Ellie GreyThe 3 letter process
What is the 3 letter process?
When a Debt Collection Agency (DCA) pursues a person for an alleged debt they make several claims designed to imbue you with a sense of obligation, and fear if you do not comply with them. However if the DCA (or their affiliates) do have the right to pursue claims then they must have certain lawful documents. The reality is 99% of the time they do not have these documents. Essentially what they do is fraud and misrepresentation through menace and harassment.
There are two ways they win
by you fearing them and entering into contract with them.. and
by you ignoring them, you do not refute their claims and thus they become lawfully recognised as facts in a court of law and extract even more money from you.
By sending a series of letters (3 to be exact) you go about the process in an honourable manner. A conditional acceptance is just that – you accept their claim upon you – on the conditions that they can provide proof of claim. This will be in the form of several documents, which invariably they do not own.
A DCA will often buy the debt from the original creditor. In doing this the original debt is paid for, extinguished, it becomes a dead parrot. They pay pennies on the pound for these claims and then seek to profit by harassing the alleged debtor with threats and vexatious litigation.
One trick they will use is to claim they act as lawful agent on behalf of their client, implying their client is the original creditor… in fact it’s more likely their client is a parent company or proxy to the DCA who have bought the debt. Either way, they are lawfully required to possess certain documents to act as third party agents or else they are literally criminal interlopers.
The 3 letter/Notice of Conditional Acceptance process establishes exactly what is the reality by making lawful and reasonable requests for the proof.
Should they be unable to supply these specifics in a timely fashion, they enter into a tacit agreement with you – just like you would with them if you ignored their claims and demands.
This allows you to put them under what is called an Irrevocable Estoppel, have the alleged acknowledged as void and should you wish, begin to bill them according to your own fee schedule for making vexatious fraudulent claims against your person.
How do I complete the 3 letter process?
3 letters can only be used on debt BOUGHT by a DEBT COLLECTION AGENCY.
3 LETTERS CANNOT BE EMAILED, THEY MUST BE POSTED AND OBTAIN FREE PROOF OF POSTING FROM THE POST OFFICE. YOU DO NOT NEED TO PAY FOR SPECIAL DELIVERY OR RECORDED DELIVERY.
DO NOT RESEND THE LETTERS BECAUSE YOU HAVE NOT HEARD FROM THE DCA. DO NOT RESEND THE LETTERS BECAUSE THEY HAVE NOT SIGNED FOR IT. DO NOT WASTE YOUR MONEY.
DCA DO NOT ALWAYS RESPOND TO ANYTHING YOU SEND. THIS IS NOT A PROBLEM. DO NOT BE CONCERNED. CARRY ON WITH THE PROCESS.
The letters must be sent 10 days apart. If your 10th day falls on a weekend, then post on the Monday with Monday date.
To obtain ceo name and registered office address visit: www.ceoemail.com
Sent Letter 1 and CCA Request in the same envelope to OC (Original Creditor) and DCA (Debt Collection Agency).
10 days later send Letter 2, again to OC and DCA.
After a further 10 days later, send Letter 3. Once again, to OC and DCA.
Finally, send Cease & Desist letter 10 days later. Again, to OC and DCA.
ALWAYS keep copies of anything you send and receive. It can all be used should the matter go to court.
If you do not have a PC, access to a printer, etc. you can handwrite the letters. They do not have to be printed. Remember to keep a copy of everything you are sending. At the post office, send 1st class and ask for proof of posting, it is free. Staple this to your copy of the letter sent for future reference. It will be accepted by a court of law as proof of the letter being sent.
Letters must be sent to REGISTERED OFFICE ADDRESS, not PO BOX ADDRESS. It is a different process if a court claim form has been received. Where you can’t use the 3 letters The 3 letter process cannot be used on bailiffs, utilities, council tax, HMRC, private/council parking charges/fine, historic debts (these are from HMCTS and say Historic Debt Team), County Court Claim Forms, Judgement Letters, Income Tax letters, Tax Credits, secured loans, Amigo Loans/payday loans. You must not, under any circumstances, make contact with the DCA in any way but writing. This is to ensure you have a paper trail of all communication. Many thanks to Clear Your Debts for this summary.
