Acceptance for Value dated 1 December 2008, both of which were delivered to Capital
Two by registered mail.
In accordance with the original instructions in the said notice, since Capital Two have
accepted the said financial instrument as means of payment, I hereby deliver notice that
the standing order related to the above account has been cancelled, as of 29 December
2008.
Without malice or mischief, in sincerity and honour,
By: Uppercase: Lower (Agent & Administrator)
ALL RIGHTS RESERVED WITHOUT PREJUDICE NON ASSUMPSIT
They might choose to cancel the facility, but they refused legal tender of payment so the
debt has now been legally dicharged in accordance with the Bills of Exchange Act.
The credit agencies are about to be served notice that should they record false
information in relation to this account they will be immediately reported the Office of
Fair Trading and invoiced for a substantial fee schedule.
Robin Hoody
Managing Director
Capital Two Bank (Europe) plc
PO Box 666
12 January 2009
NOTICE OF DISHONOUR
Dear Robin,
Re: Capital Two Mistercard Account Number: 8080808080808080
With reference to the financial instrument, accepted for value and returned for settlement
and prepayment against future transactions, that was enclosed with the Notice of
Acceptance for Value dated 1 December 2008, Notice of Non-Response, dated 29
December and Notice of Cancellation of Standing Order, dated 29 December 2009, all of
which were delivered to Capital Two by recorded mail.
I hereby give notice that Capital Two has dishonoured each and every one of the said
Notices by failing to respond appropriately within a reasonable timeframe. Therefore,
Capital Two has agreed to all the terms set forth therein; namely:
1. In accordance with the original instructions given in the Notice of Acceptance for
Value, Capital Two have accepted the properly indorsed remittance slip as means of
Therefore, please find enclosed Capital Twos invalid claim that I have defaulted on the
above account, along with an invalid statement of the above account, both of which were
received on 15 January 2009, and both of which are hereby REFUSED FOR CAUSE.
Without malice or mischief, in sincerity and honour,
By: Uppercase: Lower (Agent & Administrator)
ALL RIGHTS RESERVED WITHOUT PREJUDICE NON ASSUMPSIT
Theevin Basterd
Executive Office Manager
Capital Two Bank (Europe) plc
PO Box 666
22 January 2009
NOTICE OF OPPORTUNITY TO CURE DISHONOUR
Dear Theevin Basterd,
Re: Capital Two Mistercard Account Number: 8080808080808080
Firstly, I must respectfully decline your offer of title and kindly request that any future
correspondence be addressed to Uppercase: Lower, a flesh and blood man. Mr is the
title to a corporate fiction, otherwise known as my Legal Person, for which I am acting as
fully authorised agent and administrator.
Thank you for your letter dated 9 January 2009, which was received at the above mailing
location on 21 January 2009, some 11 days after the registered date of posting. Contrary
to your claims, I do not feel that Capital Two has given an appropriate response to the
serious issues that my legal notices have raised, nor do I consent to your offer of this case
being considered closed.
You refer in your letter to my letters. It is important that Capital Two understand and
acknowledge that far from sending Capital Two letters, I have, in fact, sent several
Notices, which are a different specie of correspondence altogether. The Notices, which
were all sent by recorded mail, were:
Notice of Acceptance for Value, dated 1 December 2008,
Notice of Non-Response, dated 29 December 2008,
Notice of Cancellation of Standing Order, dated 29 December 2008,
Notice of Dishonour, dated 15 January 2009 and
Notice of Invalid Claim Refused for Cause, dated 15 January 2009
Your correspondence was the first response I have received from Capital Two in relation
to any of the above. I do not believe it to be acceptable business practice for a company
to take 40 days to respond to a Notice sent in good faith by a customer, nor should it take
11 days from the date of writing for a letter to be received by the customer. Your tardy
response is the only reason matters have yet to be resolved. Therefore, I do not give my
consent for you to record negative information on my Legal Persons credit file and feel
compelled to reiterate that Capital Two has made an invalid claim that STRAWMAN has
defaulted on the above account, notification of which was Refused for Cause in the
Notice dated 15 January 2009.
Furthermore, as set out in each of the said Notices, by failing to respond appropriately
within a reasonable timeframe, which was also set out in each Notice, Capital Two has in
fact given its tacit acceptance to all the claims made within these Notices, including, but
not limited to:
1. Capital Two have accepted the properly indorsed remittance slip as means of
settlement and prepayment,
2. The above account will be credited accordingly,
3. Capital Two has no claim to any interest payment, or additional charges, neither of
which can be legally added to the account balance; and
4. Capital Two has no authority to adversely affect the credit rating of the card holder.
With reference to your confusion regarding the financial instrument I sent to Capital Two,
the legal definition of remittance is:
REMITTANCE, comm. law. Money sent by one merchant to another, either in specie,
bill of exchange, draft or otherwise.
In commercial law, to remit is to send money, bills, or something which will answer the
purpose of money.
It is my understanding that, in accordance with the English Bills of Exchange Act, my
acceptance and indorsement of the said financial instrument as Holder In Due Course,
validates it as a legal tender of payment. Therefore, the legal definition of remittance
clearly includes without restriction, the properly indorsed financial instrument I sent to
Capital Two as legal tender of payment in relation to the above account.
In addition to all of the above, if, as you claim, Capital Two does not accept prepayment,
or if, as you also claim, the giro bank payment slip is not legal tender, why has the
remittance not been returned to me with an instruction to amend the amount or send
alternative payment before now?
Please be advised that Section 43(a) of the English Bills of Exchange Act clearly states
that a bill of exchange is discharged when it:
is duly presented for acceptance, and such an acceptance as is prescribed by this Act is
refused or cannot be obtained.
Therefore, in accordance with all of the above stated facts, I have provided Capital Two
with a valid method of payment and an account number from which Capital Two may
effect payment and clear instructions as to how to effect this payment.
I hereby serve notice that if Capital Two should choose not accept the properly indorsed
remittance, currently held by Capital Two, as legal tender of payment within ten days of
your receipt of this notice, sent by recorded mail on 22 January 2009, the debt will be
considered legally discharged and the account must be adjusted accordingly.
I hereby declare that notice to principal is notice to agent, and notice to agent is notice to
principal, shall apply to all correspondence referenced herein, as well as all future
correspondence in relation to this matter.
Without malice or mischief, in sincerity and honour,
By: Uppercase: Lower (Agent & Administrator)
ALL RIGHTS RESERVED WITHOUT PREJUDICE NON ASSUMPSIT
Theevin Basterd
Executive Office Manager
Capital Two Bank (Europe) plc
PO Box 666
23 January 2009
NOTICE OF INVALID CLAIM REFUSED FOR CAUSE
Dear Theevin Basterd,
Re: Capital Two Mistercard Account Number: 8080808080808080
Please find enclosed Capital Twos invalid claim that I have defaulted on the above
account, received at the mailing address above on 23 January 2009, the entire contents of
which are hereby REFUSED FOR CAUSE.
In relation to the above account, I hereby serve notice that since 1 December 2008, I have
presented legal tender of payment and served six notices by registered mail to Capital
Two, all of which have been dishonoured. It is important that Capital Two understand and
acknowledge that far from sending Capital Two letters, I have, in fact, sent several
Notices, which are a different specie of correspondence altogether. The Notices, which
were all sent by recorded mail, were:
Notice of Acceptance for Value, dated 1 December 2008,
Notice of Non-Response, dated 29 December 2008,
Notice of Cancellation of Standing Order, dated 29 December 2008,
Notice of Dishonour, dated 12 January 2009,
Notice of Invalid Claim Refused for Cause, dated 15 January 2009, and
Notice of Opportunity To Cure Dishonour, dated 22 January 2009.
Ignoring legally served notices in relation to the above account and making invalid
claims against STRAWMAN will result in following fee schedule being charged to
Capital Two:
- GBP150.00 per invalid claim made by Capital Two GBP150.00 per notice sent by
registered mail by STRAWMAN GBP150.00 per hour of the Agent & Administrators
time
The law of agent and principal shall apply this notice and all other notices sent to Capital
Two in relation to this account.
Without malice or mischief, in sincerity and honour,
By: Uppercase: Lower (Agent & Administrator)
ALL RIGHTS RESERVED WITHOUT PREJUDICE NON ASSUMPSIT
Robin Bandit
Director of Collections
Capital Two Bank (Europe) plc
PO Box 666
2 February 2009
NOTICE OF DISCHARGE
Dear Robin,
Re: Capital Two Mistercard Account Number: 8080808080808080
I hereby serve notice that Capital Two have chosen not to reply to a Notice sent in
relation to the above account on 22 January 2009 by recorded post. As detailed in that
Notice, failure to reply within ten days of Capital Twos receipt of that notice can be
taken as Capital Twos tacit acceptance to all the claims made within that, and previous
Notices, including, but not limited to:
1. Capital Two have accepted the properly indorsed remittance slip as means of
settlement and prepayment,
2. The above account will be credited accordingly,
3. Capital Two has no claim to any interest payment, or additional charges, neither of
which can be legally added to the account balance; and
4. Capital Two has no authority to adversely affect the credit rating of the card holder.
Therefore I request Capital Two send me written confirmation that payment has been
received and accepted, an appropriately adjusted statement for the above account, within
three working days of your receipt of this Notice sent by recorded mail, along with
evidence that the credit rating of the account holder has not been adversely affected.
Furthermore, as explained in the NOTICE OF INVALID CLAIM REFUSED FOR
CAUSE sent by recorded mail to Capital Two on 23 January 2009, ignoring legal Notices
in relation to the above account will result in the following fee schedule being charged to
Capital Two:
- GBP150.00 per invalid claim made by Capital Two GBP150.00 per notice sent by
registered mail by STRAWMAN GBP150.00 per hour of the Agent & Administrators
time
Without malice or mischief, in sincerity and honour,
By: Uppercase: Lower (Agent & Administrator)
ALL RIGHTS RESERVED WITHOUT PREJUDICE NON ASSUMPSIT
Robin Bandit
Director of Collections
Capital Two Bank (Europe) plc
PO Box 666
INVOICE
4 February 2009
Re: Capital Two Mistercard Account Number: 8080808080808080
In accordance with the Fee Schedule clearly defined in legally served Notices to Capital
Two Europe, all of which have been tacitly accepted by said debtor, Capital Two are now
liable to pay a total sum of SIX HUNDRED GREAT BRITISH POUNDS to
STRAWMAN, in return for the considerable and valuable time, skills and energy
expended by the authorised Agent in the administration of the following:
- GBP150.00 for one dishonoured legal notice GBP150.00 for one invalid claim,
enclosed REFUSED FOR CAUSE GBP300.00 for two hours of the Agent &
Administrators time GBP600.00 TOTAL AMOUNT NOW DUE
Cheques should be made payable to STRAWMAN and should be sent to the mailing
location below within ten days of receipt of this Invoice, which was sent by recorded
mail.
Without malice or mischief, in sincerity and honour,
2. Declarant has seen no evidence that RESPONDENT has not dishonoured legal tender
of payment presented by STRAWMAN in relation to the above account, and believes that
no such evidence exists.
3. Declarant has seen no evidence that a properly endorsed remittance is not legal specie
of money, and believes that no such evidence exists.
4. Declarant has seen no evidence that STRAWMANS liability has not been legally
discharged by RESPONDENTS dishonour of said presentment of payment, and believes
that no such evidence exists.
5. Declarant has seen no evidence that RESPONDENT has returned the balance to zero
on the account referenced on Page 1 of 4, as agreed by RESPONDENT in its dishonour
of said legal notices, and believes that no such evidence exists.
6. Declarant has seen no evidence that RESPONDENT has the legal right or the
Declarants consent to telephone STRAWMANS place of work, mobile phone or
mailing location, and believes that no such evidence exists.
7. Declarant has seen no evidence that RESPONDENT, in its telephonic harassment of
the Declarant at STRAWMANS place of work, and its repeated telephoning of
STRAWMANS mailing location, does not constitute contacting the alleged debtor at
unreasonable times, and believes that no such evidence exists.
8. Declarant has seen no evidence that RESPONDENT, in its pursuit of the exclusively
authorised Agent & Administrator for STRAWMAN, is not pursuing a third party who is
not liable for payment, and believes that no such evidence exists.
9. Declarant has seen no evidence that RESPONDENT, in its psychological harassment
of the exclusively authorised Agent & Administrator, is not putting pressure on a third
party that is considered to be oppressive, and believes that no such evidence exists.
10. Declarant has seen no evidence that RESPONDENT has ensured that adequate
history of the discharged debt has been appropriately passed on, resulting in both
repetitive and frequent contact by different parties, and believes that no such evidence
exists.
11. Declarant has seen no evidence that RESPONDENT has ignored and/or disregarded
the Declarants claim that any previous liability has now been discharged, and believes
that no such evidence exists.
12. Declarant has seen no evidence that RESPONDENT is legally entitled to disclose or
threaten to disclose details of the alleged debt to third parties, and believes that no such
evidence exists.
13. Declarant has seen no evidence that RESPONDENT has not failed to investigate a
disputed debt in the appropriate manner, resulting in the wrongful pursuit of an alleged
debtor, and believes that no such evidence exists.
14. Declarant has seen no evidence that RESPONDENT has ceased collection activity
whilst investigating said disputed debt, and believes that no such evidence exists.
15. Declarant has seen no evidence that RESPONDENT is not claiming collection costs
from an alleged debtor in the absence of express contractual or other legal provision, and
believes that no such evidence exists.
16. Declarant has seen no evidence that RESPONDENT is not applying unreasonable
charges which are not based on actual and necessary costs, and believes that no such
evidence exists.
17. Declarant has seen no evidence that RESPONDENT has not engaged in business
practices which appear deceitful, oppressive, unfair and improper, whether unlawful or
not, and believes that no such evidence exists.
18. Declarant has seen no evidence that RESPONDENT has fully disclosed information
pertaining to any assumed, presumed or implied Consumer Credit Agreement between
the parties, and believes that no such evidence exists.
19. Declarant has seen no evidence that RESPONDENT has not, through its multiple
dishonour of legal notices and tender of payment, agreed to pay the exclusively
authorised Agent & Administrators Fee Schedule in relation to the account referenced on
Page 1 of 4, legal notice of which has already been appropriately served, and believes
that no such evidence exists.
Furthermore, following detailed and extensive research on the deception, greed and
corruption that is all too common in the fictional world of commerce:
20. Declarant has seen no evidence that a legally enforceable bilateral contract exists
between RESPONDENT and STRAWMAN, excluding the offers presented by
STRAWMAN to RESPONDENT, which were tacitly accepted by RESPONDENT, as
evidenced by the legal notices that were sent by STRAWMAN by recorded mail and
subsequently dishonoured by RESPONDENT, and believes that no such evidence exists.
21. Declarant has seen no evidence that RESPONDENT is not attempting to aggressively
enforce an invalid claim, and believes that no such evidence exists.
22. Declarant has seen no evidence that RESPONDENT is able to provide verification of
the alleged debt owed by STRAWMAN, and believes that no such evidence exists.
23. Declarant has seen no evidence that RESPONDENT is able to provide validation of
the alleged debt owed by STRAWMAN, and believes that no such evidence exists.
delivered to the RESPONDENT in relation to this matter, and believes that no such
evidence exists.
34. Declarant has seen no evidence contravening the maxim of law that silence comprises
agreement in commerce, equity, admiralty, Lex Mercatoria and public policy, and
believes that no such evidence exists.
35. Declarant has seen no evidence contravening the maxim of law that an affidavit
stands as truth in commerce, equity, admiralty, Lex Mercatoria and public policy, unless
rebutted, point-by-point, by an affidavit which is sworn to the same degree of commercial
risk, and believes that no such evidence exists.
36. Declarant has seen no evidence that an answer indicating NA, not applicable,
inapposite or similar dishonours, or failure to answer any point herein would not be
unresponsive and comprise stipulation to all facts in this Affidavit, pursuant to the maxim
that silence comprises agreement, and Declarant believes that no such evidence exists.
37. Declarant has seen no evidence that failure to respond to this Verified Affidavit of
Facts, point-by-point, will not comprise the RESPONDENTS affirmation, attestation
and agreement to all terms and statements contained herein, and believes that no such
evidence exists.
COMMERCIAL AFFIDAVIT OATH AND VERIFICATION
I, Upper-Case: Lower , the exclusively Authorised Representative, Agent &
Administrator for STRAWMAN, hereby certify upon my own commercial liability that I
have read Pages 1-4 of this Affidavit, and, to the very best of my knowledge, the facts
contained herein are true, correct and complete, not misleading, and should be considered
a verified plain statement of the facts as I perceive them.
Use of a Notary Public is for attestation and verification purposes only and does not
constitute a change in status or entrance or acceptance of foreign jurisdiction.
Autographed and sealed this, the sixteenth day of March, in the year known as two
thousand and nine. Void where prohibited by law.
Right thumbprint:
Sworn & Subscribed By: Uppercase:Lower
_____________________________________________
All Rights Reserved Without Prejudice Non-Assumpsit
Autographed & Sealed in the presence of:
Notary Public: Seal:
Therefore, since the parties are now in agreement that the liability of STRAWMAN has
been discharged, please return the endorsed instrument for reconsideration, along with
confirmation that the balance of the above account is zero, within three days of your
receipt of this notice.
CAPITAL TWO BANK (EUROPE) PLC should also be advised that any further
demands for payment may be in contravention the Bills of Exchange Act 1882, the Fraud
Act 2006 section 3, the Theft Act 1968 sections 17, 18, 21 and the Protection from
Harassment Act 1997. At no time have I abandoned, implied or given consent for any
party to claim or withhold proceeds as abandoned funds.
In the event that the said instrument has been lost, then section 69 and 70 of the Bills of
Exchange Act 1882 may apply, in which case, please supply both your Public Liability
Insurance policy number and your TIN (Tax Identification Number), in order that the
necessary claim might be effected.
Without malice or mischief, in sincerity and honour,
By: Upper-Case: Lower (Authorised Representative)
ALL RIGHTS RESERVED WITHOUT PREJUDICE NON ASSUMPSIT
The usual threats we have all experienced at the hands of credit bandits have been
conspicuous by their absence, as has ANY correspondence from Robin Hoodys in-house
debt collection arm, and a delinquent debtor report to the credit referencing agencies has
not been filed.
The executive in question, rather than risk being held personally liable for fraud, has
now closed the account and passed the legally discharged debt on to a third party
interloper with no legal standing, who has sent a very polite letter attempting to establish
a new agreement.
Nevertheless, it has taken five months to achieve this, using a process which is definitely
not for the faint-hearted. Since the beginning of the tale new information has come to
light that suggests that there is a much more efficient way to enforce Accepted For Value
technology.
NOTICE OF INVALID CLAIM
Dear Chief Executive Officer of 3rd Party Interlopers,
INTERLOPER REFERENCE: 123123123
I hereby serve legal notice that INTERLOPER has made an invalid claim against
STRAWMAN, in relation to a discharged liability with CAPITAL TWO BANK
EUROPE.
The alleged debt has been legally discharged pursuant to the English Bills of Exchange
Act 1882, following CAPITAL TWO BANK EUROPES dishonour of legal tender of
payment, and its subsequent failure to respond to a notarised AFFIDAVIT OF
NEGATIVE AVERMENT, which was delivered to your client on 21 March 2009 by
recorded mail, creating permanent, irrevocable estoppel and administrative Default
Judgement, vitiating any and all previous agreements between CAPITAL TWO BANK
EUROPE and STRAWMAN.
Please be advised that INTERLOPERS pursuit of this false claim against STRAWMAN
may be in contravention of the Statute of Frauds Act 1667, which clearly states:
IV Noe action shall be broughtF2 whereby to charge the Defendant upon any special
promise to answer for the debt default or miscarriages of another personF3 unlesse the
Agreement upon which such Action shall be brought or some Memorandum or Note
thereof shall be in writing and signed by the partie to be charged therewith or some other
person thereunto by him lawfully authorized.
For the avoidance of doubt, at no point has STRAWMAN entered into or consented to
any Agreement of any kind with INTERLOPER, nor does STRAWMAN consent to any
Agreement, whether express or implied, with INTERLOPER.
Furthermore, the Fraud Act 2006 states that:
1 Fraud
(1) A person is guilty of fraud if he is in breach of any of the sections listed on subsection
(2) (which provide for different ways of committing the offence).
(2) The sections are
(a) section 2 (fraud by false representation),
(b) section 3 (fraud by failing to disclose information), and
section 4 (fraud by abuse of position).
(3) A person who is guilty of fraud is liable
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a
fine not exceeding the statutory maximum (or to both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to
a fine (or to both).
2 Fraud by false representation
(1) A person is in breach of this section if he
In response to your Calling Card, received at the above mailing location today, 20 April
2009, please find enclosed a copy of NOTICE OF INVALID CLAIM, which was
delivered to the Chief Executive Officer of Interlopers Limited by Post Office recorded
mail on 17 April 2009.
I hereby record the assumption that your Calling Card and said NOTICE OF INVALID
CLAIM crossed in the post and that Interlopers Limited have now ceased from all
attempts to collect a legally unenforceable claim against STRAWMAN, which could be
construed as fraud by false representation, pursuant to the Statute of Frauds Act 1667 and
the Fraud Act 2006.
Please be advised that should you or any other representative of Interlopers Limited call
in person at the above mailing location in any further attempts to collect on this invalid
claim, a liability of GBP1500.00 per visit will be incurred and a complaint will be filed
with the Chairman of the Office of Fair Trading, for the purposes of which Interlopers
Limiteds licence number ******** has been duly noted.
Furthermore, please supply me with your Public Liability Insurance Policy Number and
your Tax Identification Number (TIN) in order that I can instigate any and all
administrative and/or judicial procedures that I deem to be necessary in relation to this
matter.
Without malice or mischief, in sincerity and honour,
By: Uppercase: Lower (Authorised Representative)
WITHOUT PREJUDICE WITHOUT RECOURSE NON-ASSUMPSIT
NOTICE OF INVALID CLAIMS
Dear CHIEF EXECUTIVE OFFICER,
RE: ####/######
In response to your companys letter dated 02 June 2009 (enclosed Refused for Cause),
please find enclosed a certified copy of the NOTICE OF INVALID CLAIMS, which
was sent to you at the above address on 28 April 2009.
Please be advised that POWER2INTERLOPE LIMITED, in sending another invalid
claim in writing, have now incurred a liability of GBP1,500.00, in accordance with the
Fee Schedule set forth within said notice.
Furthermore, please supply me with your Public Liability Insurance Policy Number and
your Tax Identification Number (TIN) in order that I can instigate any and all
administrative and/or judicial procedures that I deem to be necessary, in relation this
invalid claim against STRAWMAN.
Within three days of receiving this, the interlopers replied with the following letter:
Dear STRAWMAN,
Re: Capital Two Mistercard 1234 1234 1234 1234
Further to your recent contact with our office and your request for further information in
relation to the above account, we would confirm that your account is now on hold for 28
days whilst we obtain the information required.
If you have any proof of payments or correspondence that would assist with your query,
please forward these documents, with a brief covering letter, to our Collections
Administration department, so that we can resolve the matter as soon as possible.
Yours sincerely,
Collections Administration Department.
Oh dear. It seems that the CEO has created a liability of the 3 times the value of the
invalid claim, which is why he is attempting to establish a new agreement with the
collections department. With a notarised administrative judgment in hand, there can be
no doubt that the final settlement and closure of the matter has materialised on the
horizon.
PRIVATE & CONFIDENTIAL
CHIEF EXECUTIVE ROBIN HOODY
ROBIN HOODIES LIMITED
ADDRESS
POST CODE
COMPANY NUMBER: XXXXXX
LICENCE NUMBER: XXXXXX
DATE
NOTICE OF CONDITIONAL ACCEPTANCE
NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT
Dear CHIEF EXECUTIVE ROBIN HOODY,
Re: Account Number: XXXX XXXX XXXX XXXX
Following the receipt of your companys NOTICE dated __________________, I hereby
serve notice that I conditionally accept the alleged debt of ALLEGED AMOUNT DUE,
and will use my best endeavours to settle and close the account in the most expedient
manner possible, upon receipt of the following items at the mailing location above:
1. A legally enforceable original credit agreement signed in blue ink by the Authorised
Representative for STRAWMAN
2. Verification of the balance due in the form of a true bill
3. Validation of ROBIN HOODIES valuable consideration pertaining to the alleged debt,
in the form of the actual accounting of its losses
4. Proof of claim that the outstanding balance of the above account was not legally
discharged pursuant to Section 43 of the Bills of Exchange Act 1882, when ROBIN
HOODIES refused to accept the payment tendered on DATE OF TENDER OF
PAYMENT
5. Proof of claim that any and all previous credit agreements were not vitiated when
ROBIN HOODIES failed to provide validation and verification of the alleged debt, or a
legally enforceable credit agreement, pursuant to the Consumer Credit Act 1974, the
Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and the House of Lords
ruling in the case of Wilson v First County Trust Ltd [2003] All ER (D) 187 (Jul)
6. Proof of claim that this alleged liability has not been settled administratively, following
ROBIN HOODIESs failure to respond appropriately to a notarised VERIFIED
AFFIDAVIT OF FACTS BY SPECIFIC NEGATIVE AVERMENT dated
______________.
7. Proof of claim that ROBIN HOODIES is not in multiple breach of the Office of Fair
Tradings Final Guidance on Unfair Business Practices July 2003 (updated December
2006)
Dishonour of this NOTICE OF CONDITIONAL ACCEPTANCE by failing to provide
these reasonably requested items within seven (7) days of ROYAL MAIL SPECIAL
DELIVERY BARCODE NUMBER, will comprise the tacit procuration of ROBIN
HOODIES agreement that it has aggressively and unfairly attempted to collect an invalid
claim, and in so doing, it has caused injury to STRAWMAN, for which the Authorised
Representative for STRAWMAN is legally entitled to make a commercial claim through
the county courts for three times the value of the alleged debt, in the event that all
available private administrative remedies have already been exhausted.
In sincerity and honour, without malice, mischief, ill will, vexation or frivolity,
By: Upper-Case: Lower (Authorised Representative)
WITHOUT PREJUDICE WITHOUT RECOURSE NON ASSUMPSIT
Errors & Omissions Excepted
At this point, my favourite former chartered accountant saw fit to appoint an Agent in
Commerce, in the genuine hope of settling and closing the matter
PRIVATE & CONFIDENTIAL
ROBIN HOODY
CHIEF EXECUTIVE OFFICER
12. Proof that MACFUCK DEBT RECOVERY LIMITED and its client, CAPITAL TWO
BANK (EUROPE) PLC, are not in multiple breaches of the Office of Fair Tradings Final
Guidance on Unfair Business Practices (updated December 2006)
Dishonour of this NOTICE OF CONDITIONAL ACCEPTANCE, by failing to provide
these reasonably requested items within seven (7) days of your companys receipt of this
notice, will comprise the tacit procuration of MACFUCK DEBT RECOVERY
LIMITEDs agreement that it has aggressively and unfairly attempted to collect an
invalid claim, and in so doing, your company has caused injury to MISS STRAWMAN,
for which the injured party is legally entitled to make a commercial claim through the
county courts, for at least three times the value of your companys invalid claim, plus the
principal, in the event that all available private administrative remedies have already been
exhausted.
Without malice, mischief, ill will, frivolity or vexation, in sincerity and honour,
By: Upper-Case: Lower
Authorised Representative for AGENTS STRAWMAN
Agent in Commerce for MISS STRAWMAN (& all derivatives thereof)
Without Prejudice Without Recourse Non-Assumpsit
Errors & Omissions Excepted
Following a letter from a powerful law firm, which issued an explicit request for the
Agent in Commerce to cease and desist from sending any more correspondence to Robin
Hoody, as well as an allegation that the entire administrative process has no power and
effect under English law
PRIVATE & CONFIDENTIAL
DUPLICITOUS SOLICITORS
BULLSHIT HOUSE
12 RED LIARS SQUARE
11 August 2009
NOTICE OF CONDITIONAL ACCEPTANCE
NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT
Dear SIR/MADAM,
Re: Account Number: XXXX XXXX XXXX XXXX
Following receipt of your companys letter on 10 August 2009, in my capacity as Agent
in Commerce (notice enclosed), I hereby serve notice that MS STRAWMAN
conditionally accepts the alleged debt to your client, CAPITAL TWO BANK (EUROPE)
PLC EUROPE LIMITED, of Five Hundred & Ninety Two Great British Pounds &
Sixteen Pence, and agrees to use best endeavours to settle and close the account in the
most expedient manner possible, upon receipt of the following items at the mailing
location below:
1. A legally enforceable original credit agreement signed in blue ink
2. Verification of the balance due in the form of a true bill
3. Validation of your clients valuable consideration, in the form of the actual accounting
of its losses
4. Proof that the outstanding balance of the above account was not legally discharged
pursuant to Section 43 of the Bills of Exchange Act 1882, when your client refused to
accept the payment tendered on 3 January 2009
5. Proof that any and all previous credit agreements were not vitiated, when, upon
reasonable request, your client failed to provide validation and verification of the alleged
debt or a legally enforceable credit agreement, pursuant to the Consumer Credit Act
1974, the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and the
House of Lords ruling in the case of Wilson v First County Trust Ltd [2003] All ER (D)
187 (Jul)
6. Proof that this alleged liability has not already been settled administratively, following
your clients failure to respond appropriately to a notarised VERIFIED AFFIDAVIT OF
FACTS BY SPECIFIC NEGATIVE AVERMENT dated 16 March 2009
7. Proof that your client is not in multiple breaches of the Office of Fair Tradings Final
Guidance on Unfair Business Practices (updated December 2006)
8. Proof of your claim that the numerous documents sent by MS STRAWMAN to your
client are wrong in law and without foundation
9. Proof that your client is not concealing material facts pertaining any existing and/or
previous agreement of the parties by refusing to respond appropriately to the issues raised
10. Proof that your client is not subject to the Bills of Exchange Act 1882, the Consumer
Credit Act 1974, the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)
and the House of Lords ruling in the case of Wilson v First County Trust Ltd [2003] All
ER (D) 187 (Jul)
In good faith, MS STRAWMAN looks forward to receiving these items within seven (7)
days of your receipt of this NOTICE OF CONDITIONAL ACCEPTANCE.
Without malice, mischief, ill will, frivolity or vexation, in sincerity and honour,
By: Upper-Case: Lower
Authorised Representative for AGENTS STRAWMAN
Agent in Commerce for STRAWMAN (& all derivatives thereof)
Without Prejudice Without Recourse Non-Assumpsit
Errors & Omissions Excepted
PRIVATE & CONFIDENTIAL
ROBIN HOODY
1974, the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and the
House of Lords ruling in the case of Wilson v First County Trust Ltd [2003] All ER (D)
187 (Jul)
6. Proof that this alleged liability has not already been settled administratively, following
your clients failure to respond appropriately to a notarised VERIFIED AFFIDAVIT OF
FACTS BY SPECIFIC NEGATIVE AVERMENT dated 16 March 2009
7. Proof that MACFUCK DEBT RECOVERY LIMITED and its client, CAPITAL TWO
BANK (EUROPE) PLC, are not in multiple breaches of the Office of Fair Tradings Final
Guidance on Unfair Business Practices (updated December 2006)
Failure to provide these reasonably requested items within seven (7) days of your
companys receipt of this notice, will comprise the tacit procuration of MACFUCK
DEBT RECOVERY LIMITEDs agreement that it has aggressively and unfairly
attempted to collect an invalid claim, and in so doing, your company has caused injury to
MISS STRAWMAN, for which the injured party is legally entitled to make a commercial
claim for at least three times the value of your companys invalid claim, plus the alleged
principal, in the event that all available private administrative remedies have already been
exhausted.
Without malice, mischief, ill will, frivolity or vexation, in sincerity and honour,
By: Upper-Case: Lower
Authorised Representative for AGENTS STRAWMAN
Agent in Commerce for MISS STRAWMAN (& all derivatives thereof)
Without Prejudice Without Recourse Non-Assumpsit
Errors & Omissions Excepted
PRIVATE & CONFIDENTIAL
DUPLICITOUS SOLICITORS
BULLSHIT HOUSE
NOXIOUS CITY NC6 66FU
21 August 2009
NOTICE OF DISHONOUR & OPPORTUNITY TO CURE
NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT
Dear SIR/MADAM,
Re: Account Number: XXXX XXXX XXXX XXXX
Following the dishonour of NOTICE OF CONDITIONAL ACCEPTANCE dated 11
August 2009, as expressed in your companys letter dated 19 August 2009, the contents
of which are rejected as an entirely inappropriate response, MS STRAWMAN hereby
7. Was it the intent of the alleged loan agreement that the party who funded the loan(s) is
the party that is to be repaid the money? Please answer YES or NO.
8. Have all the material facts of the alleged loan(s) been fully disclosed in the alleged
loan agreement? Please answer YES or NO.
9. According to the alleged loan agreement, was MS STRAWMAN obliged to lend the
promissory note to CAPITAL TWO BANK (EUROPE) PLC or another financial
institution, in order to fund the alleged loan(s)? Please answer YES or NO.
10. Was the alleged loan agreement, and/or any and all other documents and/or
instruments affixed thereto, registered as a Bill of Sale within seven (7) days of its
alleged execution? Please answer YES or NO.
In good faith, MS STRAWMAN looks forward to receiving specific answers to the
foregoing questions within seven (7) days of your receipt of this NOTICE, the dishonour
of which, in the form of another inappropriate, incomplete or non-response, will comprise
the tacit procuration of your agreement that the alleged debt cannot be verified or
validated upon reasonable request, and that CAPITAL TWO BANK (EUROPE) PLC is
concealing material facts pertaining to any existing, and/or previously existing, alleged
agreement of the parties.
Without malice, mischief, ill will, frivolity or vexation, in sincerity and honour,
By: Upper-Case: Lower
Authorised Representative for AGENTS STRAWMAN
Agent in Commerce for MS STRAWMAN (& all derivatives thereof)
Without Prejudice Without Recourse Non-Assumpsit
Errors & Omissions Excepted
The following notice was then duly served on Robin Hoody:
PRIVATE & CONFIDENTIAL
ROBIN HOODY
CAPITAL TWO BANK (EUROPE) PLC
PO BOX 666
10 September 2009
NOTICE OF DEFAULT
NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT
Dear ROBIN HOODY,
While I am certainly no legal expert or a practicing member of the Law Society, it has
come to my attention, following extensive research on the banking industry, as well as
diligent study of the statutes governing Consumer Credit Agreements, that there is every
reason to believe that CAPITAL TWO BANK (EUROPE) PLC is not Holder-in-dueCourse of the original loan agreement (promissory note), and/or CAPITAL TWO BANK
(EUROPE) PLC may be in breach of the alleged existing agreement, concerning the
above referenced account.
Therefore, I am once again serving notice of MS STRAWMANs intention to discharge
the alleged debt in full, using the same specie of money that CAPITAL TWO BANK
(EUROPE) PLC used to fund the alleged loan, provided that the clearly expressed terms
of the NOTICE OF CONDITIONAL ACCEPTANCE dated 11 August 2009 are fully
satisfied, and MS STRAWMAN receives specific answers to the following questions:
1. According to the alleged loan agreement, did CAPITAL TWO BANK (EUROPE) PLC
lend its own money as adequate consideration to purchase the promissory note (loan
agreement) from MS STRAWMAN? Please answer YES or NO.
2. According to the relevant bookkeeping entries, did CAPITAL TWO BANK
(EUROPE) PLC lend its own money as adequate consideration to purchase the
promissory note (loan agreement) from MS STRAWMAN? Please answer YES or NO.
3. According to the alleged loan agreement, was MS STRAWMAN to provide valuable
consideration to fund the alleged loan(s)? Please answer YES or NO.
4. According to the relevant bookkeeping entries, did CAPITAL TWO BANK
(EUROPE) PLC accept anything of value from MS STRAWMAN that was used to give
value to a cheque, electronic transfer or similar instrument, of approximately the same
value of the alleged loan(s)? Please answer YES or NO.
5. Did CAPITAL TWO BANK (EUROPE) PLC follow UK GAAP (the Generally
Accepted Accounting Principles of the United Kingdom) in the execution of the alleged
loan(s)? Please answer YES or NO.
6. Can CAPITAL TWO BANK (EUROPE) PLC provide evidence that its chartered
accountant and auditor at the time of the alleged loan(s) can confirm that it followed UK
GAAP in the execution of the alleged loan(s)? Please answer YES or NO.
7. Was it the intent of the alleged loan agreement that the party who funded the loan(s) is
the party that is to be repaid the money? Please answer YES or NO.
8. Have all the material facts of the alleged loan(s) been fully disclosed in the alleged
loan agreement? Please answer YES or NO.
9. According to the alleged loan agreement, was MS STRAWMAN obliged to lend the
promissory note to CAPITAL TWO BANK (EUROPE) PLC or another financial
institution, in order to fund the alleged loan(s)? Please answer YES or NO.
10. Was the alleged loan agreement, and/or any and all other documents and/or
instruments affixed thereto, registered as a Bill of Sale within seven (7) days of its
alleged execution? Please answer YES or NO.
In good faith, MS STRAWMAN looks forward to receiving these items within seven (7)
days of your receipt of this NOTICE REQUESTING ADEQUATE ASSURANCE OF
DUE PERFORMANCE.
Without malice, mischief, ill will, frivolity or vexation, in sincerity and honour,
By: Upper-Case: Lower
Authorised Representative for AGENTS STRAWMAN
Agent in Commerce for STRAWMAN (& all derivatives thereof)
Without Prejudice Without Recourse Non-Assumpsit
Errors & Omissions Excepted
Meanwhile, back in the land of the third party interlopers
PRIVATE & CONFIDENTIAL
NEIL MACFUCK, DIRECTOR
MACFUCK DEBT RECOVERY LIMITED
2 HEARTLESS GARDENS
HOCKPORT HP66 6FU
29 August 2009
NOTICE OF DEFAULT
NOTICE TO PRINCIPAL IS NOTICE TO AGENT
NOTICE TO AGENT IS NOTICE TO PRINCIPAL
Dear NEIL MACFUCK,
Re: Account Number: XXXX XXXX XXXX XXXX
Following your dishonour of the NOTICE OF CONDITIONAL ACCEPTANCE dated 11
August 2009, and the NOTICE OF DISHONOUR & OPPORTUNITY TO CURE dated
19 August 2009, MISS STRAWMAN hereby serves NOTICE OF DEFAULT.
The failure of your company to provide the reasonably requested validation and
verification of the alleged debt comprises the tacit procuration of MACFUCK DEBT
RECOVERY LIMITEDs agreement that it has aggressively and unfairly attempted to
collect an invalid claim, and in so doing, your company has caused injury to MISS
STRAWMAN, for which the injured party is legally entitled to make a commercial claim
for at least three times the value of your companys invalid claim, plus the alleged
principal, in the event that all available private administrative remedies have already been
exhausted.
Without malice, mischief, ill will, frivolity or vexation, in sincerity and honour,
By: Upper-Case: Lower
Authorised Representative for AGENTS STRAWMAN
Agent in Commerce for MISS STRAWMAN (& all derivatives thereof)
Without Prejudice Without Recourse Non-Assumpsit
Errors & Omissions Excepted
After another unworthy effort was received by Robins lawyers, the following notice was
suitably dispatched, with a similarly styled missive going to their incresingly sleepless
client
PRIVATE & CONFIDENTIAL
DENY EVERYTHING PARTNERS
BULLSHIT HOUSE
NOXIOUS CITY NC6 66FU
15 September 2009
NOTICE OF INVALID CLAIMS
NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT
Dear DENY EVERYTHING PARTNERS,
Re: Account Number: XXXX XXXX XXXX XXXX
Following your letters dated 10 and 14 September 2009, in relation to the ongoing
commercial dispute between MS STRAWMAN and your client, CAPITAL TWO BANK
(EUROPE) PLC SERVICES EUROPE LIMITED, I hereby serve NOTICE OF INVALID
CLAIMS.
With all due respect, the palpable implication within your assertion that the facts of
Wilson v First County Trust Ltd bear no relation to the alleged argument put forward
by MS STRAWMAN and the undersigned Agent in Commerce; to wit, that the
provisions of the Consumer Credit Agreement 1974 (the Act) do not apply to your client
in relation to this matter, is hereby rejected as erroneous. For your information, MS
STRAWMAN takes the position that it is the legal precedent set by the Wilson case that
is relevant on this occasion. In paragraph 29 of the 2003 House of Lords ruling on Wilson
v First County Trust Ltd, referring to the Act, Lord Nicholls stated that:
The courts powers under section 127(1) are subject to significant qualification in two
types of cases. The first type is where section 61(1) (a), regarding signing of agreements,
is not complied with. In such cases the court shall not make an enforcement order unless
a document, whether or not in the prescribed form, containing all the prescribed terms,
was signed by the debtor: section 127(3). Thus, signature of a document containing all
the prescribed terms is an essential prerequisite to the courts power to make an
enforcement order.
Furthermore, the esteemed barrister and draftsman of the Consumer Credit Agreement
1974, Francis Bennion, stated on his own website:
I included the provision in question (section 127(3)) entirely on my own initiative. It
seemed right to me that if a creditor company couldnt be bothered to ensure that all the
prescribed particulars were accurately included in the credit agreement it deserved to find
it unenforceable, and that the court should not have the power to relieve it of this penalty.
Nobody queried this, and it went through Parliament without debate. Im glad the House
of Lords has now vindicated my reasoning and confirmed that nobodys human rights
were infringed.
Therefore, since the Act is still in full force and effect, and the above referenced section
127(3) has not been repealed by any subsequent Act of Parliament, it seems reasonable to
presume that the eventual resolution of this disputed debt will be determined by the
provisions of the Act in question, which is applied to all consumer credit agreements in
the United Kingdom.
Moreover, the claim that your client has delivered the items repeatedly requested in order
to validate and verify the alleged debt is entirely incorrect, as is any implication and/or
assertion that your client is not legally required to give adequate assurance of due
performance upon request. The only items that have been received are: an unverified
digital record of an electronic credit application; a set of photocopied statements of
account; and a photocopied consumer credit agreement, which clearly states on the first
page, CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT
ACT 1974, but does not bear either the name or the signature of the alleged debtor,
while the questions posed in the NOTICES REQUESTING ADEQUATE ASSURANCE
OF DUE PERFORMANCE remain unanswered.
Finally, serving notice that it has advised its client to proceed accordingly in respect of
issuing proceedings to recover the alleged debt, and/or forwarding the file to one of its
external agents for collection seems somewhat belated, since CAPITAL TWO BANK
(EUROPE) PLC has already forwarded the file to MACFUCK DEBT RECOVERY,
which hasnt been able to verify or validate the alleged debt upon request.
For the avoidance of doubt, MS STRAWMAN does not consent to your request to cease
corresponding with either DENY EVERYTHING PARTNERS and/or your client; until
such time that this matter has been settled and closed.
Without malice, mischief, ill will, frivolity or vexation, in sincerity and honour,
By: Upper-Case: Lower
Authorised Representative for AGENTS STRAWMAN
Agent in Commerce for MS STRAWMAN (& all derivatives thereof)
Without Prejudice Without Recourse Non-Assumpsit
Errors & Omissions Excepted
Goodnight Vienna for the fourth set of 3rd party interlopers
PRIVATE & CONFIDENTIAL
NEIL MACFUCK, DIRECTOR
MACFUCK DEBT RECOVERY LIMITED
2 HEARTLESS GARDENS
HOCKPORT HP66 6FU
16 September 2009
NOTICE OF COMMERCIAL INJURY CLAIM
NOTICE TO PRINCIPAL IS NOTICE TO AGENT
NOTICE TO AGENT IS NOTICE TO PRINCIPAL
Dear NEIL MACFUCK,
Re: Account Number: XXXX XXXX XXXX XXXX
Following the service of the NOTICE OF DEFAULT dated 29 August 2009, and the
subsequent receipt of your companys letter, signed in blue ink by Mrs K Murray, MISS
STRAWMAN hereby serves NOTICE OF COMMERCIAL INJURY CLAIM.
In response to the issues raised by Mrs K Murray, I can confirm that, to the best of her
knowledge, the Authorised Representative for MISS STRAWMAN did in fact open the
above referenced account, and subsequently used some of the available services and
facilities. However, she now believes that material facts pertaining to the alleged
agreement of the parties may have been concealed by your client, thereby vitiating it, ab
initio; that any existing or previously existing consumer credit agreement (promissory
note) may have been lost, altered, deposited in the wrong account, sold or stolen; and that
your client may have perpetrated a fraud in the factum against MISS STRAWMAN, for
which its debt collection agents are held jointly and severally liable because of their
dishonourable lack of due diligence before proceeding with collection.
For the avoidance of doubt, it has already been established administratively that the
failure of your company to validate and verify the alleged debt comprises the tacit
procuration of MACFUCK DEBT RECOVERY LIMITEDs agreement that it has
aggressively and unfairly attempted to collect an invalid claim, and in so doing, your
company has caused injury to MISS STRAWMAN, for which the injured party intends to
file a commercial injury claim for TWO THOUSAND, THREE HUNDRED & SIXTY
EIGHT POUNDS STERLING & SIXTY FOUR PENCE, in the event that all available
private administrative remedies have been exhausted.
Without malice, mischief, ill will, frivolity or vexation, in sincerity and honour,
By: Upper-Case: Lower
Authorised Representative for AGENTS STRAWMAN
Agent in Commerce for MISS STRAWMAN (& all derivatives thereof)
Without Prejudice Without Recourse Non-Assumpsit
Errors & Omissions Excepted
Well would you credit it, within 3 days of receiving that MACFUCK sent a letter thanking
STRAWMAN for bringing the matters to their attention and insisted that the account was
not closed, with all the related correspondence being forwarded to their former client, to
whom the following notice was duly served:
PRIVATE & CONFIDENTIAL
ROBIN HOODY
CAPITAL TWO BANK (EUROPE) PLC
PO BOX 666
25 September 2009
NOTICE OF LIEN INTEREST & COMMERCIAL INJURY CLAIM
NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT
Dear ROBIN HOODY,
Re: Account Number: XXXX XXXX XXXX XXXX
Following your dishonour of the NOTICE OF CONDITIONAL ACCEPTANCE dated 27
July 2009, the NOTICE OF DISHONOUR & OPPORTUNITY TO CURE dated 07
August 2009, the NOTICE REQUESTING ADEQUATE ASSURANCE OF DUE
PERFORMANCE dated 21 August 2009, the NOTICE OF DISHONOUR &
OPPORTUNITY TO CURE dated 31 August 2009, and the service of the NOTICES OF
DEFAULT, dated 17 August and 10 September 2009 respectively, all served by Royal
Mail Recorded Delivery, MS STRAWMAN hereby serves NOTICE OF LIEN
INTEREST & COMMERCIAL INJURY CLAIM.
With firsthand knowledge of the evidence, I also hereby certify that the Authorised
Representative for MS STRAWMAN believes that material facts pertaining to the alleged
agreement of the parties may have been concealed by CAPITAL TWO BANK
(EUROPE) PLC, thereby vitiating it, ab initio; that any existing or previously existing
consumer credit agreement (promissory note) may have been lost, altered, deposited in
the wrong account, sold or stolen; and that your company may have perpetrated a fraud in
the factum against MS STRAWMAN, for which its debt collection agents are held jointly
and severally liable because of their dishonourable lack of due diligence before
proceeding with collection.
Pursuant to the clearly expressed terms of the above referenced NOTICES, MS
STRAWMAN is claiming TWO THOUSAND, FIVE HUNDRED & NINETEEN
POUNDS STERLING, in compensation for the injury caused, plus any and all further
costs incurred.
CAPITAL TWO BANK (EUROPE) PLC has seven (7) days from service of this notice
to raise any issues, disputes or counterclaims pertaining to this matter, or to deliver an
appropriate offer of settlement, in order to prevent further action.
Without malice, mischief, ill will, frivolity or vexation; in sincerity and honour,
By: Upper-Case: Lower
Authorised Representative for AGENTS STRAWMAN
Agent in Commerce for MS STRAWMAN (& all derivatives thereof)
Without Prejudice Without Recourse Non-Assumpsit
Errors & Omissions Excepted
When the lawyers tried to argue that an unsigned agreement without a name on it, a set
of photocopied statements and an undated printout of somebody making an electronic
credit card application were enough to validate and verify the alleged debt, it was clear
that they had no sustainable evidence that their clients lent any money.
PRIVATE & CONFIDENTIAL
DENY EVERYTHING PARTNERS
BULLSHIT HOUSE
NOXIOUS CITY NC6 66FU
26 September 2009
NOTICE COMMERCIAL INJURY CLAIM
NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT
Dear DENY EVERYTHING,
Pursuant to the clearly expressed terms of the NOTICE OF LIEN INTEREST &
COMMERCIAL INJURY CLAIM dated 25 September 2009, MS STRAWMAN is
claiming TWO THOUSAND, FIVE HUNDRED & NINETEEN POUNDS STERLING
from your company and each of its agents, in compensation for the commercial injuries
caused, plus any and all further costs incurred during any and all further administrative
and/or judicial proceedings deemed to be necessary. For the avoidance of doubt, nothing
expressed in this notice can be construed as any form of waiver of MS STRAWMANs
legal and/or lawful rights to proceed with this claim against CAPITAL TWO BANK
(EUROPE) PLC SERVICES EUROPE LIMITED and its debt collection agents.
Without malice, mischief, ill will, frivolity or vexation; in sincerity and honour,
By: Upper-Case: Lower
Authorised Representative for AGENTS STRAWMAN
Agent in Commerce for MS STRAWMAN
Without Prejudice Without Recourse Non-Assumpsit
Errors & Omissions Excepted
Then, on the 5th of November 2009, a Commercial Lien was served upon the Chief
Executive Officer.
Affidavit of Obligation
Commercial Lien
the Parties:
AGENTS STRAWMAN for & on behalf of STRAWMAN
STRAWMANS ADDRESS
Hereinafter known as Lien Claimant
V
ROBIN HOODY for & on behalf of CAPITAL TWO BANK (EUROPE) PLC
PO BOX 666
Hereinafter known as Lien Debtor 1, unless otherwise stated
& its Agent
NEIL MACFUCK for & on behalf of MACFUCK DEBT RECOVERY LIMITED
2 HEARTLESS GARDENS, HOCKPORT HP66 6FU
Hereinafter collectively known as Lien Debtors, which shall include Lien Debtor 1
without limitation
Bouviers Maxims
Contra veritatem lex numquam aliquid permittit. The law never suffers anything contrary
to truth. 2 Co. Inst. 252. But sometimes it allows a conclusive presumption in opposition
to truth. See 3 Bouv. Inst. n. 3061.
Contractus ex turpi causa, vel contra bonos mores nullus est. A contract founded on a
base and unlawful consideration, or against good morals, is null. Hob. 167; Dig. 2, 14,
27, 4.
Culpa lata aequiparatur dolo. A concealed fault is equal to a deceit.
Ei incumbit probatio qui dicit, non qui negat. The burden of the proof lies upon him who
affirms, not he who denies. Dig. 22, 3, 2; Tait on Ev. 1; 1 Phil. Ev. 194; 1 Greenl. Ev. Sec.
74; 3 Louis. R. 83; 2 Dan. Pr. 408; 4 Bouv Inst. n. 4411.
Error qui non resistitur, approbatur. An error not resisted is approved. Doct. & Stud. c. 70.
Ex dolo malo non oritur action. Out of fraud no action arises. Cowper, 343; Brooms
Max. 349.
Ex facto jus oritur. Law arises out of fact; that is, its application must be to facts.
Ex tota materia emergat resolutio. The construction or resolution should arise out of the
whole subject matter.
Fraus est celare fraudem. It is a fraud to conceal a fraud. 1 Vern. 270.
Fraus latet in generalibus. Fraud lies hid in general expressions.
Idem est facere, et nolle prohibere cum possis. It is the same thing to do a thing as not to
prohibit it when in your power. 3 Co. Inst. 178.
Incerta pro nullius habentur. Things uncertain are held for nothing. Dav. 33.
Incerta quantitas vitiat acium. An uncertain quantity vitiates the act. 1 Roll. R.
Invito beneficium non datur. No one is obliged to accept a benefit against his consent.
Dig. 50, 17, 69. But if he does not dissent he will be considered as assenting. Vide Assent.
Judex damnatur cum nocens absolvitur. The judge is condemned when the guilty are
acquitted.
Judicium non suo judice datum nullius est momenti. A judgment given by an improper
judge is of no moment. 11 Co. 76.
Manga negligentia culpa est, magna culpa dolus est. Gross negligence is a fault, gross
fault is a fraud. Dig 50, 16, 226.
Magna culpa dolus est. Great neglect is equivalent to fraud. Dig. 50, 16, 226; 2 Spears, R.
256; 1 Bouv. Inst. n. 646.
Peccatum peccato addit qui culpae quam facit patrocinium defensionis adjungit. He adds
one offence to another, who, when he commits a crime, joins to it the protection of a
defence. 5 Co. 49.
Quando do una et eadem re, duo onerabiles existunt, unus, pro insufficientia alterius, de
integro onerabitur. When two persons are liable on a joint obligation, if one makes default
the other must bear the whole. 2 Co. Inst. 277.
Qui non libere veritatem pronunciat, proditor est verilatis. He, who does not willingly
speak the truth, is a betrayer of the truth.
Qui non obstat quod obstare potest facere videtur. He who does not prevent what he can
seems to commit the thing. 2 Co. Inst. 146.
Qui non prohibit quod prohibere potest assentire videtur. He, who does not forbid what he
can forbid, seems to assent. 2 Inst. 305.
Qui non propulsat injuriam quando potest, infert. He, who does not repel a wrong when
he can, induces it. Jenk. Cent. 271.
Qui tacet consentire videtur. He who is silent appears to consent. Jenk. Cent. 32.
Reprobata pecunia liberat solventum. Money refused liberates the debtor. 9 Co. 79.
English Law
BILLS OF EXCHANGE ACT 1882
43 Dishonour by non-acceptance and its consequences
(1) A bill is dishonoured by non-acceptance(a) when it is duly presented for acceptance, and such an acceptance as is prescribed by
this Act is refused or cannot be obtained; or
(b) when presentment for acceptance is excused and the bill is not accepted.
(2) Subject to the provisions of this Act when a bill is dishonoured by non-acceptance, an
immediate right of recourse against the drawer and indorsers accrues to the holder, and no
presentment for payment is necessary.
Ledgering:
This Commercial Lien is ledgered at treble the value of Lien Debtors invalid claims of
839.66 Pounds Sterling (or functional currency of the UNITED KINGDOM OF GREAT
BRITAIN AND NORTHERN IRELAND, &/or its successors), plus 839.66 Pounds
Sterling (or functional currency of the UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND, &/or its successors), the amount alleged to be outstanding by
Lien Debtors.
TOTAL AMOUNT OWED BY CAPITAL TWO BANK (EUROPE) PLC GBP
2,519.00
TOTAL AMOUNT OWED BY MACFUCK DEBT RECOVERY LIMITED GBP
2,519.00
TOTAL AMOUNT OWED TO LIEN CLAMANT BY LIEN DEBTORS
FIVE THOUSAND & THIRTY EIGHT GB POUNDS STERLING GBP 5,038.00
Sureties:
Sureties for the value of this Commercial Lien are the assets of CAPITAL TWO BANK
(EUROPE) PLC, MACFUCK DEBT RECOVERY LIMITED, including, without
limitation, any and all property, products, proceeds, bank accounts, fittings and fixtures,
held or administered at Lien Debtors registered offices.
Default:
In the event of Lien Debtors default; should payment in full not be received by Lien
Claimant from Lien Debtors within thirty (30) days of notice of said default, triple
damages plus costs will be added to the value of this Commercial Lien and the public
liability insurance policies of Lien Debtors may be seized in order to satisfy any
remaining value.
If this Commercial Lien has not been satisfied in full within ninety (90) days of service,
Lien Claimant reserves the right to issue any and all recovery proceedings deemed to be
necessary, as well as the right to claim exemplary damages for the commercial injuries
caused, which will be charged at ONE HUNDRED TIMES THE VALUE OF THIS
COMMERCIAL LIEN.
AFFIRMATION
I, Upper-Case: Lower, in my capacity as Agent in Commerce for STRAWMAN (Lien
Claimant), and with firsthand knowledge of the facts of the matter, hereby affirm upon
my own unlimited commercial liability and under penalty of perjury, that I have read all
of the contents of pages 1-8 of this Affidavit of Obligation, and to the very best of my
knowledge, I believe that the facts expressed herein are true, correct and complete.
______________________________________________
By: Upper-Case: Lower
Authorised Representative for AGENTS STRAWMAN
Agent in Commerce for STRAWMAN (& all derivatives thereof)
All Rights Reserved Without Recourse Non-Assumpsit
Errors & Omissions Excepted
VERIFICATION
Affirmed, autographed and sealed (with a red thumbprint) before me, __________,
Notary Public, on the fifth day of the month of November, in the year two thousand and
nine AD.
Notary Public: Seal:
Signature:_______________________________________
NOTICE is hereby given that the Lien Debtors has seven (7) days following receipt of
this Affidavit of Obligation to rebut, deny, or otherwise prove invalid the allegations
contained herein, by delivering an appropriate and timely response to the notarys office
referenced above. Failure to rebut, deny or otherwise disprove any of the allegations,
upon full commercial liability and under penalty of perjury, will be construed as Lien
Debtors affirmation that said allegations are true, correct and complete.
Void where prohibited by law.