Your registration details with any other regulatory bodies.
As previously stated, I am willing to accept redacted copies of any documents that may contain sensitive commercial data or personal details of other clients providing that evidence relating to myself is apparent.
See: [Van Lynn Developments v Pelias Construction Co Ltd [1969] 1 QB 607] - Where Lord Denning MR said: 'After receiving the notice, the debtor will be entitled, of course, to require a sight of the assignment so as to be satisfied that it is valid, and that the assignee can give him a good discharge.';
And: [Hancock v Promontoria (Chestnut) Ltd [2020] EWCA Civ 907] - In this case, the court held that the redacted deed of assignment did not provide the necessary information to establish the terms of the assignment, the identity of the parties involved, or the legal rights and obligations of the parties. The court therefore concluded that the claimant had not provided sufficient evidence of the assignment to establish their legal right to enforce the debt.
Should you not be in possession of any of the aforementioned documents, you will be deemed to be party to a fraudulent act and I reserve the right to seek full recourse through the courts of law. Be aware that any default registered prior to this matter being resolved will be disputed.
I will give you a further fourteen (14) days to respond. Do not attempt contact me by telephone or text, I require your response in a written format.
Without malice or mischief, in sincerity and honour
Yours faithfully,
[YOUR FULL NAME - NO SIGNATURE IS REQUIRED]
FEE SCHEDULE
Any invalid claims against myself and/or attempting to contact me by mail, mobile phone and/or telephone will constitute the agreement of your company or any agent to the following Fee Schedule:
£1000 (ONE THOUSAND POUNDS STERLING) per invalid claim in writing, nunc pro tunc,
£35.00 (THIRTY FIVE POUNDS STERLING) per letter and/or notice sent by recorded mail, nunc pro tunc,
£150.00 (ONE HUNDRED AND FIFTY POUNDS STERLING) per hour or portion thereof, of the Authorised Representative’s time, nunc pro tunc,
£30.00 (THIRTY POUNDS STERLING) per attempt to contact by telephone and/or mobile phone, nunc pro tunc.
£150.00 (ONE HUNDRED AND FIFTY POUNDS STERLING) per unauthorised door-step visit, nunc pro tunc.
All fees are payable in Twenty One (21) days of date of invoice is received, as evidenced by recorded delivery tracking number.
Notice to Agent is Notice to Principal – Notice to Principal is Notice to Agent
Letter 2 - Page 2
For any debt where the lender has extended CREDIT (credit cards, bank loans etc)
(ONLY use this template if the debt is one regulated under the Consumer Credit Act
They must provide you with a copy of the contract within 14 days,
if they cannot, they cannot take the matter to court.
You should send £1 cheque or postal order if including this page)
Template Letter under the Consumer Credit Act 1974
[YOUR ADDRESS & POSTCODE]
[DATE IN FULL]
[DEBT BUYERS NAME ADDRESS & POSTCODE]
Dear Sir/Madam,
Account or Reference Number: [THEIR REFERENCE NUMBERS HERE]
I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).
In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:
a copy of their agreement
copies of some of the other documents mentioned in their agreement
a statement of account
If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
make the debtor pay the debt before they're supposed to
get a court judgment against the debtor
So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.
Yours faithfully,
[YOUR FULL NAME - NO SIGNATURE IS REQUIRED]
Sending your final letter
Once you've received a response from the Debt Buyer, or the 14 days have passed, it's time to wrap everything up with the third letter.
This one involves quite a lot of dates, so have the copies of your previous letters to hand before starting.
Scroll to the bottom of the letter and type your name.
Then, along with a Article 17 GDPR notice and Cease and Desist notice.
Send all 3 documents together via first class recorded delivery.
LETTER 3
Notice of Irrevocable Estoppel
[YOUR ADDRESS & POSTCODE]
[DATE IN FULL]
[DEBT BUYERS NAME ADDRESS & POSTCODE]
NOTICE OF IRREVOCABLE ESTOPPEL
Reference Number: [THEIR REFERENCE NUMBERS HERE - DON'T PUT ANY THAT HAVE A CCJ]
Dear [PERSON WHO WROTE TO YOU OR COMPANY NAME],
With reference to the letters sent to you; dated [DATE IN FULL] (received [DATE IN FULL] ) and [DATE IN FULL] (received [DATE IN FULL] ), all delivered by recorded mail. [IF THEY HAVE NOT SIGNED FOR THE LETTERS - ONLY LIST THE DATE THEY WERE SENT]
In those letters I asked you to provide the following reasonably requested specific items:
1) The original instrument of indebtedness, or proof that said instrument still exists;
2) If this is an assignment of a legal thing in action under the Law of Property Act 1925, a copy of the Sale Agreement between the Original Creditor and your company, sometimes called a 'debt sale agreement' and known formally as a Deed of Assignment (not a notice of assignment). This should be granted by the Assignor in compliance with Section 44 of the Companies Act 2006 if not is solemn Deed format. Where more than one assignment is claimed, you will need to provide a valid Deed of Assignment for each alleged assignment. You may well refer to the Deed of Assignment as a 'debt sale agreement' or other similar title. You are required to have this to be compliant with Section 136 of the Law of Property Act 1925 and failure to provide it will be viewed as and admission that you are not complaint with Section 136 of the Law of Property Act 1925;
See: [Van Lynn Developments v Pelias Construction Co Ltd [1969] 1 QB 607] - Where Lord Denning MR said: 'After receiving the notice, the debtor will be entitled, of course, to require a sight of the assignment so as to be satisfied that it is valid, and that the assignee can give him a good discharge.';
And: [Hancock v Promontoria (Chestnut) Ltd [2020] EWCA Civ 907] - In this case, the court held that the redacted deed of assignment did not provide the necessary information to establish the terms of the assignment, the identity of the parties involved, or the legal rights and obligations of the parties. The court therefore concluded that the claimant had not provided sufficient evidence of the assignment to establish their legal right to enforce the debt.
3) All notices of assignment;
4) The default warning letter;
5) The default notice;
6) Termination Notice;
7) Please state if you are relying on a Legal or an Equitable Assignment in this case and if claiming Legal assignment, how you intend to demonstrate compliance with the THREE elements of Legal Assignment:
See; [Jones v Link Financial Ltd (2013) ] 1 WLR 693 Where it was found that three conditions for the validity of a LEGAL assignment must be satisfied, 'namely': that the assignment was absolute and not by way of charge; that it was in writing under the hand of the assignor, and that express notice in writing had been given to the debtor;
8) Any exception you are relying in relation to the Common Law Doctrine of Privity of Contract.
I hereby serve Notice that your failure to provide Proof of Claim has created a permanent and irrevocable estoppel by acquiescence, forever-more barring your company or any associated companies from bringing any and all claims, legal actions, orders, demands, lawsuits, costs, levies, penalties, damages, interests, liens and expenses whatsoever, against myself.
As you have failed to produce the above documents thus far, it is now my understanding that you are party to a fraudulent act. Therefore, should I receive any similar correspondence from you regarding this matter, I will not be providing a response.
Your failure to prove your company's legitimacy has resulted in the assumption that your claim is fraudulent and that your company is operating unregistered, unlawfully and in breach of industry regulations and a complaint will be lodged with the relevant authorities.
I have enclosed a Notice to Cease and Desist, as well as a Notice exercising my right to prevent the processing of my personal data by your company under the Data Protection Act 2018 and GDPR 2018.
If you still believe the account to be legally due, please forward the above documents along with a full explanation as to the delay in procuring them and I will respond accordingly.
Any other communication outside of this will be deemed to be in breach of the aforementioned and I reserve the right to seek full recourse through the courts of law.
Finally, for the avoidance of any doubt, please note that, whilst I will always endeavour to meet all my financial obligations, I do not acknowledge any of the terms, conditions or time frames that you have set out in your correspondence. As always, I am happy to accept redacted copies of the documents in order to facilitate resolution of this issue. Any claims made against me based on your terms and conditions will be defended.
Without malice or mischief, in sincerity and honour.
Yours sincerely,
[YOUR FULL NAME - NO SIGNATURE IS REQUIRED]
Notice to Agent is Notice to Principal – Notice to Principal is Notice to Agent
Letter 3 - Page 2
(don't include if there is a County Court case ongoing
between you and the debt buying company)
Article 17 & 21 GDPR Notice
[YOUR ADDRESS & POSTCODE]
[DATE IN FULL]
Data Protection Officer
[DEBT BUYERS NAME ADDRESS & POSTCODE]
NOTICE ISSUED PURSUANT TO ARTICLE 17 & ARTICLE 21 OF THE GDPR
I write pursuant to my rights granted under Article 17 and Article 21 of the General Data Protection Regulations. the right to erasure and the right Object to your processing of my personal data.
I hereby give you Notice that you must, within the time periods prescribed below, permanently cease processing all personal data of which I am the data subject. If you do not normally handle Data Protection Notices for your organisation, please pass this Notice to your Data Protection officer or another appropriate official.
THE MEANING OF THIS NOTICE
For the avoidance of doubt this Notice requires you to do all of the following:
(1) Within 3 days of receipt of this letter to cease or not to begin to:
(a) Obtain;
(b) Record; or
(c) Hold, any personal data of which I am the data subject (“my personal data”); and
(2) With immediate effect to cease or not to begin to carry out any operation or a series of operations involving my personal data including operations that would amount to the:
(a) Organisation, adaption or alteration;
(b) Retrieval, consultation or use;
(c) Disclosure by transmission, dissemination or otherwise making available; or
(d) Alignment or combination, of information or data.
GROUNDS FOR NOTICE
My grounds for giving you this Notice are:
(a) The processing of my personal data by you is causing or is likely to cause substantial damage to me and any person residing with me, due to a lack of ability to obtain credit caused by wrongful processing of my data
(b) The processing of my personal data by you is illegal as you do not have my consent.
(c) The processing of my personal data is illegal as we do not have a contract.
(d) The processing of my personal data is illegal as you have no proven legal obligation that applies to your organisation.
(e) The processing of my personal data is illegal as it is not necessary for you to protect my vital interests.
(f) In any case the damage and/or distress is unwarranted.
NO EXEMPTION FROM THE PROVISIONS OF ARTICLE 17 OR ARTICLE 21 OF THE GENERAL DATA PROTECTION REGULATIONS
You are not excused compliance with this Notice under the provisions of Article 17 and Article 21 of the GDPR by virtue of the reasons set out below:
(1) I have not given you my consent to process my personal data.
(2) I am not a party to a contract with you.
(3) You have no proven legal obligation with which you must comply and which would permit you to process my personal data.
(4) No processing undertaken by you could be undertaken to protect my vital interests.
WHAT YOU MUST DO NEXT
In any event you must within 21 days of receiving this Notice give me Notice in writing stating:
(1) You have complied with the provisions of this Notice in full; or
(2) You have complied with the provisions of this Notice in part , stating which parts; and
(3) As to the parts not so complied with, your reasons for not doing so, including evidence that you can substantiate.
WARNING: CONSEQUENCES OF FAILURE TO COMPLY WITH THIS NOTICE
Should you fail to comply with the provisions of this Notice, I reserve absolutely the right to obtain, without further reference to you, a county court or High Court order to compel you to comply with this Notice together with an order that you pay my associated legal costs in full and for me to make an application for damages associated with your unlawful processing of my personal data.
Yours faithfully,
[YOUR FULL NAME - NO SIGNATURE IS REQUIRED]
Letter 3 - Page 3
(don't include if there is a County Court case ongoing
between you and the debt buying company)
CEASE AND DESIST
NON-NEGOTIABLE
[YOUR ADDRESS & POSTCODE]
[DATE IN FULL]
[NAME OF CEO OF DEBT BUYING COMPANY]
[DEBT BUYERS NAME ADDRESS & POSTCODE]
NOTICE TO CEASE AND DESIST
RE: Account Reference Number: [THEIR REFERENCE NUMBERS HERE - DON'T PUT ANY THAT HAVE A CCJ]
This is a legal notice. Please read it carefully as it means what it says. Do not ignore it.
You are hereby served notice as of [Date in full], under the Protection from Harassment Act 1997 to immediately cease and desist any and all communication with the above addressee
You are further served notice to immediately cease and desist all calls and texts to any phone numbers associated with the above addressee.
Furthermore, you are to cease and desist in any attempt to contact the family, friends, neighbours, employers or any person(s) associated with the addressee in regards to this matter.
Please note that failure to comply with this notice may result in complaints being lodged with the appropriate regulatory bodies, and in some cases may lead to legal action.
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.
Without malice or mischief, in sincerity and honour
Yours faithfully,
[YOUR FULL NAME - NO SIGNATURE IS REQUIRED]
CEASE AND DESIST INFO:
The most common application of a Cease and Desist letter within our community is to request that a company only deals with you in writing, or that they stop contacting you altogether. They are very handing for stopping phone calls and ensuring that any issues be dealt with in a way that leaves a permanent record.
The Cease and Desist template found here has it's basis in the Protection From Harassment Act 1997, which states it is an offence to do something which harasses someone else. They also reference The Communications Act 2003 s. 127, which states that it is a criminal offence to continue to call someone after they have asked you not to. They are useful in any instance in which you wish to request that a company only sends you letters, or stops contacting you altogether.
WHAT NOW?
If they continue to harass you, they can be reported to the Financial Conduct Authority, they can also be prosecuted and sued for Harassment as they will be in breach of the Protection form Harassment Act 1997.
If they close the account, ask for a refund, of anything you have paid!
If they harass you, report them for harassment,
If they send a Letter of Claim (threatening court action) send a Pre Court Letter
I have sent them the 3 Letters, they didn't send me anything!
Great! If they failed to provide the documents, they have basically confirmed they do not have a valid claim against you. Just file the paperwork away in a safe place and if they EVER pop up again you can use the 3 letters as evidence that you have asked for the proof of claim and they were unable or unwilling to provide the documents. So if they ever took it to court, you would have basis of your defence. You did not ignore the issue, you disputed it and asked for proof. The fact that they could not provide it during the whole 3 letter process suggests that they simply do not have the necessary documents to prove their claim.
THIS PROCESS ONLY HAS TO BE DONE ONCE WITH A DEBT THAT HAS BEEN PURCHASED
The 3 Letter ALWAYS works!
Having completed the process, the debt buyer has a choice, They can close the account, harass you or take you to court. The 3 Letter stands as evidence that the PROOF of debt was requested and not provided. So whatever action they take, you have the 3 letters showing you owe nothing.
But someone said "it's doesn't work"!
There is a lot of dis-information on the internet. There are complex ways that forums and groups can be controlled and big business is spending money trying to do just that. HERE ARE THE METHODS. The Three Letter Process is one of the most successful methods ever devised to deal with debt buyers. They simply hate it because they cannot adapt to it. They simply do not have the legal paperwork and by asking them to produce it in 3 letters and not one, they are given time to consider and respond. Something that cannot be done with a single letter. We have had many success stories on the Beat the Bailiffs Facebook group:
They will fix it now that you on to them won't they?
Who came up with the idea?
The original 3 letters was widely promoted on Get Out Of Debt Free forum before that was closed down (and the process mysteriously deleted). It has been questioned who the actual developer was but the Bernican who is doing sterling work in exposing the Great British Mortgage Swindle. lays a strong claim to creating the original version.
This updated and honed debt buyer version is maintained by Steve Spy of Beat the Bailiffs.
