DEBT AGENCY Opportunity to Withdraw

Private and Confidential. Without Prejudice. 

For and on behalf of MR/S…………… 
Your 
Address 
Goes 
here 
[POSTCODE] 

DEBT AGENCY 
Their  
Address 
Goes  
Here 
POSTCODE 

Sent by recorded post 

Date: 2021 

Your Reference: ………….. 
Our Reference: Debt_01 

Notice of Opportunity to Withdraw 

                      Notice to agent is notice to principal, notice to principal is notice to agent. 

DO NOT IGNORE THIS NOTICE. IGNORING THIS NOTICE WILL HAVE LEGAL CONSEQUENCES. 

For the avoidance of doubt this communication does not constitute a complaint or a dispute. 

We do not know to whom to name as the recipient of this communication, as the sender failed in his/her duty of care and did not sign the document dated (DATE) 2021. The action of not signing the document legally means that no living man or woman has taken legal responsibility for the content of the document on behalf of DEBT AGENCY. The very act of not signing the document renders the document ‘void’ and therefore non-legal and unusable in law under current legislation. 

This document will be kept on file as physical presentable evidence as it represents the criminal activities of DEBT AGENCY whether they are aware of this transgression or not. Ignorance of the law is no defence, and all of the representatives of DEBT AGENCY are now culpable under current legislation because one individual failed to sign the document. This is a fact that must be understood. 

There is no recognisable legal means to respond to a demand for payment without a signed bill, see Bills and Exchange Act 1882. The Bills and Exchange Act of 1882 is based on a pre-existing commercial contract, arrangement, or agreement; no standing commercial contract, arrangement, or agreement between Mr/s your NAME and DEBT AGENCY exists. If Mr/s your NAME were to willingly comply with the demand for payment without a commercially recognised bill, then Mr/s your NAME will have knowingly given consent and conspired to a commercially fraudulent action. This in turn would make Mr/s your NAME culpable under current regulation for that action. Mr/s your NAME will not knowingly create that liability or that culpability. 

Profiteering through deception is an act of fraud. See Fraud Act 2006. Insisting or demanding payment without a pre-existing commercial arrangement which is based on presentable fact in the form of a commercial agreement is an act of deception. Payment is a commercial activity. 

There is no named individual at the bottom of the document The very act of there being no name on the document also renders the document void. The company/corporation you are acting on behalf of DEBT AGENCY are potentially engaging in deliberate deception and acts of fraud. Please be aware, company logos/titles do not make claims, they are not living or breathing and cannot speak or write. Men and women can however, so what is the full name of the man or woman making the claim in relation to the alleged debt? 

We now draw your attention to the following: – 

The Companies Act 2006 

“44 Execution of documents. 

  1. Under the law of England and Wales or Northern Ireland a document is executed by a company- 
  1. By the affixing of its common seal, or  
  1. By signature in accordance with the following provisions.  
  1.  A document is validly executed by a company if it is signed on behalf of the company- 
  1. By two authorised signatories, or  
  1. By a director of the company in the presence of a witness who attests the signature.  
  1. The following are “authorised signatories” for the purposes of subsection (2)- 
  1. Every director of the company 
  1. In the case of a private company with a secretary or a public company, the secretary (or any joint secretary) of the company. 
  1. A document signed in accordance with subsection (2) and expressed in whatever words, to be executed by the company, has the same effect as if executed under the common seal of the company.” 

The legal effect of the statute is that documents and deeds must be signed on behalf of the company by a director in the presence of a witness, or by two authorised signatories. Without adherence to these provisions no contracts can be considered duly executed by a company and their terms are therefore legally unenforceable, as was clearly implied when the Court of Appeal endorsed the view of Lewison J in the case of Williams v Redcard Ltd [2011]: 

“For a document to be executed by a company, it must either bear the company’s seal, or it must comply with s.44, In order to take effect as if it had been executed under seal. Subsection (4) requires that the document must not only be made on behalf of the company by complying with one of the two alternative requirements for signature in  

s.44 (2): it must also be “expressed, in whatever words, to be executed by the company. That means that the document must purport to have been signed by persons held out as authorised signatories and held out to be signing on the company’s behalf. It must be apparent from the face of the document that the people signing it are doing something more than signing it on the company’s behalf. It must be apparent that they are signing it on the company’s behalf in such a way that the document is to be treated as having been executed “by” the company for the purposes of subsection (4), and not merely by an agent “for” the company.” 

Fraud Act 2006 

“Section 4, Fraud by abuse of position 

(2), A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.” 

If a named representative from DEBT AGENCY is not able to provide evidence that the ‘letter dated …….’ sent to MR/S YOUR NAME is not a fraud then we will take it that it is a fraud, and the representatives of DEBT AGENCY are now conspiring with it.  

Due to the seriousness of this allegation we need to ensure DEBT AGENCY claim against Mr/s your NAME is lawful. This is a matter of complying with current legislation, without which Mr/s your NAME would be unsuccessful if she were to pursue legal proceedings against the representatives of DEBT AGENCY. We therefore request that a named representative from DEBT AGENCY provides physical presentable evidence of the following:  

  1. Validation of the alleged debt with full accounting 
  1. A copy of the relevant and lawful terms and conditions 
  1. A true and certified copy of the deed of assignment (not notice of assignment)  
  1. Deed of novation; my wet ink signature on a trilateral agreement between each party  
  1. A true and certified copy of the original credit agreement  
  1. Verification of the claim (a sworn affidavit or a signed invoice) 
  1. Evidence that we gave permission to pass the alleged debt to your company  
  1. A signed contract between a representative from DEBT AGENCY and ourselves  

Should a named representative from DEBT AGENCY not be in possession of the aforementioned documents then the representatives of DEBT AGENCY will be deemed to be party to a fraudulent act, and we reserve the right to full recourse through the courts of law.  

Take notice of the following: – 

Fraud is a deliberate action to defraud where the victim of the crime is unaware having no knowledge of a situation or fact. This crime carries a penalty of 7-10 years incarceration and there latter, where there are multiple instances of.  

Malfeasance, Misfeasance, and Nonfeasance are also very serious crimes with a period of incarceration of life in prison. Malfeasance is a deliberate act, with criminal intent to defraud. Ignorance is no defence. Malfeasance has been defined in appellate courts in other jurisdictions as a wrongful act which the actor has no legal right to do; as an act for which there is no authority or warrant of law; as an act which a person ought not to do; as an act which is wholly wrongful and unlawful; as that which an agent has no authority to do and is positively wrong or unlawful; and as the unjust performance of some act which the party performing it has no legal right.  

Crimes of this nature cannot go unpunished. “I was just doing my job” or “I was just following orders” is no excuse.  

Also consider the following: – 

There are some fundamentals to be given consideration before an agreement or a contract is valid and enforceable. 

  1. Full disclosure by the parties. If there is no full disclosure by the parties then the agreement is void from the outset. There would not be any physical presentable evidence to any missing disclosure, but the absence of this material physical evidence is evidence of the fraud. 
  1. Agreed consideration by both parties. There must be a consideration by both parties! There must be material evidence of this consideration. 
  1. There should be a signed agreement by both parties. Without the signature from both parties there is no material evidence to the agreement or contract. 
  1. Must be compliant with the companies act. (See above). 
  1. The very absence of the company seal or signatures from the company is the material evidence of the fact that the activities are fraudulent from the start. 

Do the representatives of DEBT AGENCY wish to proceed any further? 

If so, then the burden of proof is on the individual making the claim to provide the material evidence to support that claim within fourteen (14) days of the date of this notice. If no such evidence is provided there is no obligation for Mr/s your NAME to pay any alleged debt to DEBT AGENCY. 

We await a response as to who is liable for the document.  

We await proof of a verified contract.  

We await proof of all claims made in the document that a representative from DEBT AGENCY sent to the above address.  

If no evidence to support these claims is forthcoming, then the representatives from DEBT AGENCY will be in tacit agreement with us and will have shown yourselves to be the criminals that you are.  

Should any representative from DEBT AGENCY wish to proceed without a substantiated claim, as requested, we will immediately initiate a commercial lien against the CEO to compensate for these fraudulent claims against us.  

Mrs Mr/s your NAME does not expect to be hearing from DEBT AGENCY again, and/or any third party related to this matter, unless it contains ALL MATERIAL EVIDENCE TO SUPPORT DEBT AGENCY CLAIMS as requested, or a written confirmation of withdrawal of proceedings. 

Please be reminded ignoring this notice will have legal consequences.  

Without malice or mischief, in sincerity and honour. 

Yours Sincerely 

For and on behalf of the Principal Legal Embodiment by the title of MRS……………….  
For and on behalf of the Attorney General of the House of ……… 
For and on behalf of Baroness……. of the House of ………

No assured value. No Liability. Errors & Omissions Excepted.
WITHOUT RECOURSE. NON-NEGOTIABLE. NON-ASSUMPSIT.

All Rights Reserved