Module 67 - Strategies to Stop Home Intrusions -
Info on payment options.
Hi,
I wanted to ask is there legislation that states that people (person/s) are legally entitled to all payment options? I thought maybe under the banking act? If anyone knows and could share that would be much appreciated. I am in Australia by the way.
Thank you.
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6 Replies
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What payment options are you referring to?
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The party who is issuing the statement of account must provide all payment options. I was looking through my emails I had sent to a party in regards to asking them to provide all payment options.
I quoted the banking act but I think that is wrong.
I have successfully discharged that liability but I just wanted to confirm the right legislation for the providing of all payment options.
Hope that makes sense.
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Here’s a page that outlines rules under this piece of legislation. https://www.accc.gov.au/consumers/buying-products-and-services/payment-methods#toc-cash- It only seems to skirt around things. The best way to have any business admit that BOE’s and PNs are legal tender is to ask them questions around the BOE Act 1909 and when they don’t answer after three notices, then you have reached an agreement that they have accepted that method of discharging the liability. We don’t make payments we discharge liabilities by a different performance with consideration attached.
accc.gov.au
When using a payment method other than cash, consumers should read any terms and conditions carefully. Businesses should be clear about the total price payable.
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Hi Morag,
Yes I found information on that site too, I actually emailed them last year and here is their response.
In my emails to the party I was in correspondence with I did ask, are they not prepared to provide me with a payment option that meets federal legislation? They said no and they do not have too, so I then thanked them and stated the BOE act section 48 where it states their dishonour by non acceptance discharges the liability.
That was pretty much it after that, that party went away pretty easy.
The party I am dealing with at the moment is really putting up a fight, I am learning so many new things quickly due to there pressure. I am holding my position well and I look forward to it being over so I can share my experience on the success and failure group.
With the BOE sec 48 statement, because the BOE act is the principal act in Australia, I was correct to state that they have dishonoured by not providing me with all payment options?
To me because the BOE in the principle act I guess the other acts fall under the BOE act.
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As I said a BOE discharges the liability it doesn’t pay the alleged debt. So maybe talking about payment options may not serve you well in this context. They are claiming you are a debtor but aren’t you acting as a creditor?
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When I was talking about my payment options I was being the creditor, by me stating I want to settle any matter makes me the creditor, so by them denying me (via non acceptance) a way to settle the account makes them in dishonour.
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