would this be a suitable letter to kick things off so to speak, advice gladly receved.
Mr Peter Ibbeston(NICE CHAP, HE'S ON YOU-TUBE EXPLAINING THOES WHO KICK OFF THE MOST, GET PAID FIRST)
Manchester Business Accounts Centre
P.O. Box 4312
1 Hardman Boulevard
The Office Of Fair Trading
Dear Mr Ibbeston (Peter)
I am contacting you with regard to a NAT WEST business bank account held with yourselves at the ____________ branch of the Nat West.
Account Number ________ Sort code ________
MR _____ has been unable to avoid the inevitable crash in the market place and has become a victim of the banking industry and their practices, such as fractional reserve lending. This along with the fact the country is managed and maintained in a state of permanent bankruptcy by the Government for the benefit of the privately owned company known as the “BANK OF ENGLAND”, a banking institution ran for profit rather than the overall financial stability of the serf’s of the United Kingdom.
It would also appear that only banking institutions are eligible for bailouts. Financed through the borrowing of fiat currency from THE BANK “OF” ENGLAND, with that debt secured in the form of gilts issued by the Government. These factors have definitely helped to create a shortfall in the balance sheet for MR _______ and hundreds, if not thousands of people like him.
Due to NAT WEST, the company you represent, it’s mother ship the RBS, the various subsidiaries and other companies in the financial field having brought on, or a more correctly created the current economic situation, I expect and require nothing less than your full help and cooperation with respect to the claimed outstanding balance for the account. This has not been the case thus far.
MR _______ first contacted the NAT WEST a long time ago with regard to the account. MR _______ attended a meeting with a NAT WEST business managers at the _______ branch of the NAT WEST. This meeting did not provide any positive help for MR _______. Your representative made it clear that he would not be able to look into any solutions that could be available to MR ______ due to his pending holiday. This unwillingness of your representative to discuss or implement any proposals offered by MR _______ was disconcerting. However your representative informed MR _______ that he would communicate the proposals put forward by MR _______ to his manager and his manager would contact MR _______. No manager ever contacted MR _______.
MR _______ was left alone and let down, with the task of dealing with his business finances and attempting to save his livelihood, without the help of the NAT WEST - a major financial institution and business creditor that he had previously trusted, banked with since first starting employment and is a customer with in not only the business banking sector.
NOTE: During the meeting at ______ branch of the NAT WEST, MR _______ requested that if no help was available from the NAT WEST, then could the bank please freeze the interest on the account. This was requested due to other financial commitments that MR _______ has with the NAT WEST, other creditors and both private and public financial responsibilities.
Due to the apparent unwillingness of the NAT WEST to assist MR _______ any further in respect to his business, MR _______ has been obliged to seek advice from other sources in regard to debt and business matters. The Government web site (removed to post reply) provides advice on dealing with debt matters but more specifically they list the priority of the debt.
Step one - make a list of everything you owe
You should sort out exactly what you owe and who you owe it to. The people you owe money to are known as your creditors. If you owe money, you are known as a debtor.
Step two - put your debts in order of importance
The most important debts are known as ‘priority debts’ and they aren't always the biggest ones. Priority debts are ones where serious action can be taken against you if you don't pay what you owe. For example, you could lose your home, be disconnected from a service or even go to prison.
Priority debts usually include things like:
You need to sort out payments on your priority debts first.
Non-priority debts include things like:
credit card and store card payments
home-collected credit - like a Provident loan where the agent collects payments weekly
money you've borrowed from family or friends
MR _______ has prioritised his debt in the order recommended on the Government website.
It should also be noted that: due to MR _______ having other financial obligations attributed to him with the NAT WEST and the fact that this is the leverage tool the NAT WEST are using against MR _______ and third parties, it is apparent that the NAT WEST will be fully aware that MR _______ is prioritising in the order recommended. The NAT WEST are therefore again aware that they would be in receipt of interest payments from MR _______ from other sources, even if the NAT WEST had frozen the interest on the account ____________________________as requested.
Recent contact with your company, namely the NAT WEST Business Account Centre shows that NAT WEST service to customers has not improved. Telephone conversations with your representatives subsequent to NAT WEST Business Banking contacting, by letter, a third party to discuss and make threats of financial repercussions, to be levied against the third party for the account of _______________________. In further telephone conversations with your representatives it was confirmed, on two subsequent occasions, that this is standard operating procedure for the NAT WEST. It is therefore apparent that your actual company policy is in breach of the:
“Administration of Justice Act 1979”
Part V Section 40
(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
© falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
(2) A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.
“The Office of fair trading document OFT664” guidelines.
Creditors are warned by the Office of Fair Trading under the Debt Collection Guidance that the following practices are "considered unfair":
“IT IS UNFAIR TO COMMUNICATE, IN WHATEVER FORM, WITH CONSUMERS IN AN UNCLEAR, INACCURATE OR MISLEADING MANNER.”
Letters that look like court claims
Not making it clear who the company is or what their role is
Unhelpful legal language
Not giving balance statements about the debt when asked
Contacting you at unreasonable times even when asked not to
Asking you to contact them on premium rate phone numbers
“ THOSE CONTACTING DEBTORS MUST NOT BE DECEITFUL BY MISREPRESENTING THEIR AUTHORITY AND/OR THE CORRECT LEGAL POSITION.”
Claiming to work for the court or be a bailiff
Implying action can be taken that is not legally possible such as implying they could take your property
Using a business name or logo that implies they are a government body
Implying that court action has been taken against you when it hasn’t
Implying not paying your debt is a criminal offence
Threatening to take court action in England if you live in Scotland or the other way round.
“ PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE.”
Contacting you too frequently
Pressurising you to sell property or take out more debt
Using more than one collection company at the same time or not telling you when your debt has been passed to another company
Pressurising you to pay in full or in large instalments you cannot afford
Making threatening gestures or statements
Ignoring disputes about whether you owe the money
Trying to embarrass you in public or threatening to tell a third party about your debts such as a neighbour or your family.
“ DEALINGS WITH DEBTORS ARE NOT TO BE DECEITFUL AND/OR UNFAIR.”
Sending letters addressed to “the occupier” or discussing the debt with someone without knowing if they are you
Refusing to deal with an adviser acting on your behalf
Not accepting reasonable offers or passing on payments you make
Refusing to freeze action if you dispute the debt
“ CHARGES SHOULD NOT BE LEVIED UNFAIRLY”.
Claiming collection costs when the original credit agreement didn’t allow this to happen and making you think you are legally liable for the costs
Not putting the specific amounts that can be added for collection costs in the original credit agreement
Adding unreasonable charges.
And disclosure of information to a third party regarding the status of MR _______ business account shows that the NAT WEST have knowingly and recklessly shared information protected under the:
“The Data Protection Act 1998”
Section 55 states that.
(1) A person must not knowingly or recklessly, without the consent of the data controller—
(a) obtain or disclose personal data or the information contained in personal data, or
(b) procure the disclosure to another person of the information contained in personal data.
Also the “Health and Safety at Work etc. Act 1974” stipulates:
s. 7 General duties of employees at work.It shall be the duty of every employee while at work—(a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and(b)as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.
s. 37 Offences by bodies corporate.(1)Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.(2)Where the affairs of a body corporate are manged by its members, the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
A telephone call on the (DATE) was made by a third party and answered by a female NAT WEST representative. She informed the third party that this was nothing to do with them and actually it was in connection with a business account held by MR _______, despite what the letter was implying. This telephone conversation occurred at, 16:45hrs.
A further two conversations on the (DATE) between 15:00hrs and 16:45hrs. It was stated by MR _______ “I do not accept that the Nat West can harass or make threats directly or indirectly to a third party for an account not held by that third party”. MR _______ questioned the logic and legality of the NAT WEST acting in such a manner, the reasoning behind this was explained to the first NAT WEST representative on the 10th March. He insisted that this was the case and was unwilling or unable to discuss or justify why the NAT WEST would contact third parties, but he did say, “It was the policy of the Nat West”. He was also unwilling to discuss any remedy for the balancing of the account, putting the telephone down on MR _______. Unfortunately his name was not made available.
A second telephone call on the (DATE) was placed to the NAT WEST Business Centre. The call was answered by a Nat West representative who identified his self as Kevin. MR _______ again stated that he did not accept that the NAT WEST and their representatives were acting in a lawful manner. Again questioning as to why the NAT WEST would contact and make threats to and concerning a third party, regarding a business account held solely by MR _______. Kevin’s response was, “that is the way we (the NAT WEST) do things”. He was in no way shape or form instructed or authorised to enter into discussion for remedy, or negotiate solutions for the alleged balance on the account. The two male members of staff that were contacted on the (DATE) both made reference to NAT WEST’S policy of harassment and third party harassment for the benefit of the NAT WEST.
MR _______ requested discussions face to face with a NAT WEST representative, these requests were also turned down, as were his requests for discussion with a representative with the authority to negotiate or at least discuss a remedy.
Note: It is my wish, and I am requesting that the NAT WEST end all harassment, threats of repercussion, action or claim, financial or otherwise and to uphold the inalienable and unalienable rights of any and all third party(s). I also request a copy of transcripts and/or recordings of all three (3) telephone conversations and details of the NAT WEST representatives. I trust you will supply these within a speedy time frame as dictated by the implications implied by the NAT WEST representatives.
I further require a sworn affidavit confirming No harassment of any kind, against any and all third party(s) with regard to the business account of MR ______
I look forward to hearing from you.