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BOE and Promissory notes
How to process a BOE or promissory note when the debt collectors are interstate?
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32 Replies
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Here’s a letter that might help deal with a debt collector.
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In Marks recorded webinar about using these instruments there is a time and venue to meet with the promissory note of boe, so if they are interstate would it be required that I actually travel to a cafe for example in Sydney from Adelaide or have I misunderstood the process?
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Yes you could travel to a designated place. Maybe you could choose the place? Mark says no one has ever turned up to claim.
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I.m a little confused. Do you send the BOE via registered post first. Then later meet at the venue stated on the BOE to pay the dollar. Or are you meant to meet athe venue to present the BOE?
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Thank you. I thought that would be case. Be my luck some muppet would show up haha.
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I’ll put it this way, if they showed up to claim the gold that would set a precedent and allow us to show up for the gold promised on their Bills of Exchange/currency.
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Hi all
I recently paid for a spers bill with a BOE, spers has acknowledged they’ve received it but claim that it’s not a form of payment they accept.
Anyone know what the next best move is?
Thanks Barry
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My partner and I have stopped all spers debts/fines by firstly calling sper and then proceed with the 3 step process. If you pay it straight off the bat then aren’t you admitting to the crime? So then they have you. So to use the BOE straight off the bat or any payment process you’re defiantly admitting you committed the crime, I think that should be done when you have tried all other avenues such as the 3 step process and quote the constitution. I am pretty sure if your cars are registered under you business name you have to pay up so then of course you then use BOE, I would use a credit card its easier to get rid of. BUT! when my partner got a fine in his work ute the boss sent in the stat dec and transferred the fine onto him, but because he is not a registered business, but an individual, we think that commercial law no longer applies, well thats what we think because we got rid of that too. But Sper plays a trick on you I will explain at the end. So what we do is, I call sper and I ask to speak to the debt department, highest person up there, then I ask them if they, as a government body, can charge me excess fees under the Commonwealth of Australia Constitution Act 1901? They say yes, I say, oh really! Can you read that section out to me please I must have missed that part sorry? So again I say well under the COAC Act 1901, you cannot, as a government dep charge me excess fees. When I have finished filling them in and they know exactly what I am talking about for sure. Then I send the first notice and I have combined marks with, “know your rights group” docs and I send those off in 7 working day time slots. A<font face=”inherit”>fter the last notice </font>about<font face=”inherit”> a week later we received back a doc from the commissioners office stating bla bla bla and we will no longer </font>correspond<font face=”inherit”> with you in relation to this matter, or something to that affect. But then this is where sper plays the trick to make you think the notices didn’t work. Next min you receive a bigger bill with fees added on etc. they combined both of my fines so it was about $1600, and I ignored it because they told me there will no more correspondence in relation to this matter so I didn’t respond. That was around 4 months ago and my debt is gone. We did not lose any demerit points either. But if you chose to pay, I would pay it off with the credit card then get rid of that its easier than admitting to a crime and then trying to get out of it. Hope this helps. Oh and we have been doing this for over 3 years now. We never pay parking fines and I removed the bogus debt from Panthera debt collectors too that is super easy. But the debt seriously was not mine anyway. All using Marks 3 Step process. I is </font>bloody<font face=”inherit”> brilliant!! And the best part is you don’t have </font>to worry<font face=”inherit”> about getting in trouble becasue you never make any claims ever. So Mark has </font>kept<font face=”inherit”> it safe for us. </font>
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That’s brilliant!! Can you paste the relevant section of the Constitution here?
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This is so interesting. Can you please confirm how you know your debt is gone?
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HI Lee Great success, Can you please tell me what module you got the 3 step process from?
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You’d pay it with a credit card??
It’s been a back in forward game for a while now , asking for evidence that I’m the living man – giving 72hrs notice- followed by another letter closing the account ect
Spers then threatened to suspend my commercial divers license, so then I used a BOE
spers responded 2 weeks later and suspended my license
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Ffrom what I have learnt in recent months with dealing with my energy company (gas+electricity), my understanding is that them threatening to suspend your licence was an offer to contract with you. I have had my energy company do the same thing with threatening disconnection a number of times since last November when I sent them remittance to discharge my electricity liability. My matter is still ongoing with the CEO not having replied to my correspondence. Every time they threaten disconnection or issue a reminder notice demanding payment, I send them an email informing them I do not accept any offer or contract for interruption or disconnection of my services. So far, I have not had any interruption to my energy services which I don’t think they could do anyway as they are just a billing company.
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what energy provider do you use if you dont mind me asking?
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Energy Australia.
I don’t have a smart meter for gas or electricity and have closely inspected both meters and cannot see anywhere on my meters where they could permanently disconnect the supply.-
Ok im dealing with Origin, the meter is inside and they’ve been estimating it but now since I’ve stirred the pot by using BOE and sending notices they’ve sent out that they need to access the meter lol I refuse to let strangers inside the house, they claim its my meter in the letter, well if its mine then they have no consent to read it lmao
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I agree, they need your permission to enter your property. If they turn up you could offer them an application to enter property.
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<div>Bit of background on Promissory notes, mark mentioned lord Denning making this statement.. </div>
“We have repeatedly said in this court that a Bill of Exchange or a Promissory Note is
to be treated as cash. It is to be honoured unless there is some good reason to the
contrary”the decision is attached..
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Hi All,
What template letter do I use with a PN?
And from which module?
I’ve got a sper debt to discharge.
Thanks
Brett
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I think it’s module 8.
Discharge debt by way of Promissory note.
Use PN, cover letter and letter of fiduciary 🙂 default letter after 21 days, then a second, and final one couple weeks apart from each other
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Hi all , I’ve just checked out my council seal , and they don’t have one . So I guess they have no signature to form a contract ?
It uses a logo that incorporates its name . Not sure how this will go with my intention of doing a promissory note .
What’s your thoughts?
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Can you share a pic of the offer that was sent to you?
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Hi all , I’ve just checked out my council seal , and they don’t have one . So I guess they have no signature to form a contract ?
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Just looks like a logo , or is it the same ?
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This is from Mark…”If you get a letter or a statement of account and the logo on it is
the seal of the corporation and this signifies their signature. (full and conditional)
Section 97 part 2 of the BOE Act in Australia says a”A corporation’s seal is it’s
Signature
(1) Where by this Act any instrument or writing is
required to be signed by any person, it is not necessary
that he or she should sign it with his or her own hand,
but it is sufficient if his or her signature is written
thereon by some other person by or under his or her
authority.
If you get a letter or a statement of account and the logo on it is
the seal of the corporation and this signifies their signature. (full and conditional)
Section 97 part 2 of the BOE Act in Australia says a”A corporation’s seal is it’s
Signature
(1) Where by this Act any instrument or writing is
required to be signed by any person, it is not necessary
that he or she should sign it with his or her own hand,
but it is sufficient if his or her signature is written
thereon by some other person by or under his or her
authority.
(2) Where a corporation makes any instrument or
writing required by this Act to be signed, it is sufficient
if the instrument or writing is sealed with the corporate
seal.”
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My answer came from this webinar… https://solutionsempowerment.org/p/module-15-the-highest-prevailing-form-of-jurisprudence-law-universally-rules-of-equity/
solutionsempowerment.org
Module 15 – The Highest (Prevailing) Form of Jurisprudence (Law) Universally; Rules Of Equity (Why you win when you apply it) – SolutionsEmpowerment.org
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Thanks Morag , will have a listen
It does have a tear away slip at the bottom too
So I might look into the money order webinar too . Cheers
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If you go the money order route, there is no default and liability clause with it so if they default (that is deny you have discharged the liability or say they don’t recognise the payment) it could possibly be harder to get a remedy in the private.
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Yep , thanks . I listened to that webinar and I got the impression that it is not quite as effective
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Hi all , anyone know where to find a short list of the relevant BOE acts that we need to get our heads around, when discharging a liability on a notice
Cheers twiggie
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HI Guys I,m making A BOE ATM can,t find a $1 stamp. Can I use a $1.50 stamp??? If yes do i need to change to sum certain to one dollar fifty in the BOE??
