-
Response from Council regarding Promissory Note
Hi All,
I received a reply from my first attempt at a PN to discharge alleged debt to council.
I have attached a copy of the correspondence, and basically it says ”Council dos not accept PNs for payment of rates….”.
All the documents including the PN were returned.
This is clearly abandonment of claim and I guess the next step is the protest document and quizzing them as to how the Bills of Exchange act, regardless of what year, does not apply to them in this case as a valid and lawful form of payment?
An additional thoughts from those more experienced would be greatly appreciated.
With thanks 🙂
-
11 Replies
-
this is a neat little trick go to the govt legislations , find the act your working with and type into the search within this act , “promissory note”
you’ll find promissory notes highlighted with that act as reference to the BOE as a method of payment.
<b style=”font-family: inherit; font-size: inherit; color: var(–bb-body-text-color);”>Tax Administration Act 1994
-
Thank you Kari
-
-
Perhaps outline all the legislation that state Promissory Notes are Money and Australian Currency and put them on notice that an offer refused discharges the liability to pay.
Did you put a default and liability clause on your contract? If you did you could start sending invoices for breach of contract. Send three to setup an equitable estoppel and then you can serve a creditors statutory demand notice to them.
-
Would you know where I would learn about the Default & Liability clause that Mark does. I don’t think there’s a video that goes with the module about it.
-
There is an example of a default and liability clause in Module 16. https://solutionsempowerment.org/p/module-16-default-liability-clause-notice-your-terms-and-conditions-in-a-contract/
-
Yes, I purchased the module but there is no video that goes with it to explain the document.
-
All a default and liability clause does is outline what they will be liable for if they default on the agreement that will be established after the third and final Notice. What stipulations and penalties you put in there is up to whoever is writing it to go with their notices. If there is a financial penalty then when the respondents default on the agreement the writer of the notices can legally send the respondnents an invoice for the amount stipulated.
-
-
-
-
-
Hi Shaun,
We are in a similar situation, we sent an A4V money order to our local council to discharge our rates and have had it returned after 3 weeks with a letter stating they do not accept money orders as form of payment. This is our very first attempt at this stuff and are now attempting to hold our position. As the council held on to the money order for more than 72 hours and as it is (according to the BOE act) an acceptable form of payment, we know they don’t really have a leg to stand on. We would appreciate any advice on how to reply to them to hold our position.
Thanks in advance
Jane & Chris
-
After a bit more hunting on the SE website we purchased the Knowledge Module Document pack – Module 6 regarding payment by A4V to discharge a debt and it included the exact letter we needed to use to send back to the council. Hope this helps anyone else in a similar situation.
-
Hey what was the outcome of the letter you sent off to the council.? Did the council persist andhave any further corespondence. Thanks
-
HI Jesse, thanks for your message. We are still currently receiving overdue rates emails and texts from the council. We have sent a letter saying we will only accept letters by post but this has so far been ignored. We will be sending them an affidavit listing everything we’ve done so far for the record.
-
-
-