Stuart Stone
Hi Eamonn O Brien, I'm happy to be a crash test dummy for this as I have put together a notice but would appreciate any feedback from the group...
NOTICE OF INSTRUCTION TO RETURN VALUABLE SECURITY NOTICE TO AGENT IS NOTICE TO PRINCIPAL. NOTICE TO PRINCIPAL IS NOTICE TO AGENT
TO: [Company Name and Address]
For the purpose of this notice: The term �you�, means the corporate entity [company name with company number] as well as any employee, agent, office holder and or director of [company name] at any time from the valuable security first being deposited, up to and including the resolution of this matter.
The terms �I� and or �me� and or �my� means the signatory of this document in any capacity that he deems appropriate at any time. The term �valuable security� means promissory note, security agreement, credit agreement, mortgage agreement, deed and or any other document and or instrument with reference to any sum in pounds, dollars or any other currency, bearing the same signature as used by the signatory of this document.
On or about [date of original mortgage agreement], I signed a valuable security and entrusted this valuable security to you for safekeeping, creating a trust relationship, in which you impliedly or explicitly agreed to act as trustee.
At or around the time of me entrusting this valuable security to you, you opened a customer account, [Account number]. The security offered by the customer as collateral in relation to this account was [address of property].
It is my understanding that the principal amount owed to this account was [original loan amount], and that this account has since been settled and or discharged, thus ending any business relationship between you and the customer. However, at the end of this business relationship between you and the customer, the original valuable security has not been returned to me.
I am providing you with this information to assist you in locating and retrieving the original, which I am instructing you to return it to me, via registered mail within twenty one (21) days from the date of this notice, to the following address: [Notary Address/ Your address].
Failure to do so constitutes your tacit agreement of the following: 1. That you will forward a bank cheque for the full face value of the original valuable security, being [amount in words and numbers of note], plus a further ten thousand pounds (�10,000.00) in lieu of the valuable security, for a total amount of [original amount + �10,000.00] to compensate for inconvenience and or any other losses incurred by me, within thirty (30) days from the date of this notice, to the following address: [Notary Address/ Your address].
2. That you have negligently and or criminally misplaced and or assigned and or disposed of the valuable security and agree to be held personally and or severally liable for any and all consequences of these actions, including prosecution and seizure of property to recover the full face value of the valuable security should you fail to carry out the instructions as described in 1. above.
By: [Your Name], Authorised representative for [YOUR NAME].