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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
Make an IRRESPONSIBLE 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!
THE FINANCIAL OMBUDSMAN IS AWARDING MANY REFUNDS DUE TO THE LENDERS FAILING TO COMPLY WITH AFFORDABILITY ASSESSMENTS!
(REQUIRED UNDER THE COSUMER CREDIT ACT)
You can do this AS WELL as the 3 letter process to the debt buyer.
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!
Include any Parts in BLACK in the letters - Replace any parts in RED
[YOUR ADDRESS]
[POSTCODE]
[DATE]
[DEBT BUYER / DEBT COLLECTION COMPANY NAME]
[THEIR ADDRESS]
[POSTCODE]
ACCOUNT / REFERENCE: [INSERT ALL REFERENCE NUMBERS — DO NOT INCLUDE ANY ACCOUNT ALREADY SUBJECT TO A CCJ]
Dear Sir/Madam,
Thank you for your correspondence dated [DATE], the contents of which are noted but not accepted.
For the avoidance of doubt, I do not admit liability for the alleged debt. Nothing in this letter is to be treated as an acknowledgement of liability, a payment proposal, or a waiver of any rights, remedies, limitation defence, statutory protection, or procedural objection available to me.
Your company appears to allege that it has acquired rights in respect of the above account by assignment. I conditionally accept your right to make such a claim upon strict proof that a valid assignment has taken place and that any notice of assignment relied upon was properly served.
At present, I do not have sufficient evidence that:
1. the alleged debt was validly assigned to your company;
2. the assignment was executed correctly by the alleged assignor;
3. the account allegedly assigned includes my specific account;
4. any Notice of Assignment was actually sent or served on me;
5. your company has legal title, rather than merely an equitable or administrative interest;
6. payment to your company would give me good discharge of any alleged liability.
Accordingly, the account is formally disputed.
Please now provide the following documents and evidence.
Please provide a copy of the assignment instrument relied upon. This may be a redacted copy, provided that the redactions do not prevent me from identifying or verifying the following:
1. the name of the assignor;
2. the name of the assignee;
3. the date of assignment;
4. the operative clause by which the rights were allegedly assigned;
5. whether the assignment was absolute or by way of charge only;
6. whether the assignment is relied upon as legal or equitable;
7. the schedule, portfolio extract, data tape extract, or other identifying material showing that my specific alleged account was included in the assignment;
8. the consideration date, completion date, or effective transfer date relied upon;
9. any exclusions, conditions precedent, repurchase terms, or limitations affecting the alleged assignment.
A generic statement that the account was “purchased” or “assigned” is not sufficient proof of title.
Please provide the execution pages of the assignment document, including all signature blocks and attestation clauses relied upon.
If the assignor was a company, please provide tape extract, or other identifying material evidence showing that the assignment document was validly executed by or on behalf of that company, including:
1. the name and capacity of each signatory;
2. whether each signatory signed as director, company secretary, authorised signatory, attorney, or other capacity;
3. whether the document was executed by two authorised signatories;
4. whether the document was executed by a single director in the presence of a witness;
5. if executed under seal, evidence that the seal was properly affixed and attested;
6. if executed by attorney, a copy of the relevant power of attorney or authority relied upon;
7. if executed electronically, the audit trail and evidence of authority for electronic execution;
8. if the document was intended to take effect as a deed, evidence that it was executed and delivered as a deed.
If you are unable to provide the execution pages, please explain how you intend to prove that the assignment was validly executed and enforceable.
If there has been more than one assignment, please provide the same evidence for each assignment in the chain.
This includes, for each alleged assignment:
1. he assignor;
2. the assignee;
3. the date of assignment;
4. the operative assignment clause;
5. the execution pages;
6. the account-identifying schedule or extract;
7. the Notice of Assignment allegedly sent to me;
8. evidence of service of that notice.
If you cannot prove the complete chain of title, please confirm whether you accept that your company cannot presently prove legal standing to enforce the alleged debt.
Please provide a copy of every Notice of Assignment relied upon.
For each notice, please also provide evidence of service, including:
1. the date the notice was generated;
2. the date the notice was sent;
3. the exact address to which it was sent;
4. the method of service used;
5. proof of posting, certificate of posting, mail-house record, Royal Mail record, courier record, or equivalent dispatch evidence;
6. any system notes or audit logs showing the notice was produced and sent;
7. the identity of the party who sent the notice;
8. whether the notice was sent by the original creditor, the alleged assignee, or an agent;
9. if sent by email, the email address used, sending log, delivery log, and basis upon which email service is said to be valid;
10. if you rely on deemed service, the precise legal basis and evidence supporting it.
A template copy of a Notice of Assignment is not sufficient. I require evidence that the notice relied upon was actually sent or served on me.
Please state clearly whether you allege that your company holds:
1. a legal assignment under section 136 of the Law of Property Act 1925; or
2. an equitable assignment only.
If you allege a legal assignment, please explain how you say the alleged assignment satisfies all required elements, including:
1. an absolute assignment;
2. in writing;
3. signed by or on behalf of the assignor;
4. express notice in writing given to the debtor.
If you allege only an equitable assignment, please confirm the basis on which your company says it may demand payment or issue proceedings in its own name without joining the original creditor or proving authority from the original creditor.
Please confirm how payment to your company would give me good discharge of any alleged liability.
If the original creditor has not confirmed the assignment, or if you cannot produce a properly executed assignment document and evidence of service of the Notice of Assignment, please explain how I can be satisfied that payment to your company would extinguish any alleged liability to the original creditor.
Until you provide the documents and evidence requested above, the account remains formally disputed.
You must not continue collection activity, issue threats of proceedings, pass the account to another third party, add unsupported charges, instruct solicitors, or report unsupported adverse data to credit reference agencies while this dispute remains unresolved.
If any credit reference agency entry is already being reported, it must be marked as disputed pending proper proof of assignment and proof of service of any Notice of Assignment relied upon.
I require all future communication to be in writing only.
You do not have my consent to contact me by telephone, text message, automated call, or doorstep visit.
Please provide the requested documents within 14 days. If you are unable or unwilling to provide any document, please confirm this in writing and explain why it is unavailable.
For clarity, this letter is a genuine request for proof of title and service. It is not a refusal to engage. I will review any proper evidence you provide.
Yours faithfully,
[YOUR FULL NAME]
Typed name only
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!
[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]
(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)
[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.
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.
[YOUR ADDRESS]
[POSTCODE]
[DATE]
[DEBT BUYER / DEBT COLLECTION COMPANY NAME]
[THEIR ADDRESS]
[POSTCODE]
ACCOUNT / REFERENCE: [INSERT ALL REFERENCE NUMBERS — DO NOT INCLUDE ANY ACCOUNT ALREADY SUBJECT TO A CCJ]
Dear Sir/Madam,
I write further to my previous letter dated [DATE OF FIRST LETTER], in which I formally disputed the above alleged account and requested documentary evidence of your alleged title to enforce, including the assignment instrument, execution pages, account-identifying schedule or extract, and evidence of service of any Notice of Assignment relied upon.
To date, you have failed to respond substantively.
Alternatively, your response dated [DATE OF THEIR RESPONSE] does not provide the documents requested and does not prove that:
1. the alleged debt was validly assigned to your company;
2. the alleged assignment was properly executed by or on behalf of the assignor;
3. my specific alleged account was included in the assignment;
4. a Notice of Assignment was actually sent or served on me;
5. your company holds legal title to the alleged debt;
6. payment to your company would give me good discharge of any alleged liability.
For the avoidance of doubt, I do not admit liability for the alleged debt. Nothing in this letter is to be treated as an acknowledgement of liability, a payment proposal, or a waiver of any rights, remedies, limitation defence, statutory protection, or procedural objection available to me.
The account remains formally disputed.
Your company appears to rely on an alleged assignment. However, you have not provided the assignment document, deed, sale agreement, transfer instrument, or properly redacted extract sufficient to evidence the alleged transfer of rights.
A statement that the account has been “assigned”, “purchased”, “transferred”, or “passed to us” is not proof of assignment.
Please provide the assignment instrument relied upon, including:
1. the name of the assignor;
2. the name of the assignee;
3. the date of assignment;
4. the operative assignment clause;
5. whether the assignment was absolute or by way of charge only;
6. whether the assignment is relied upon as legal or equitable;
7. the schedule, portfolio extract, data tape extract, or other account-identifying material showing that my specific alleged account was included;
8. any relevant conditions, limitations, exclusions, repurchase terms, or restrictions affecting the alleged assignment.
You may redact commercially sensitive pricing information or unrelated third-party data, provided the redactions do not prevent verification of the assignment, the parties, the date, the operative clause, the account identification, and the basis upon which you claim title.
You have not provided the execution pages of the assignment document.
If the alleged assignor was a company, please provide evidence that the assignment document was properly executed by or on behalf of that company, including:
1. the execution page or signature block;
2. the names and capacities of the signatories;
3. whether the signatories signed as directors, company secretary, authorised signatories, attorneys, or otherwise;
4. whether the document was executed by two authorised signatories;
5. whether it was executed by a single director in the presence of a witness;
6. whether it was executed under seal;
7. where execution was by attorney, the relevant power of attorney or authority relied upon;
8. where execution was electronic, the audit trail and evidence of authority for electronic execution;
9. where the document was intended to take effect as a deed, evidence that it was executed and delivered as a deed.
If you are unable or unwilling to provide the execution pages, please confirm this in writing and explain how you intend to prove valid execution of the alleged assignment.
You have not provided evidence that any Notice of Assignment was actually served on me.
A template notice, reconstructed notice, internal note, or bare assertion that a notice was sent is not sufficient.
Please provide:
1. a copy of the actual Notice of Assignment relied upon;
2. the date it was generated;
3. the date it was sent;
4. the address to which it was sent;
5. the method of service used;
6. proof of posting, certificate of posting, mail-house record, Royal Mail record, courier record, or equivalent dispatch evidence;
7. any system notes, audit logs, batch records, or mail production records showing that the notice was produced and sent;
8. the identity of the party who sent the notice;
9. confirmation of whether the notice was sent by the original creditor, the alleged assignee, or an agent;
10. if sent by email, the email address used, the sending log, delivery log, and the basis upon which email service is said to be valid;
11. if you rely on deemed service, the precise legal basis and evidence relied upon.
Until you provide evidence that notice was actually given, you have not established the basis upon which you claim a legal assignment.
Please state clearly whether you allege that your company holds:
1. a legal assignment; or
2. an equitable assignment only.
If you allege a legal assignment, please explain how you say each required element has been satisfied, including:
1. an absolute assignment;
2. in writing;
3. signed by or on behalf of the assignor;
4. express notice in writing given to the debtor.
If you allege only an equitable assignment, please confirm the basis on which your company claims entitlement to demand payment, report data, instruct third parties, or issue proceedings in its own name without joining the original creditor.
If there has been more than one assignment, you must provide the same evidence for each assignment in the chain.
This includes, for each alleged assignment:
1. the assignment instrument or properly redacted extract;
2. the execution pages;
3. the parties to the assignment;
4. the date of assignment;
5. the operative assignment clause;
6. the account-identifying schedule or extract;
7. the Notice of Assignment allegedly sent to me;
8. evidence of service of that notice.
If you cannot prove the complete chain of title, please confirm whether you accept that your company cannot presently prove standing to enforce the alleged account.
Until the requested documents are provided, the account remains formally disputed.
You must not:
1. demand payment;
2. threaten legal proceedings;
3. instruct solicitors;
4. pass or sell the account to another third party;
5. add unsupported interest, costs, or charges;
6. make or continue adverse credit reference agency reporting without marking the account as disputed;
7. make telephone calls, send text messages, or attempt doorstep contact;
8. imply that liability or title has been proven when it has not.
If you have already reported adverse data to credit reference agencies, you must ensure the account is marked as disputed pending resolution of this matter.
Please provide the requested documents within 14 days of the date of this letter.
If you are unable or unwilling to provide the assignment document, execution pages, account-identifying schedule or extract, and evidence of service of the Notice of Assignment, please confirm this clearly in writing.
If you maintain that you are entitled to continue collection activity without providing those documents, please identify the precise legal and regulatory basis upon which you rely.
If you intend to issue proceedings, please confirm that you will first provide the documents requested and comply fully with all applicable pre-action requirements. If proceedings are issued without proper proof of assignment, execution, service, and title, I will draw this correspondence to the court’s attention on the issues of conduct, disclosure, standing, pre-action compliance, and costs.
For clarity, I remain willing to review any proper evidence you provide. However, I will not make payment, enter into any payment arrangement, or discuss settlement while the alleged assignment and your alleged title remain unproven.
All future communication must be in writing only.
Yours faithfully,
[YOUR FULL NAME]
Typed name only
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)
[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]
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.
Then, along with a Article 17 GDPR notice and Cease and Desist notice.
Send all 3 documents together via first class recorded delivery.
[YOUR ADDRESS]
[POSTCODE]
[DATE]
[DEBT BUYER / DEBT COLLECTION COMPANY NAME]
[THEIR ADDRESS]
[POSTCODE]
ACCOUNT / REFERENCE: [INSERT ALL REFERENCE NUMBERS — DO NOT INCLUDE ANY ACCOUNT ALREADY SUBJECT TO A CCJ]
Dear Sir/Madam,
I write further to my previous letters dated [DATE OF FIRST LETTER] and [DATE OF SECOND LETTER].
In those letters I formally disputed the above alleged account and requested documentary evidence of your alleged title to enforce, including:
1. the assignment instrument, deed, sale agreement, transfer instrument, or properly redacted extract relied upon;
2. the execution pages and evidence of valid execution by or on behalf of the assignor;
3. the schedule, portfolio extract, data tape extract, or other identifying material showing that my specific alleged account was included in the alleged assignment;
4. the Notice of Assignment allegedly relied upon;
5. evidence that any Notice of Assignment was actually sent or served on me;
6. confirmation of whether you allege legal assignment or equitable assignment;
7. evidence that payment to your company would give me good discharge of any alleged liability.
To date, you have failed to provide the documents requested.
Alternatively, your response dated [DATE OF THEIR RESPONSE] does not answer the substance of my dispute and does not prove assignment, valid execution, service of notice, chain of title, or your legal standing to demand payment.
For the avoidance of doubt, I do not admit liability for the alleged debt. Nothing in this letter is to be treated as an acknowledgement of liability, a payment proposal, a settlement offer, or a waiver of any rights, remedies, statutory protections, limitation defence, procedural objection, or evidential objection available to me.
The account remains formally disputed.
This letter is now to be treated as a formal complaint.
My complaint is that your company has pursued, or continues to pursue, an alleged debt while failing to provide proof that:
1. your company has validly acquired the alleged account;
2. the alleged assignment was properly executed;
3. the alleged assignment included my specific account;
4. any Notice of Assignment was actually served on me;
5. your company has legal standing to demand payment or threaten enforcement;
6. payment to your company would discharge any alleged liability.
You are required to investigate this complaint properly and respond in writing.
You have not provided the assignment document relied upon.
A bare assertion that the account was “assigned”, “purchased”, “transferred”, “sold”, or “passed to us” is not proof of assignment.
If you maintain that an assignment exists, please provide a copy of the relevant assignment instrument, deed, sale agreement, transfer instrument, or properly redacted extract sufficient to show:
1.the assignor;
2. the assignee;
3. the date of assignment;
4. the operative assignment clause;
5. whether the assignment was absolute or by way of charge only;
6. whether the assignment is alleged to be legal or equitable;
7. the schedule, portfolio extract, data tape extract, or other identifying material showing that my specific alleged account was included;
8. any conditions, exclusions, limitations, repurchase provisions, or restrictions affecting the alleged assignment.
You may redact genuinely confidential commercial pricing information and unrelated third-party data, provided the redactions do not prevent verification of the parties, date, operative clause, account identification, and basis of title.
You have not provided the execution pages of the alleged assignment.
If the alleged assignor was a company, please provide the signature and execution pages showing how the document was executed, including:
1. the names and capacities of all signatories;
2. whether each person signed as director, company secretary, authorised signatory, attorney, or other capacity;
3. whether the document was executed by two authorised signatories;
4. whether it was executed by a single director in the presence of a witness;
5. whether it was executed under seal;
6. whether execution was by attorney and, if so, the power of attorney or written authority relied upon;
7. whether execution was electronic and, if so, the audit trail and authority for electronic execution;
8. if the document was intended to take effect as a deed, evidence that it was executed and delivered as a deed.
If you cannot produce the execution pages, please confirm whether you accept that you cannot presently prove valid execution of the alleged assignment.
You have not provided evidence that any Notice of Assignment was actually served on me.
A template notice, reconstructed notice, internal note, or assertion that a notice was sent is not sufficient.
Please provide:
1. a copy of the actual Notice of Assignment relied upon;
2. the date it was generated;
3. the date it was sent;
4. the address to which it was sent;
5. the method of service used;
6. proof of posting, certificate of posting, mail-house record, Royal Mail record, courier record, or equivalent dispatch evidence;
7. any system notes, audit logs, batch records, or mail production records showing that the notice was produced and sent;
8. the identity of the party who sent the notice;
9. confirmation of whether the notice was sent by the original creditor, the alleged assignee, or an agent;
10. if sent by email, the email address used, sending log, delivery log, and the basis upon which email service is said to be valid;
11. if you rely on deemed service, the precise legal basis and evidence relied upon.
Until you provide evidence that express notice in writing was actually given to me, you have not established the basis upon which you claim a legal assignment.
Please state clearly whether your company alleges that it holds:
1. a legal assignment; or
2. an equitable assignment only.
If you allege a legal assignment, please explain how each required element has been satisfied, including:
1. an absolute assignment;
2. in writing;
3. signed by or on behalf of the assignor;
4. express notice in writing given to the debtor.
If you allege only an equitable assignment, please confirm the basis on which you say your company is entitled to demand payment, report data, instruct third parties, or issue proceedings in its own name without joining the original creditor.
If there has been more than one assignment, you must provide proof of each assignment in the chain.
For each alleged assignment, please provide:
1. he assignment instrument or properly redacted extract;
2. the execution pages;
3. the parties to the assignment;
4. the date of assignment;
5. the operative assignment clause;
6. the account-identifying schedule or extract;
7. the Notice of Assignment allegedly sent to me;
8. evidence of service of that notice.
If you cannot prove the complete chain of title, please confirm that you cannot presently prove standing to enforce the alleged account.
While this matter remains disputed and unproven, you must not represent the alleged account as undisputed.
If you are reporting data to any credit reference agency, you must ensure that the account is marked as disputed pending resolution.
If you have passed the account to any third party, collection agent, tracing agent, solicitor, or litigation department, you must notify them that the account is formally disputed and that proof of assignment, execution, service, and title remains outstanding.
You must not sell, transfer, escalate, or reassign the alleged account while this complaint remains unresolved unless the recipient is expressly informed in writing that the account is disputed and that proof of title has not been provided.
To resolve this matter, please do one of the following:
1. provide the assignment document, execution evidence, account-identifying schedule or extract, Notice of Assignment, and evidence of service; or
2. confirm in writing that you are unable to provide the requested documents and that collection activity will cease unless and until proper evidence is available; or
3. close your file and confirm that no further collection activity, adverse reporting, sale, transfer, or legal action will take place in relation to this disputed alleged account.
If you reject this complaint, your final response must explain precisely how you say your company has proven assignment, valid execution, service of notice, chain of title, and legal standing without providing the documents requested.
If you issue or threaten proceedings without first providing proper proof of assignment, execution, service, and title, I will draw this correspondence to the court’s attention on the issues of:
1. standing;
2. proof of title;
3. disclosure;
4. pre-action conduct;
5. reasonableness;
6. costs;
7. whether any claim was issued prematurely while a genuine dispute remained unresolved.
I also reserve the right to rely on this correspondence in any complaint to the Financial Ombudsman Service, the Information Commissioner’s Office, Trading Standards, the Financial Conduct Authority, or any other relevant body.
All future communication must be in writing only.
You do not have my consent to contact me by telephone, text message, automated call, or doorstep visit.
Please acknowledge this formal complaint promptly and provide your written response.
For clarity, I remain willing to review any proper evidence you provide. However, I will not make payment, enter into any payment arrangement, or discuss settlement while the alleged assignment and your alleged title remain unproven.
Yours faithfully,
[YOUR FULL NAME]
Typed name only
[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]
NON-NEGOTIABLE
[YOUR ADDRESS & POSTCODE]
[DATE IN FULL]
[NAME OF CEO OF DEBT BUYING COMPANY]
[DEBT BUYERS NAME ADDRESS & POSTCODE]
RE: Account Reference Number: [THEIR REFERENCE NUMBERS HERE - DON'T PUT ANY THAT HAVE A CCJ]
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]
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.
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
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
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.
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:
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.