Without Prejudice – Non Assumpsit – All Rights Reserved
Here are some proposed responses if you have been handed over by your bank, to lawyers for collection AND/OR to initiate legal action against you regarding your home loan, car loan, or credit card loan. The objective is to make the lawyers realize that their client, the bank, does not have proper legal standing, or locus standi, as it is called in legal terms. You have to first understand why this is the case. It is because the loan has been “securitised” by the bank – which means it has been sold to a third party – often called a Special Purpose Company or Special Purpose Vehicle - SPV. Therefore the bank is no longer the owner of the original contract and therefore cannot begin proceedings against you. The SPV could act against you BUT you did not sign a contract with them.
The SPVs take your contract and thousands of others, and they trade these on the stock markets around the world, generating huge revenue without our knowledge or any kind of return to us – whose signatures actually make those contracts valid and valuable. In banking terms these are called “liquid negotiable instruments”. This is “real” kind of money if you want to call it that – with a real value, rather than the worthless pieces of paper we carry in our wallets called money. Those pieces of paper are just “fiat” (worthless) currency that is forced upon us by our governments against our will, not fully understanding how the scam works and how they allow the banks and reserve banks to enslave all of us and profiteer from each and every one of us.
The objective of these email responses is to make the lawyers who are trying to extract money from you on behalf of the bank, aware of these facts. Most of these law firms do not even know this and are doing it blindly, believing that the bank has the right to claim money from you. Once these lawyers are aware of this, and they realize that the bank ,their client, is acting unlawfully, they too are complicit in unlawful activity and you may hold them liable for any damage. Sooner or later the lawyers will decide that they will not take the fall for their powerful clients and choose NOT to represent the banks any further. This is what we are aiming to achieve.
Example of email or letter from the lawyers:
Dear Sir/Madam
HANDOVER OF ACCOUNT xxxxxxxxx BANK CREDIT CARD ACCOUNT: xxxx xxxx xxxx xxxx
We confirm we act on behalf of xxxxxx Bank.
Please take note that your xxxxxxx Bank Account Number xxxx xxxx has been handed to us for collection due to a default on your payment arrangement with our client.
You will receive a Notice in terms of Section 129 of the National Credit Act 34 of 2005 in due course. We request that you urgently contact our offices in order to discuss repayment of this account.
Please contact XXXX on (011) 543 XXXX.
Yours faithfully
Administrator
ATTORNEYS • NOTARIES • CONVEYANCERS
RESPONSE #1 - TO THE LAWYERS
NOTICE:
Without Prejudice – Non Assumpsit – All Rights Reserved
RE: HANDOVER OF ACCOUNT xxxxxxxxxxx BANK CREDIT CARD ACCOUNT: XXXXXX
To: XXXXX XXXXX
In response to your email below - you are attempting to collect money from me unlawfully on behalf of your client.
Your client, xxxxxxxxx BANK OF SOUTH AFRICA LIMITED is acting unlawfully as it does not have the LEGAL STANDING to act against me.
Xxxxxx Bank does not have locus standi to initiate any form of legal action against me.
If you do not understand the meaning of this, it is your duty to inform yourselves fully so that you can make the correct decisions for your own protection.
If you or anyone else from your company xxxxxxxxxx makes any further attempts to harass me or make contact with me in any way regarding this matter, you will be doing so having been fully advised of your status.
Your actions are unlawful and MAY be seen to be fraudulent under the instructions of your client, and are an invasion of my privacy.
Since you are now aware of your status your actions will be complicit with the unlawful activity of your client.
I reserve my rights take all steps necessary to protect myself, which may include the launching of criminal charges without further notice.
in Pure Truth
xxxxxxx of the family xxxxxxx
All rights reserved - without prejudice - non Assumpsit.
RESPONSE #2 - TO THE LAWYERS
After you have received a second letter/email in which they ignore your first response.
To: xxxxxxx
NOTICE: All rights reserved - Without Prejudice - Without Recourse
I draw your attention to my previous email (inserted below) which you have bluntly ignored.
You may be involved in illegal and unlawful activity on behalf of your client, xxxxx Bank, and complicit in possible extortion and fraud. Hiding or supporting unlawful activity makes your company complicit in criminal activity. This includes the directors and all employees involved in such actions. I reserve all my rights with respect to the content of this communication and the inserted email below.
(Insert your first email HERE)
RESPONSE #3 - TO THE LAWYERS
In response to your email below - TAKE NOTE:
NOTICE:
On two previous occasion I have informed you of the facts contained herein - you are now in breach.
This is my third notice to you.
You continue communicating with me unlawfully and against my will.
You continue attempting to collect money from me unlawfully on behalf of your client.
NOTICE:
The presentation of an unofficial document or so-called statement does not constitute Locus Standi to act against me by your client.
You are being fooled by your client xxxxxxxx BANK into believing that they have legal standing.
NOTICE:
I strongly suggest that you inform yourselves fully, and demand that your client, xxxx Bank, presents you with irrefutable proof that they have the legal standing or Locus Standi to proceed against me.
If you do not understand the meaning of this, it is your duty to inform yourselves fully for your own protection.
NOTICE:
I stress again that your client, xxxxxxx Bank, does not have locus standi to initiate any form of legal action against me.
You have been fully informed of this situation and your status, on two previous occasions and therefore you are now acting unlawfully on your own accord.
You are complicit in possible fraud and extortion instigated by your client unlawfully.
I will hold you, your company and its directors liable for any costs, expense and damages that may arise out of your continued involvement in this matter.
NOTICE:
Inform yourselves, do not be foolish about this.
If you or anyone else from your company xxxxxxxxxx makes any further attempts to harass me or make contact with me in any way, you will be doing so having been fully advised of your status.
I reserve my rights to take all steps necessary to protect myself, which may include the launching of criminal charges without further notice.
NOTICE: MY SCHEDULE OF FEES AND COSTS
The following fees will apply if I have to enter into any further communication with you or your office against my will.
1) R5000 for every email I receive from you or your office.
2) R5000 for every phone call or SMS I receive from you.
3) R10,000 for every email OR letter I have to write or respond to, related to your communication with me.
4) R100,000 per day, or any part thereof, for every court appearance by me, OR having to seek legal counsel by me, as a result of your actions or communication with me.
NOTICE:
I will deal with your client today regarding the so-called and unlawful statement that they forwarded to you. I will dismiss the claim of any obligation therein by dealing directly with the Chief Financial Officer of xxxx BANK in my own right. You do not have my permission or any right to interfere in this process.
In pure truth
xxxxxx xxxxxx
Here are some proposed responses if you have been handed over by your bank, to lawyers for collection AND/OR to initiate legal action against you regarding your home loan, car loan, or credit card loan. The objective is to make the lawyers realize that their client, the bank, does not have proper legal standing, or locus standi, as it is called in legal terms. You have to first understand why this is the case. It is because the loan has been “securitised” by the bank – which means it has been sold to a third party – often called a Special Purpose Company or Special Purpose Vehicle - SPV. Therefore the bank is no longer the owner of the original contract and therefore cannot begin proceedings against you. The SPV could act against you BUT you did not sign a contract with them.
The SPVs take your contract and thousands of others, and they trade these on the stock markets around the world, generating huge revenue without our knowledge or any kind of return to us – whose signatures actually make those contracts valid and valuable. In banking terms these are called “liquid negotiable instruments”. This is “real” kind of money if you want to call it that – with a real value, rather than the worthless pieces of paper we carry in our wallets called money. Those pieces of paper are just “fiat” (worthless) currency that is forced upon us by our governments against our will, not fully understanding how the scam works and how they allow the banks and reserve banks to enslave all of us and profiteer from each and every one of us.
The objective of these email responses is to make the lawyers who are trying to extract money from you on behalf of the bank, aware of these facts. Most of these law firms do not even know this and are doing it blindly, believing that the bank has the right to claim money from you. Once these lawyers are aware of this, and they realize that the bank ,their client, is acting unlawfully, they too are complicit in unlawful activity and you may hold them liable for any damage. Sooner or later the lawyers will decide that they will not take the fall for their powerful clients and choose NOT to represent the banks any further. This is what we are aiming to achieve.
Example of email or letter from the lawyers:
Dear Sir/Madam
HANDOVER OF ACCOUNT xxxxxxxxx BANK CREDIT CARD ACCOUNT: xxxx xxxx xxxx xxxx
We confirm we act on behalf of xxxxxx Bank.
Please take note that your xxxxxxx Bank Account Number xxxx xxxx has been handed to us for collection due to a default on your payment arrangement with our client.
You will receive a Notice in terms of Section 129 of the National Credit Act 34 of 2005 in due course. We request that you urgently contact our offices in order to discuss repayment of this account.
Please contact XXXX on (011) 543 XXXX.
Yours faithfully
Administrator
ATTORNEYS • NOTARIES • CONVEYANCERS
RESPONSE #1 - TO THE LAWYERS
NOTICE:
Without Prejudice – Non Assumpsit – All Rights Reserved
RE: HANDOVER OF ACCOUNT xxxxxxxxxxx BANK CREDIT CARD ACCOUNT: XXXXXX
To: XXXXX XXXXX
In response to your email below - you are attempting to collect money from me unlawfully on behalf of your client.
Your client, xxxxxxxxx BANK OF SOUTH AFRICA LIMITED is acting unlawfully as it does not have the LEGAL STANDING to act against me.
Xxxxxx Bank does not have locus standi to initiate any form of legal action against me.
If you do not understand the meaning of this, it is your duty to inform yourselves fully so that you can make the correct decisions for your own protection.
If you or anyone else from your company xxxxxxxxxx makes any further attempts to harass me or make contact with me in any way regarding this matter, you will be doing so having been fully advised of your status.
Your actions are unlawful and MAY be seen to be fraudulent under the instructions of your client, and are an invasion of my privacy.
Since you are now aware of your status your actions will be complicit with the unlawful activity of your client.
I reserve my rights take all steps necessary to protect myself, which may include the launching of criminal charges without further notice.
in Pure Truth
xxxxxxx of the family xxxxxxx
All rights reserved - without prejudice - non Assumpsit.
RESPONSE #2 - TO THE LAWYERS
After you have received a second letter/email in which they ignore your first response.
To: xxxxxxx
NOTICE: All rights reserved - Without Prejudice - Without Recourse
I draw your attention to my previous email (inserted below) which you have bluntly ignored.
You may be involved in illegal and unlawful activity on behalf of your client, xxxxx Bank, and complicit in possible extortion and fraud. Hiding or supporting unlawful activity makes your company complicit in criminal activity. This includes the directors and all employees involved in such actions. I reserve all my rights with respect to the content of this communication and the inserted email below.
(Insert your first email HERE)
RESPONSE #3 - TO THE LAWYERS
In response to your email below - TAKE NOTE:
NOTICE:
On two previous occasion I have informed you of the facts contained herein - you are now in breach.
This is my third notice to you.
You continue communicating with me unlawfully and against my will.
You continue attempting to collect money from me unlawfully on behalf of your client.
NOTICE:
The presentation of an unofficial document or so-called statement does not constitute Locus Standi to act against me by your client.
You are being fooled by your client xxxxxxxx BANK into believing that they have legal standing.
NOTICE:
I strongly suggest that you inform yourselves fully, and demand that your client, xxxx Bank, presents you with irrefutable proof that they have the legal standing or Locus Standi to proceed against me.
If you do not understand the meaning of this, it is your duty to inform yourselves fully for your own protection.
NOTICE:
I stress again that your client, xxxxxxx Bank, does not have locus standi to initiate any form of legal action against me.
You have been fully informed of this situation and your status, on two previous occasions and therefore you are now acting unlawfully on your own accord.
You are complicit in possible fraud and extortion instigated by your client unlawfully.
I will hold you, your company and its directors liable for any costs, expense and damages that may arise out of your continued involvement in this matter.
NOTICE:
Inform yourselves, do not be foolish about this.
If you or anyone else from your company xxxxxxxxxx makes any further attempts to harass me or make contact with me in any way, you will be doing so having been fully advised of your status.
I reserve my rights to take all steps necessary to protect myself, which may include the launching of criminal charges without further notice.
NOTICE: MY SCHEDULE OF FEES AND COSTS
The following fees will apply if I have to enter into any further communication with you or your office against my will.
1) R5000 for every email I receive from you or your office.
2) R5000 for every phone call or SMS I receive from you.
3) R10,000 for every email OR letter I have to write or respond to, related to your communication with me.
4) R100,000 per day, or any part thereof, for every court appearance by me, OR having to seek legal counsel by me, as a result of your actions or communication with me.
NOTICE:
I will deal with your client today regarding the so-called and unlawful statement that they forwarded to you. I will dismiss the claim of any obligation therein by dealing directly with the Chief Financial Officer of xxxx BANK in my own right. You do not have my permission or any right to interfere in this process.
In pure truth
xxxxxx xxxxxx