REQUEST FOR PARTICULARS UNDER UNIFORM CIVIL PROCEEDURE RULES - Your Reference Number: Good morning Sir/Madam, In accordance with pre-action conditions of the Uniform Civil Proceedure Rules 2005 I hereby make formal request for specific particulars in relation to your claim regarding this alleged debt. Failure to supply said particulars in full within the next 14 days will see an order for a Notice of Discovery being issued for said particulars as well as a formal complaints being lodged with the Financial Services Ombudsman, ASIC & the Federal Police for unlawful demands for monies & deceptive solicitation for unjust enrichment via a carrier service. This is also formal notification to cease and desist all telephone calls in relation to this alleged debt and any further attempts to make contact other than through written correspondence will be deemed as harrassment in accordance with the Privacy Act 1988 and a formal complaint will be lodged with the privacy commissioner as well as ASIC in order to have your corporate suitability reviewed. Please supply the following particulars and specific answers in full within 14 days: 1. Is your claim based on an alleged agreement? 2. If the answer to question 1 is in the affirmative, please advise if the alleged agreement is a) In writing b) Oral; c) Partly oral and partly writing 3. If it is alleged that the alleged agreement is fully in writing then please supply me a true certified copy of said original agreement along with certification that the alleged agreement is the true original document bearing my alleged wet ink signature. 4. If it is alleged that the alleged agreement is oral or partly oral and in writing please furnish full particulars relied upon in order to establish an agreement on either basis or both bases. 5. Precisely what is alleged was the consideration for the alleged agreement? 6. Is it alleged that the said consideration moved from the promisor to the promissee? If so precisely in which manner is it alleged that this movement occurred? 7. Did the _____________ monetise or attempt to monetise the original alleged agreement &/or debt instrument bearing my wet ink signature? 8. On what basis is it alleged that _____________ has locus standi to be involved in this matter as an uninvolved party by means of contract as a third party interloper? 9. Please supply a full statement of account in relation to this alleged agreement along with a copy of the T-ledger as is required under proper legal GAPP accounting proceedures. 10. Please supply copies of any documents relating to any insurance added to the account including the insurance contract along with its terms and conditions. 11. Please provide a certified copy of the original notice of assignment include the name of the liable person who has signed said document. 12. As ____________ has purchased this alleged debt from ____________________ as is evidenced in up to date debt tranche records, can you provide any documentation that displays my consent to novate any of my private commercial information to any third party along with notification of fair use of my private data in accordance to the Privacy Act 1988. 13. Please supply a sworn affadavit in support of your claim as a uncontracted third party interloper with no locus standi in relation to this alleged debt. Please be advised that these enquiries are preliminary enquiries only and once I have had the opportunity to peruse the certified copy of the original agreement along with all other requested particulars I shall then be in a better position to seek further, fuller and more specific particulars as I am entitled to under pre-action conditions in accordance to the Uniform Civil Proceedure Rules 2005. This is formal notification that this account is now in dispute and until you can substantiate your claim you are without locus standi in order to file for a default judgement. Any attempt to file for a default judgement will see application to have the matter set aside and an order for costs sought against you along with an order seeking all particulars via a order for Notice of Discovery. I look forward to your prompt reply within 14 days in order to avoid me taking the appropriate actions at my disposal with the relevant legal and regulatory bodies.
Posted on: Mon, 05 Aug 2013 03:55:31 +0000
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