| FOR THE IMMEDIATE ATTENTION OF: Ciara Mc Adam (Commercial Collections Supervisor), Interim Justitia, First Floor, Block C, Ashtown Gate, Navan Road, Dublin 15. AND FOR THE ATTENTION OF:
List … other parties … etc. Your Reference: 1234567890 Your Letter Dated: 28/03/15 Dear Ciara, We have just had sight of your letter Ref: 1234567890; Dated: 28/03/15. In relation to same, we direct and demand that you fully address all points contained/listed herein (below), answer all questions contained/listed here (below), and provide attested copies of all data/information/proofs/evidence that you may rely upon in relation to your spurious, litigious and defamatory allegation contained in your said letter herein referred, BY RETURN POST. TAKE NOTE: As you are aware, we called you/your office today 7th. May 2015 at 1.33pm, and have been informed and have record of/by your Joanna Solecka that you are NOT qualified legally, and/or are NOT a legally practicing Solicitor, but yet you have framed you said letter herein referred in a commercial/legal manner/way, wherein you have and are falsely misrepresenting yourself and your purported company as having standing in law (locus standi), wherein isn't it true that you/ye have no standing in law whatsoever? 1. FOR AND ON THE RECORD: You did state, "I write in response to your recent correspondence." a. What recent correspondence are you referring to? b. Do you say that we sent a correspondence, or a legal letter setting out a series of legal questions, questioning your spurious and malicious claims? c. Isn't it true that we would have no reason to contact you, if we own no loan with you? 2. FOR AND ON THE RECORD: You did state, "Please note that we were not able to secure a copy of the original agreement and or statements for this account from MBNA as they no longer in the market in Ireland and thus not in a position to provide us with that service." a. Isn't it true that you require a VALID contract in order to validate your alleged claim? b. Are you stating that your legal position is that you cannot secure and that you are not in control of, nor have ownership of the "original agreement"? c. Are you confirming that legally you cannot secure same from the vendor? d. What exactly in law did your company purchase from the vendor? e. Were Interum Justitia misled in this transaction as purchaser by the vendor, or did IJ know exactly what it was purchasing and is IJ happy that it has acted in good faith with clean hands and legally throughout the entirety of this transaction? 3. FOR AND ON THE RECORD: You did state, "Please note that Interim Justitia purchased a portfolio of outstanding debt from MBNA in 2010." a. How will IJ legally substantiate whether or not there is any outstanding amount due on any contract which does not exist, and cannot be substantiated? b. How did IJ satisfy itself that the amounts of purported debt it purchased were actually and legally owing and outstanding and isn't it a fact that in such situations it is buyer beware? c. Did IJ just take MBNAs word that these amounts were outstanding in lieu of the fact that there are NO ORIGINAL CONTRACTS. 4. FOR AND ON THE RECORD: You did state, "Your individual card account, charged off on 31/05/2010, was included in this purchase." a. How specifically does IJ define "charged off"? b. How does IJ factually know this statement is true in a legal sense? c. Has MBNA "charged off" account for any form of tax purpose? d. Has MBNA made any insurance claim in relation to the alleged account? 5. FOR AND ON THE RECORD: You did state, "Also included in this purchase was the original terms and conditions." a. How did you secure the original terms and conditions if you couldn't secure the original agreement? b. Will you demonstrate legally how you will prove the T&Cs you are relying upon, are the actual T&Cs of the "Original Contract" you do not have? c. Isn't it a fact that if you do not have the original contract/agreement you are not in a position to know whether the T&Cs apply to same let alone enforce said T&C's of a non-existent contract? 6. FOR AND ON THE RECORD: You did state, "A vendor letter from MBNA would have been sent to you, at charge off, confirming the sale to Intrum Justitia Debt AG." a. How do you know a vendor letter was ever sent by MBNA? b. And will you send a certified copy of same? c. How is it that you appear to be crystal clear on some of the elements of said transaction and clueless on all others? 7. FOR AND ON THE RECORD: You did state, "Intrum Justitia Ireland also wrote to you in a letter confirming the sale and instructing that Intrum Justitia now holds all legal rights, authorities and obligations for this account." a. What proof do you have that said letter was posted and received by the alleged cardholder? b. How could IJ write and confirm a sale in such transaction when it was purportedly acting as purchaser? c. What account do you refer to? d. Are you alleging there is an account, wherefore our legal position must be, that you must prove the existence of same with an Original and Lawful Contract, and we formally require a certified copy of same, otherwise we cannot legally recognise you? 8. FOR AND ON THE RECORD: You did state, "Intrum Justitia does not require a contract with you to pursue this balance." a. We are intrigued and so happy that you have made such a statement, as this this will bring matters to a head (so to speak), will you critically explain in law how IJ will pursue this balance under the current situation where it certainly appears that IJ doesn't know what it has or has not or are you chancing your arm? (so to speak). 9. FOR AND ON THE RECORD: You did state, "The terms and conditions of your contract with MBNA include a clause that they may outsource or sell the debt to a third party if required." a. You are again so certain that the T&Cs of same contract with MBNA includes a clause/s, are you now in a position to send us certified copies of the contract and the T&Cs thereof? 10. FOR AND ON THE RECORD: You did state, "They exercised that right." a. What right do you speak of, and where in this contract does it specifically state this right, or refer to this right in a particular set of T&Cs? 11. FOR AND ON THE RECORD: You did state, "The original account was opened with MBNA on the 21/5/2006." a. How does IJ know this, the fact that an alleged account was opened with MBNA on said date, especially when there is NO CONTRACT and most particularly, but not limited to the fact that you have no statements? b. Who owns the alleged account? 12. FOR AND ON THE RECORD: You did state, "At the time of sale the original amount minus payment transactions was €21,438.29." a. How did MBNA & IJ calculate and establish critically and legally the original amount minus payment transactions as you have already confirmed there are NO STATEMENTS available for this alleged account and NO ORIGINAL CONTRACT; so how did both companies arrive at a figure of €21,438.29? 13. FOR AND ON THE RECORD: You did state, "The interest rate is 21.9% and the current balance is now €49,787.28." a. Where in the CONTRACT does it specify an interest rate of 21.9%? 14. FOR AND ON THE RECORD: You did state, "Intrum Justitia Ireland received a letter from your solicitor on the 06/03/2012 with an offer of payment for €100.00 per month." a. Isn't it true that this alleged offer was sent on foot of correspondence from you, which contained evidence of fraudulent inducement (on the part of IJ), and therefore this and any alleged offer is null and void? b. Does this letter from A Solicitor specifically state that we gave permission or consent for such an offer to be made? c. Will you kindly forward copy of same to us? d. Why do you think this solicitor is dealing with you now? 15. FOR AND ON THE RECORD: You did state, "We responded to your solicitor to advise acceptance of your offer but no payments were ever made." a. Are you stating that we agreed with the solicitors actions and that we were aware of his actions? b. Are you certain that we made any offer whatsoever? c. Are you sure you are in any legal position to accept payments in this manner? 16. FOR AND ON THE RECORD: You did state, "Intrum Justitia would prefer to resolve this issue amicably, but please be advised that we are not prepared to allow this issue to remain unpaid or unaddressed." a. Is IJ threatening us in any way, or perhaps attempting to intimidate or coerce us into accepting liability for a contract which does not factually or legally exist? b. Are you aware of the fact that the burden of proof is on the accuser? 17. FOR AND ON THE RECORD: You did state, "Please do not hesitate to contact us at 018692231 should you have any further queries. Yours sincerely, Ciara Mc Adam Commercial Collections Supervisor." a. Are you saying that we have ever submitted queries to IJ? b. Why are you attempting to demote our legal questions to mere queries? FINALLY: (Your Closing Paragraph) ???????????????????? Sincerely, BY: …………….. | 
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