Lien Process: Standard Terms & Conditions
I have created a set of standard terms and conditions that I use in the lien process, if my initial notice has been ignored.
They are referred to the second (14-Day notice) and attached to it. They then apply to the whole of the onward lien process, saving time having to introduce them into your correspondence.
Feel free to download the document, modify and use it or suggest any improvements/additions you think may "sharpen" it.
I offer it copyright free to my fellow sovereigns...
I would like to thank lovely Megs from the Bristol Chapter for adding her magic touch x
Lien Process Standard Terms & Conditions
If you have been sent a copy of this document as an enclosure to a written communication from me, you have breached my peace and trespassed against me in some way. You are now personally subject to a lien process, as I seek remedy.
I politely request that you cease and desist.
However, if you choose not to, please ensure you understand what a lien process is and, that you carefully read and understand the following standard conditions that now apply to you.
(C1) Medium of Correspondence
(C1.1) When making a request for data or information under the Freedom of Information Act 2000 (FoI), or a data / subject access request (DSAR or SAR) under the Data Protection Act 2018, encompassing the General Data Protection Regulations 2016 (GDPR), or engaged in a lien process, all correspondence will be via written letter.
(C1.2) Under no circumstances will I in engage in person (See condition 10.1) or correspond via telephone, email or any other electronic medium. If you decide otherwise, then by doing so you agree to pay me damages to remedy. (See condition 10.2)
(C1.3) Under no circumstances will you treat a Freedom of Information request or a Data / Subject Access Request as a complaint. If you decide otherwise, then by doing so you agree to pay me damages to remedy. (See condition 10.3)
(C2) Response by you
I require:
(C2.1) a written response to my correspondence;
(C2.2) a timely response to any notice, affidavit, summons or order. (See condition C4)
(C2.3) the response must be properly addressed to me. Do not refer to I/us as Mr. or any title which refers to a legal fiction and not me. If you decide otherwise, then by doing so you will agree to pay me damages to remedy. (See condition 10.4)
(C2.4) the response must be signed with a wet “ink” signature by the man or woman named within said correspondence, stating that it has been acknowledged and will be complied with in a timely manner. (See condition 10.5)
(C2.5) the response must be in a sealed white envelope, without a window, so as to protect my privacy. If you decide otherwise, then by doing so you will agree to pay me damages to remedy. (See condition 10.6)
(C2.6) the envelope must have the correct postage applied and be properly franked by the Post Office / Royal Mail. If you decide otherwise, then by doing so you will agree to pay me damages to remedy. (See condition 10.7)
(C3) Third Parties
(C3.1) Under no circumstances will I engage or correspond with a third-party interloper. If you decide otherwise, then by doing so you will agree to pay me damages to remedy. (See condition 10.8)
For definition, a third-party interloper is any man or woman that is not you.
(C4) Notice Period
Please note the time-period, denoted in days, that is given to you to respond:
(C4.1) The first notice issued will give you 30 days to respond. (C4.2) The second notice issued will give you 14 days to respond. (C4.3) The third notice issued will give you 7 days to respond. (C4.4) The final notice issued will give you 28 days to respond.
(C4.5) Where a Freedom of Information (FoI) request is issued you will be given 20 business days to respond. (C4.6) Where a Data / Subject Access Request (DSAR / SAR) is issued you will be given 1 month to respond
(C4.7) Where an Affidavit is issued you will be given 30 days to respond. (C4.8) Where a Summons is issued you will be given 30 days to respond. (C4.9) Where an Order is issued you will be given 30 days to comply
The time-period commences on the date that the Royal Mail website tracker delivers the correspondence.
(C5) No response
If I receive no reply within the time-period given, it shall be taken as your assent and agreement:
(C5.1) that the matter is finalised;
(C5.2) that you agree to all the conditions within the lien paperwork issued..
(C6) Claim
(C6.1) In order to substantiate any claim against me, I require prima facie evidence that a contract exists between us, that an obligation to pay exists and informed consent has been expressly given. (See condition 10.9)
(C6.2) Making reference to your name, title, company name, correspondence or registered address, reference number or any other item of data that enables identification, is not to be taken as acceptance of any contract. If you decide otherwise, then by doing so you will agree to pay me damages to remedy. (See condition 10.10)
(C7) Vicarious Liability
(C7.1) Through vicarious liability, all executive board members of the body corporate shall also be held liable for any disregard of issued lien paperwork.
(C7.2) Where the body corporate is part of a group legal entity structure, vicarious liability will apply to executive directors of the ultimate holding company, parents or subsidiary companies.
(C7.3) Where the body corporate is a joint venture (JV), vicarious liability will apply to executive directors of all companies participating in said venture.
(C7.4) Where the body corporate is a partnership vicarious liability will apply to all partners . (C8) Fee schedule
Written documentation, such as letters, invoices, notices, summons or orders: Fee of response GBP £500 - five hundred pounds sterling.
Administration expenses and consumables at cost. Receipts will be provided where applicable.
Written affidavit, filed with the court: GBP £2,000 – two thousand pounds sterling
Notarised copies of said affidavit: GBP £100 per copy – one hundred pounds sterling
Court appearance GBP £2,500 plus costs – two thousand five hundred pounds sterling
Notary Fees at cost.
Court fees at cost.
(9) Supreme Authority
Any written correspondence from myself cannot and will not be overruled, superseded or overturned by anyone, as no authority has been given to do so. Any attempt to undermine said correspondence shall be considered a criminal act by all those who do so.
(10) Remedy
The violation of the conditions above result in you agreeing to remedy, by paying damages as follows:
(10.1) GBP £10,000.00 - ten thousand pounds sterling, per unauthorised doorstep visit.
(10.2) GBP £100.00 - one hundred pounds sterling, per attempt to contact me by telephone, e-mail or any other electronic medium.
(10.3) GBP £500.00 - five hundred pounds sterling each time Freedom of Information or Data / Subject Access Requests are treated like a complaint.
(10.4) GBP £1,000.00 – one thousand pounds sterling each time you fail to address me properly in your correspondence.
(10.5) GBP £500.00 - five hundred pounds sterling each time you fail to execute your correspondence in line with Companies Act 2006, Chapter 46, Part 4, S44.
(10.6) GBP £100.00 - one hundred pounds sterling for each potential breach of my privacy arising from the use of a window envelope.
(10.7) GBP £100.00 - one hundred pounds sterling for each envelope without the correct postage paid or without being franked by the Royal Mail.
(10.8) GBP £500.00 - five hundred pounds sterling each time I evidence that I am contacted by a third-party interloper.
(10.9) GBP £1,000.00 – one thousand pounds sterling per unsubstantiated claim.
(10.10) GBP £5,000.00 – five thousand pounds sterling, for incorrectly asserting there is a valid contract between us.
(10.11) Other damages may become payable for violations of specific conditions introduced as part of a remedy that are not listed above.
(11) Invoices
The following terms and conditions apply to issued invoices:
(11.1) all invoices to be settled strictly within 30 days of the date on the invoice.
(11.2) payment must be remitted via online or electronic transfer to the account detailed on the invoice.
(11.3) all payments must quote the invoice number(s) they are settling.
(11.4) overdue invoices will attract daily interest at the Bank of England base rate, plus 4%.
- Given Name: of the family Family Name.
All Rights Reserved
Non-negotiable autograph No assured value, no liability, Errors and Omissions Excepted, WITHOUT RECOURSE – NON-ASSUMPSIT