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Charging Fees Instead of Making Complaints

Below is a notice template to send in the case of what I've mentioned on the previous page; bad workmanship, bad customer service or any type of complaint we have with regards to a company's performance. Except we don't call it a complaint, we have to first stop our habit of complaining and start a better habit of making claims. If you have a  contract with a company and they're not providing what you agreed to in that contract, for example you've just started a new contract with a phone company and they have caused you aggravation and lost time due to their errors in not recording your password correctly and causing you to not be able to access your account. Well i'm sure they promised you good customer service in the advert which caused you to sign up, so that makes this a breach of contract. Here is the template of a notice to send for a claim, we call this a 'Notice of Administrative Fees' as we are charging for our time in correcting their errors, rather than just making a complaint. I'm sure you can see already how that is a much better way of going about things:

Notices For Administrative Fees Templates*

Notice of Demand (1st Notice):

Notice of Fault (2nd Notice):

Notice of Default (3rd Notice and private judgment):

*Obviously i can't guarantee that you will earn money from any of the notices on this page, because a notice does not speak or walk, so you have to be able to collect for it. Most of the time companies won't take these notices seriously as they have not consulted a solicitor/lawyer and they assume you are not one and it also seems they assume you're talking rubbish or are not a [wo]man of your word. But they sure do start taking things seriously when you put in a court claim. Head over to my page on 'Filing Claims' when you're ready for that, which would be the fourth step after sending your three notices. 

Maxims

Using maxims in your notices can also give weight to them, if they are relevant and specific to the situation your notice is dealing with. The only maxims i have used so far though are "res judicata" and "stare decisis", which basically mean this matter is decided, in a Notice of Default. i also use "notice to agent is notice to principal and vise versa", on every notice, which is similar although it is written differently in number 99 of the examples that are further down this page. But the reason they can give weight to your notices is that they are self-evident, meaning don't need evidence to support them as they are established principles, as we see in the two definitions from freedictionary.com below:

https://encyclopedia.thefreedictionary.com/Legal+maxim

Legal maxim

A legal maxim is an established principle or proposition of law,

https://legal-dictionary.thefreedictionary.com/maxim

Maxim

A broad statement of principle, the truth and reasonableness of which are self-evident. A rule of Equity, the system of justice that complements the Common Law.

Make sure you copy the maxim as it is, rather than paraphrasing etc, as they have already gone through many years of testing and stood the ultimate test of time to be written or spoken as they are. Also i'd use them sparingly, so probably only 1 or 2 per notice, unless it was a really complicated one, but I can't see myself using more than 3 or 4 in one notice, because that seems like overkill to me. I wpuld just want to add my chosen maxim below the paragraph it is relevant to, before carrying on with the body of my notice, if that makes sense. Because the maxim would be to support a point my notice is making, just like how a witness supports my claim in court, as a maxim is self-evident, so as long as it is specific to my claim, then it can serve as evidence, because it is something a judge has to adhere to, as it is already established as a principle in law. This is of course assuming it fits to my particular case. In fact i could look up similar cases of the higher courts only of course, and see if that maxim was used in the similar case, if I wanted to be extra efficient.

Here is a list of maxims, but I suggest finding a book of naxims, I have one called "A Collection of Legal Maxims", you'll probably be able to find some free PDF versions somewhere to download. Remember, if you choose to use them, ýou'll want to choose the right one, so it is best to take your time searching for them now, as there are probably thousands, making a note of the ones you like or think could be relevant later, and storing those, because it could take you months to pick out relevant ones, so it's better to be prepared, because I doubt very much you'll be able to find relevant ones in a rush if you haven't already done this.

https://www.writinglaw.com/important-legal-maxims-and-phrases/ 

26. De Minimis Non Curat Lex - The law does not govern trifles (unimportant things) or law ignores insignificant details.

43. Ignorantia juris non excusat - Ignorance of the law excuses not or Ignorance of the law excuses no one.

66. Locus standi - Right of a party to an action to appear and be heard by the court.

76. Nemo bis punitur pro eodem delicto - Nobody can be twice punished for the same offence.

87. Pacta Sunt Servanda - Agreements must be kept. or Agreements are legally binding.

99. Qui facit per alium, facit per se - He who acts through another acts himself.

In simple words, It is a fundamental legal maxim of the law of agency. It is a maxim often stated in discussing the liability of the employer for the act of employee in terms of vicarious (indirect, secondhand) liability.

101. Qui sentit commodum, sentire debet et onus - It means he who receives advantage must also bear the burden.

107. Res Judicata Pro Veritate Accipitur - It means that a judicial decision must be accepted as correct.

115. Ubi jus ibi remedium - Where there is a right, there is a remedy.

When sending any of these notices, also make sure to write SPECIAL/PRIVATE/ CONFIDENTIAL in the top left of your envelope and to send the first one using Royal Mail Signed For. Any follow up notices can be sent using a stamp and by going up to the post office counter to ask for a proof of postage. Unless you're made of money and want to send all 3 with signed for. After a few days you can go to Royalmail.com, type in your signed for delivery number and after a photo of the signature comes up, click print and you will then be given the option of saving a PDF copy of your delivery. Save this in a folder on your computer with copies of the notices you sent. If you're hand writing your notices then always scan your letters before putting them in the envelope and save those scans in your folder. Or if you're really old school and have no PC, just write out two copies and keep one for your records. 

Notice Sending Sequence

The 1st notice sent should always be "Notice of..." 'whatever', which could be for example "Preliminary Notice Before Court Action", "Notice of Conditional Acceptance", "Notice of Adminstrative Costs", "Notice of Demand" etc.
So this is step 1, then step 2 is a "Notice of Fault and Opportunity to Cure", then step 3 is a "Notice of Default", this is an international private [default] judgment. You could also add a step 4 with 2 witness signatures, which could be a "Notice of Non-Response", to add weight to your claim, but the 4th step should really be court. All you'd need to do is to get your default judgment onto the public record and it now becomes not just a private judgment but a public judgment also.

You'll also need to know what to do in the case of an insufficient response, which you'll most probably be getting a lot of, or an out-of-time response, where the recipient has responded, usually in an insufficient way, after the time you stipulated has run out. You may also get a response from them asking for more time. These are all reasons why, if we have sent a conditional acceptance (I've included a template above) in which we put the terms, or points which need to be met to be sufficient and what is not sufficient (as in the word document on this page) and they still send an insufficient response, we need to send it back to them. The way we send it back is, after steaming it open so as not to damage the envelope (careful not to damage your hand by burning it either, lol) is by writing across the paper the response is written on, preferably in big red letters "REFUSED FOR CAUSE - INSUFFICIENT RESPONSE". Then we reseal the envelope by either wetting the sealing gum on the envelope, closing it and putting it under some books to flatten it back down, or by using sellotape if the gum is not reusable. Then we simply write on the envelope "return to sender".Insufficient response

You'll also need to know what to do in the case of an insufficient response, which you'll most probably be getting a lot of, or an out-of-time response, where the recipient has responded, usually in an insufficient way, after the time you stipulated has run out. You may also get a response from them asking for more time. These are all reasons why, if we have sent a conditional acceptance, in which we put the terms, or points which need to be met to be sufficient and what is not sufficient (as in the word document on this page) and they still send an insufficient response, we need to send it back to them. The way we send it back is, after steaming it open so as not to damage the envelope (careful not to damage your hand by burning it either, lol) is by writing across the paper the response is written on, preferably in big red letters "REFUSED FOR CAUSE - INSUFFICIENT RESPONSE". Then we reseal the envelope by either wetting the sealing gum on the envelope, closing it and putting it under some books to flatten it back down, or by using selotape if the gum is not reusable. Then we simply write on the envelope "return to sender". If you've come to this page before reading my conditional acceptances page, then I suggest you go take a look at it and learn off by heart the four responses to an offer [of contract] that anyone can make. This is a very important concept to learn and very relevant to any notices we send out, because the response of our correspondent will be one of those four responses, as will ours in turn will be one of those four, if we don't do the refused for cause process above. The danger is in falling into the trap, where we don't have a sufficient reason to, of responding in the old ways we are used to. This is why we need to be well versed enough in conditional acceptances to be able spot our old habits as they come up, in our natural, habitual responses and use the correct way of condiftional acceptances until they become our natural habitual way of responding. Or put simply, we should be asking questions, because, as long as we are not in the middle of a process, in which case, stick to your guns by always referring back to your first notice in your second and third notices, but he who is asking is as King and we don't want to abandon a process we have started, through our action or in action,  before it is finished.

Distress Notice  

If a company is damaging the environment or doing something which causes you distress and someone would normally hit the streets to protest about... Try filling these out instead and hit them where it hurts and will be forced to take action, their bottom line.
If it becomes too expensive for these corporations to continue causing harm to the environment, animals, Natural rivers and water supply or whatever, then sooner or later they'll have to change, and obviously the more people that send demands for them to stop including charges for money, the quicker this will happen:

Notice of Demand (for Distress Caused):

Notice of Fault (for Distress Caused):

Notice of Default (for Distress Caused):

Notice of Conditional Acceptance in Regards To A Police Fine Where No One Was Harmed:

The following Notices are in response to a third party debt collector:

Notice Two (Notice of Fault) 

Notice Three (Notice of Default) 

PCN From Council Etc:

You have to be careful with this type of Notice, because the council could hire someone to clamp or tow your car, so it is better not to be the owner of your car but to have a trust be the owner, that way it can't be towed or clamped and simply tell them you're not the owner, a truly owns it. That being said here is a notice to get rid of tickets from the council, it will need extra steps for it to be accepted as authentic by the council though and to stop the action they're taking:

You'll preferably get two independent/3rd party impartial witnesses to sign this, but the signature of "two good [wo]men" should be enough, along with your own to make a private tribunal. 

Then, once you have printed the above notice, keep hold of the original and print out copies, making sure to edit the footer of the notice to say "copy," because you only want to send out copies and not the original, to each of the parties involved. Maybe even post a copy to your local Magistrates Court too, and send them by royal mail signed for, so that you have proof of postage and proof of who signed for it (you'll find this on the royal mail website here: https://royalmail.com where you can go to save a PDF copy of the signature of who signed for it. 

Trespassing On Our Rights or Property

I have put this notice together to use in the case of someobe trying to or havibg already administrated our property, as if it is their own, without right. 
For instance someone attempts take your children, which we always want to refer to as prooerty, because that is the only way, in the legal world, our chikdren become something that is or has to be protected. Alternatively it could be some money being garnished off of our wages or taken from our bank accounts without permission. Although with these cases it would want to be paid by our endorsement, so it is more a case of we have already paid the alleged debt by endorsement but the company or organisation is refusing to accept our commercial energy, aka our endorsement, as payment and is trying to steal our hard earned cash/bank digits instead or has already done so.

MPS and TPS 

If you haven't already, then I suggest you register with MPS, The Mail Preference Service, and TPS, the Telephone Preference Service. Do it right away because it takes a few months after registering for your details to be to registered on their database, but once they are, any time you get unsolicited mail (not any that say to the legal occupier etc, have a look at the MPS website for full details) or phone calls regarding marketing, you can charge them money for breaching the MPS or TPS terms and conditions.

https://www.mpsonline.org.uk/
https://www.tpsonline.org.uk/

You can use this template below:

Notice of Demand (MPS Breach):

Notice of Fault (MPS Breach):

We follow the 3 step process as usual, and if they don't pay up, that's when personally i'd take them to court. See my filing claims page. 

Unsolicited Calls and Texts:

The following articles are copied from the web addresses shown.

https://www.which.co.uk/consumer-rights/advice/i-keep-getting-unwanted-calls-and-text-messages-what-can-i-do-aRF4c1F4oJqp
Dealing with spam texts
Spam text messaging is also on the increase especially messages about debt management, accident claims and mis-sold Payment Protection Insurance (PPI).
Sending nuisance text messages is illegal so if you're receiving spam texts you should also report this to the ICO. There are steps you can take to stop receiving spam text messages.
https://www.which.co.uk/consumer-rights/advice/how-to-deal-with-spam-text-messages-axsG54B0mH0H

How to deal with spam text messages

Unwanted text messages can be extremely annoying and in many cases a scam. Follow our instructions to put a stop to spam text messages.

1. Is it spam, or a scam?

It can be hard to tell the difference between contact from a legitimate company or an attempted scam.

Scammers are increasingly taking advantage of smartphones and are getting very clever with how they try to take your hard-earned money.

They can even make it look like a legitimate organisation is contacting you via text or a messaging app by using identity masking technology to change the name displayed as the sender. This is known as 'number spoofing'.

If you get sent am unexpected message, it's important you're sure it's legitimate. Read more about how to spot a scam message in our free guide.

Fraudsters can use many different types of of messaging systems and apps, like SMS, WhatsApp, Facebook Messenger, Viber, Skype, Google Hangouts, Snapchat and many any other platforms to try scam you out of your money.

2. Report a nuisance text

Report a nuisance call

Report a nuisance call or text to the regulators. Every complaint helps in the fight against nuisance calls and texts

Report a call or text

You can complain about a company or a number making nuisance calls and texts to a number of organisations including the TPS, your phone operator, Ofcom (which covers silent and abandoned calls) or the ICO.

The threshold at which the ICO is allowed to act has been lowered and they have the power to fine companies up to £500,000 that break the rules on unsolicited texts and phone calls.

Which? will continue to work with all the relevant bodies to ensure that efforts to tackle the problem are stepped up.

Sending unsolicited text messages is illegal. So, if you want to stop receiving spam texts you can report this to the Information Commissioner's Office (ICO).

You can also report unsolicited text messages to your mobile provider.

3. Use a dedicated text number

You can report spam texts directly to your mobile phone provider. All operators now use 7726 as the short code to report spam texts, which is free of charge.

All of the UK's mobile operators worked together to deploy a tool which collates all the information from the 7726 short code in real time.

This means they can take early action to block numbers that are generating spam on their networks. They can also use this information to inform the regulators.

You can report spam texts directly to your mobile phone provider free of charge by forwarding the text message to 7726.

4. Texts from unknown numbers

Never respond to spam texts as this will just confirm that your number is live. Simply delete the text.

Only reply 'STOP' if you know the company that's sending the message. If the company continues to send you unwanted texts you can report it to the ICO.

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