User Address 1
User Address 2
User Address 3
5th January, 2010
Tracking Number: ___________________
Protagonist Address 2
Protagonist Address 3
Notice and Demand
DO NOT IGNORE THIS NOTICE
Notice to Principal is Notice to Agent; Notice to Agent is Notice to Principal.
Regarding Reference: Reference or Account, your correspondence dated 15th January, 2009.
Thank you for your letter of 15th January, 2009. Notice is hereby given that your claims are insufficient and are hereby refused for cause, without dishonour, due to the fact that you have presented no evidence of your capacity as either:
bona fide party to any contract in which I am also a party; or
2. an agent of a bona fide party to any contract in which I am also a party; or
3. a holder in due course of any debt to which I am obligated.
4. evidence of the validity of the original alleged contract.
Stories of companies falsely claiming money to which they are not entitled are rife. Absent any evidence of capacity, I have no obligation to either confirm or deny any contractual relationship with the alleged creditor mentioned in your correspondence, or yourselves. Accordingly, you are hereby given notice that you are in a condition of estoppel with regard to your claims. Upon receipt of reasonable evidence of sufficient capacity I will give this matter timely attention. I will deem the following to be sufficient evidence:
A complete copy of any and all contracts which affect or affected your relationship with the alleged principal, as they apply to the above-referenced matter. Said contracts must be certified "true, correct, and complete" by affidavit signed under penalty of perjury, by a principal officer of your company in a position to know all the details of your company's relationship with the alleged principal, in his or her personal capacity. The affidavit must also either completely describe any additional verbal, constructive, or implied contracts you have with the alleged principal affecting this matter, or else certify that no such additional contracts exist or existed.
I hereby give you ten (10) days to reply to this notice from the date you receive this communication with a notice sent using recorded post and signed under full commercial liability and penalty of perjury, assuring and promising me that all of the replies and details given to the above requests are true, correct and complete and without deception, fraud or mischief. Your failure to provide all of the aforementioned documentation in the manner described within ten (10) days from the date you receive this communication constitutes your agreement to the following terms:
that you are or were a third party interloper;
2. that you have or had no legal standing;
3. that you have or had no first-hand knowledge of this matter;
4. that your claim is or was fraudulent;
5. that you will pursue this matter no further.
Further, you agree:
6. that you accept liability for any damages I suffer or suffered as a result of your actions;
7. that any negative remarks made to a credit reference agency will be removed and confirmation of said removal sent to me within thirty days of this communication;
Please be advised that I am keeping a written record of all correspondence in this regard and therefore do not consent to discuss this matter over the telephone. Any future communications must be written, otherwise you are hereby given notice that they will be ignored without dishonour on my part. Any telephone calls regarding this matter, whether by an actual person, or a computerised system, or personal visits; will be deemed harassment and dealt with accordingly.
If you wish to provide evidence of your capacity as either Agent, or Holder in Due Course, Notice is hereby given that in addition to the above, as Agent you would be subject to the same terms and conditions as the original alleged contract. As Holder in Due Course you would be subject to the same duties and obligations as the original party. In either case I will require evidence of the validity of the original contract, as I have a reasonable expectation that you would do if you did not want to run the risk of acting illegally. If you did not satisfy yourselves as to the validity of the original contract when becoming either Agent or Holder in Due Course, it would show a profound failure in your due diligence and duty of care. If you did so satisfy yourselves, the required information should be readily to hand.
Inexperienced and vulnerable people are easily intimidated into making payments by what would appear to be unsubstantiated threats. At this moment I am not in possession of any evidence that supports such threats. That is precisely what I am requesting. If, in the event, no such evidence is forthcoming, the offering of these threats passes from mere negligence into the realms of criminal activity.
Any previous acknowledgement by me of any alleged debt is hereby withdrawn as having been obtained under duress.
Please notice that the commonly accepted principles of good faith demand that if you have any reasonable objections to this Notice and Demand, that you immediately state any and all such objections and not harbour any hidden objections with which to surprise me later. Therefore it is my reasonable expectation that should you not offer any specific objections to any part of this Notice and Demand, sent to me by recorded delivery within ten (10) days from your receipt of same, that I may presume your agreement to the above terms.
I will presume silence to mean acquiescence in all these matters.
sincerely without ill-will, vexation or frivolity,
User: of the Signature family
Without any admission of any liability whatsoever, and with all Natural, Inalienable Human Rights reserved.