-
BOE Money Order
Has anyone used the Money Order process who doesn’t have an Australian birth certificate?
Mark says to use the tax file number and centrelink number to get you over the line. I was feeling uncomfortable sending in a handwritten Money Order being that it would stick out like a sore thumb. I have followed the module. The Council has rejected it, and before I could finish my 3 notices to them, they had given the debt to debt collectors. I responded to the Debt Collectors with a 1st notice. They didn’t reply, but just went straight to the courts and filed a claim against me for unpaid rates.
Question:
Do I continue with the 3rd Demand /Final Notice to the Council to finalize the default with them?
Do I continue with the 2nd & 3rd Notice to the Debt Collectors to continue the 3 Notices procedure if they have put a claim in to the courts?
I think I have to respond to the Claim that the Debt Collectors put through the Court before 28 days. Is there anyone that has been through this process with the claim from Debt Collectors (for the Council) through the Court Claims process?
-
36 Replies
-
If I was you yes I would finish the process to create an agreement with the Council and with the debt collectors. If you have a sick mother or some other emergency you can ask for an adjournment and this will give you time to finish your three step processes and also to write an affidavit for the court outlining the processes you have completed with the evidence for this as affidavits. You need to study how to hold your position in court and you could take a look at these webinars and buy the module packs that go with them. https://solutionsempowerment.org/webinar-options-to-address-a-summons-notice-to-appear/ https://solutionsempowerment.org/webinar-how-to-address-the-court-to-win-your-case/ I’m not saying you should or shouldn’t do these things I am just putting some options before you that you can complete if you want to.
-
I used the 3 notices in the A4V Money Order process, not the Notices in the “Successfully Dealing with Councils”, as it was my first time and those ones in that module were pretty bold, and I didn’t feel that I could do this. I wish Mark could sock it to Council for me! Now that the 3rd Party solicitor’s claim through court has quoted all these Acts to defend Council’s jurisdiction and definitions of words to show that we will be responsible for all costs, it’s got me thinking, should I put some or all of the 31 questions from Mark’s Council Notices to the Debt Collector in my 2nd Notice to them, and/or in my notice to Defend that has to go to them before the 28 days are up, or in my 3rd Notice to Council….which originally was just a milder letter following the A4V Money Order Notice?
-
What jurisdiction does a third party interloper like a debt collector have over your matters? if you start defending yourself against them you are acknowledging they have a claim aren’t you?
-
The problem is, the court documents that were served on me to let me know of the claim they filed through the courts, says they are asking the courts to make judgement in their favour. If I intend to defend, they instruct me that I have to let them know with a notice directly to their address, and the court instructions are that I have to get a particular form and fill it out and file if I want to defend it. If they don’t get a response from me, the court will make judgement.
-
I hope I haven’t done the wrong thing. I continued the 3 notice process. I sent the Debt Collector the 2nd notice for 3rd Party Interloper, which had the “What you Need to Do:” and listed that they withdraw their claim. Told them that I don’t have time to waste on 3rd party Interlopers. Told them I have a fee schedule should they proceed, it will be at their cost. Listed the name of the living man that I received the 1st presentment from, and the name of the living man (solicitor) that is on the claim notice….I have put these 2 names in my Default notice and it has their names with the indemnity details to fill in, and my fee schedule attached.
I sent my 3rd notice (Final notice) to the Council using Mark’s full on 30 odd questions. Concerned about disturbing a hornet’s nest. Council’s letter to me seems to be showing they are resorting to lying. It says “the only payment they accept is”…. and it lists every payment except money order, and they say it says this on my rates notice. I have addressed this in my reply to them and let them know that I have taken copies that show that they accept money order by mail, and will use their letter as evidence in court and I also put in the What you Need to Do, section, that they withdraw the claim through the court.
-
This reply was modified 2 years ago by sseeto.
-
To attain an agreement with any Party eg Council one party debt collector another party, you need to send each party three steps with an affidavit. After the final default (third Notice) the agreement and equitable estoppel is established. If the court judges against you then look at this webinar. It suggests one way of dealing with a court order https://solutionsempowerment.org/webinar-accept-a-public-offer-to-contract-eg-statement-of-account-on-your-terms/
Webinar: Accept a Public Offer To Contract (eg Statement of Account) On Your Terms
-
Here’s a very good video about Council tax (rates) and what councils will try to make you believe in their letters. https://www.youtube.com/watch?v=pyaQc9hKiOs
-
Thanks for this
-
-
This reply was modified 2 years ago by
-
-
-
-
If I was you yes I would finish the process to create an agreement with the Council and with the debt collectors. If you have a sick mother or some other emergency you can ask for an adjournment and this will give you time to finish your three step processes and also to write an affidavit for the court outlining the processes you have completed with the evidence for this as exhibits. You need to study how to hold your position in court and you could take a look at these webinars and buy the module packs that go with them. https://solutionsempowerment.org/webinar-options-to-address-a-summons-notice-to-appear/ https://solutionsempowerment.org/webinar-how-to-address-the-court-to-win-your-case/ I’m not saying you should or shouldn’t do these things I am just putting some options before you that you can complete if you want to
-
Do you have your Registration of Live Birth and a Birth Certificate from where you are born? They are the keys to your trust and the surety. I don’t think it matters if they are not Australian. Technically, we all aren’t. We live in a corporation and it’s all forms and numbers and the appearance in court , is a Banker’s Acceptance. I am not fully up to date, as I am in the middle of learning this and maybe others might know more about it. But I have learnt that you can use them as the promissory note for the surety to settle things, even in court. Apparently you can Endorse the back of the BC with instructions to settle your portion of the matter and you need to ask for a cheque/receipt back from the transaction. It is actually the Registration of Live Birth that is the surety and the BC is the receipt to the evidence of it. The BC is the one that turned us into the Trustee. They are leveraging their securities against ours and need us to come in and complete the transaction, otherwise they are holding the bill. I would still follow through with your Notices, because that is all the BOX TICKERS can do, process and some more processing.
Has anyone else heard about this?
-
yea i’ve heard of what you’re talking about and it makes alot of sense and quiet frankly one of the best ways of fighting them instead of giving them more credit through money orders and promissory notes, but whatever works as you work your way up. They’re bullying this individual cos they know they might not know the contract the debt collectors bought is a financial asset (otherwise they wouldn’t have paid for it) presumed an abandoned tax exempt original issue. It’s a path worth exploring along with the processes on here to help you call their bluff….any knowledge is better than no knowledge.
-
Sorry for the late response, I’ve been thick into it and getting my head around Securitisation and Trust Law. We have an obligation to preform and release the debt that is being held against the name in Trust. It’s not just about knowledge, but the principles behind each section/ department involved and their roles in play. It is just commerce in the end and the books need to be balanced at the end of the day. The money/credit needs to be returned to the source. The ATO is actually our friend and when you set yourself up in the right position, then they are the ones that will enforce Our Will and go against the ones that are taking from the name and not reporting it as earnings or capital gains. They hold the debt against us. It is our own greed that keeps us in bondage and feeling that we own these titles, but they are just forms with no substance and tell a made up story that we have been playing along with.
The only way to be free, is for that PER-SON to die and the New You to be born properly. IT IS REALLY ABOUT OWNING NOTHING, CONTROLLING EVERYTHING AND BEING HAPPY. EQUITABLE INTEREST ONLY.
We are the Attorney to the name. Maybe if going into court, that is who we should be and not the PERSON. We are there Appearing on be-half of the name.
-
-
-
The country I was born in, wasn’t good at keeping records. I have filled out an application and paid the fee for them to get a copy of it. They have taken the money and not responded to any of my emails….also there is no phone number to contact their BDM records office.
-
That is the problem, when you are not there. I am gathering Australia is accessing your Foundational security through your passport. I wonder if passport department of your country, have your BC details?
-
I have a BC but it’s not the live birth one.
-
That is evidence to your Live Birth, your receipt. The Registration number on it, is the link.
-
it is evidence that one exists.
-
-
-
-
Did you keep evidence of your payment and evidence of delivery?
-
Yes, I have copies of the bank transfer to their account. They emailed me a couple of times, and then just stopped replying.
-
Wonderful!!!
-
-
-
Your Citizenship documents might hold answers and maybe use as part of the evidence to the Surety. Also the Consulate of the country you were born in should have the source document accessible and also the Birth Certificate has the registration number to help them locate it. Hope that helps.
-
-
The Council’s Debt Collector Company have put a “Claim” in, on behalf of the Council, to the courts for judgment for the debt that they say is unpaid rates. (The Council rejected the hand written Money Order I sent as per Mark’s module. They said “these handwritten markings are not legal tender and the purported money order is not a bill of exchange”). It looks like at this stage it’s not a court summons. The court will pass judgement in less than 3 weeks. The documents says I can put in a Notice of Intention to Defend in “Form 6 to the Uniform Civil Procedure Rules” ….whatever that means..?
I’m not sure if the Debt Collecting firm has taken on the debt(like normal debt collecting firms)….they are making the paperwork look like they are just acting on behalf of the Council. Their claim to court is saying we did not pay the Council rates….”overdue”/”unpaid”.
Also need help on:
In Module 6 – Deliver Payment by Way of Money Order – A4V – To Discharge a Debt, there is a document “Instructions for Money Order Process to Discharge Debt”. In point #3. “Within 3 days of receiving a presentment from any 3rd party Debt Collector….”, it says to deliver to them “a, b, c” (letters) but I have not found these documents in the module at all.
-
<div>Hi,</div>
Morag often shares the 3 Step process (link below) in her comments. It says it’s for banks, but can be amended. I have used the process for debt collectors. They often stop when you ask for a contract as it doesn’t exist. Occasionally they push it to a second letter, but it rarely gets to a third letter. I had an email from government accounts department returned to the DAFF officer within 8 minutes when I asked for the contract.
Also, I search for return to sender addresses and label any unsolicited window envelopes with:
“Return to sender/Returned for cause without dishonour in commerce/ No lawful consent/No lawful contract/ Offer to contract declined. Unsolicited mail from third party interloper/Delete contact details immediately.”
https://www.dropbox.com/s/1h5ntobu5ty3xmo/Three%20letters%20process%20for%20banks.zip?dl=0
Good luck.
-
This reply was modified 2 years ago by Lyn Mangan.
-
The debt collecting firm seems to be the same one that other Councils are using. I sent them the 1st Notice. They did not reply to me. They immediately filed a claim for payment at the court.
-
This reply was modified 2 years ago by
-
-
Any private corporation requires a contract. No contract, no obligation. Debt collectors are third party interlopers. Did you engage their services? They have not followed due process. Was their paperwork signed? Does it mention the Clerk of the Court? Is there a bar code? Send a second letter, a Notice of Default for failing to reply. Silence is agreement.
-
The Cover notice is titled “Magistrates Court of Queensland”. There is a registry number, and a stamp “Magistrates Courts Brisbane”. The stamp is a basic circle with the words around and a crown in the middle. It is a black inked stamp. The cover notice is just proof that the Debt Recovery firm has put a claim in. The rest of the documents are from the solicitor served on my/our strawman names on behalf of Plaintiff: the council. No Clerk details. Where it says “signed:”, it is typed “Signature not required for electronically lodged documents”. They quote a lot of Acts to support Council’s jurisdiction etc. I will put copies here so that it can help others to be prepared. There are 4 photos but the system won’t let me upload them all.
I think I read a comment from Morag somewhere, but can’t remember where, that they can’t start with the courts if I already started my 3 step notices with them? Is there a reference to anything official/legal that I can quote. I’m trying to finish my 3 step notice process with them, but the 3rd party solicitor’s letter filed with the court says I need to give them notice of intention to Defend within 28 days of the personally served notice, which was delivered on 27th May, 2023. So it needs to be received by them by 24th June.
I don’t think I can adjourn because it’s not a summons to appear in court. It’s a filed claim.
-
-
the website is not letting me upload the photos
-
Hopefully these 3 photos show up.
-
You should complete the 3 step process. A friend has encountered the same issue. ‘Overdue rates’ went straight to debt collectors and a day after the date of a letter, they were served similar court filings at their home on a Saturday. We have followed a similar process, yet ours hasn’t escalated yet. They seem to be making an example on some. We received a letter but I returned it to them with a no contract with 3rd party interloper label.
-
I have seen a photo here that someone shared, of a label stuck over the window faced envelope to return it back to the same debt collector that I’m dealing with. Thanks for that info you shared. It helps to know I am not the only one experiencing this at the moment. I sent my notices to the council and the debt collector, keeping them as separate corporation’s presentments….although the 3rd party interloper is trying to use all the statute laws for council to claim rates to collect payment. They put that on the paperwork to the court, that their claim is based on the fact that I am a “natural person” capable of being sued.
-
-
Thanks. I’m glad it was helpful. I shared it on the other thread. They are getting tricky, but we have no contract with council or 3rd parties. At worst, if they insist on us participating in their performance, we have the right to meet our accuser, the plaintiff. It could be interesting to ask when SBRC is going to present itself in court in the interests of equity? I let her know she would be held liable in her private capacity and asked for her indemnity insurance details. She didn’t provide them of course.
-
The tricky part is them using a 3rd party. And the 3rd party Interloper not following the process of replying to the 1st notice, instead immediately filing a claim on behalf of the Council with quoting authority based on Constitution of Qld 2001, local gov acts etc. It would be good if Mark could look at these claim docs which the solicitor who works for the 3rd party company, will be using on everyone that the council sends their way. Because they are supposed to be a 3rd party Interloper, but the claim they put in is to help them with authority & jurisdiction. The claim they put in is like they are not a 3rd party, but as a solicitor for Council.
-
This reply was modified 2 years ago by sseeto.
-
This reply was modified 2 years ago by
-
Is there anything we can use which is rules or laws of equity & commerce that supports that they need to follow the 3 notices process once it has started, and not be allowed to put a claim in mid-way.
-
-
Cant we send them an invoice for compliance and admin services related to the matter for the sum of what’s owed? If they can send an invoice and claim why can’t we? The time and annoyance is not free is it?
-
Yes, if you’ve provided a schedule of fees. I’m working on an invoice
