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Default on a Notice of conditional Acceptance
I sent a Notice of Conditional Acceptance, Offer of Payment, and Notice of Demand for Further and Better Particulars to an employee at my water company, SA Water (SAW), and they wrote back writing my name in the format “:John-Henry:” instead of the previous format of “J H DOE” with my address in all uppercase letters. They defaulted as they did not reply within the allotted 21 day period but replied sending me a letter dated the 20th day (of the 21 day allotted period) which I received a week later. I sent them the Default Notice as I didn’t receive their sworn/affirmed affidavit rebutting my Notice of CA. In their letter, they again claimed (as they did in a previous letter) that a contract exists between SAW and a customer where the customer is receiving a retail service from SAW and begins when the transfer of ownership of the property has been completed. However, at the time of purchasing my property some years ago, no paperwork from SAW was given to me disclosing that a contract had been created between myself and SAW. It may have been in fine print on the loan agreement. However, that loan agreement would have ended a few years ago when the loan was completely restructured and a new loan agreement created with no clause included for the payment of any council rates, water rates or government taxes..
I intend to send a response along the following lines:
I acknowledge receipt of your letter dated 24 January 2024 on 31 January 2024.
You were compelled and required to deliver to me at the disclosed address included in my correspondence titled “Default Notice for Request for Further & Better Particulars” dated 29 January 2024, your sworn or affirmed affidavit by rebutting each and every paragraph, point for point and with evidence, to this Default Notice for your truth to prevail or admit by default by your failure to reply and answer this Default Notice to your acknowledgement and agreement to your lack of authority, jurisdiction, status and standing over me, and
We do not consent or authorise to be contacted by telephone, cellphone, text message, e-mail, or personal visit about this matter.
As expressed in my Notice of Conditional Acceptance dated 29 December 2023, this is not a dispute where I clearly stated would meet all my financial obligations and liabilities on condition you and SA Water provide supporting evidence by way of sworn/affirmed affidavit to the 28 paragraphs in that Notice. Your threat of commencing recovery action on the alleged debt will be used against you in any legal proceedings.
1. Is there anything in the above proposed response one should not include?
2. By addressing me as “:John-Henry”, are they attempting to contract with the living man “John Henry” which a corporation cannot do?
3. They also claimed they included with their initial December letter a copy of the Standard Customer Contract. This is a blatant untruth as they absolutely didn’t. They returned my Express Trust Contract financial instrument along with their letter.How would one respond? They have just under 21 days now to respond.
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This discussion was modified 1 year, 4 months ago by
rtw711.
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This discussion was modified 1 year, 4 months ago by
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13 Replies
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We do not consent or authorise to be contacted by telephone, cellphone,
text message, e-mail, or personal visit about this matter. [You could add this point]Incorrectly addressed mail may be returned without dishonour. This is the correct address, registered mail or signature required mail, to ensure a record of delivery to; <your acceptable mailing address. [and then]
If no reply in the correct manner as outlined above is received by close of business 5 pm on ….day the 2nd of <month> 1. The matter is finalised, and <whatever other conditions you stipulate that have been agreed to>
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Thanks M-J.
1. Yes, I did include the section pertaining to “We do not consent or authorise to be contacted by telephone, cellphone,text message, e-mail, or personal visit about this matter. [You could add this point]” in my draft response.
2. In their letter (which I believe was most likely written by their govt lawyer), where they addressed me as “Dear :John-Henry”, what do you think they were trying to achieve by doing so? e.g. are they attempting to contract with the living man “John Henry” (Doe) which a corporation cannot do? They didn’t address me as “Dear John” as they did in their previous letter.
3. Would you make any comments about their alleged contract they claim exists?
I did ask Mark about this in a Q&A recently and he said there is an implied contract as I previously have had the opportunity to decline their services in relation to them supplying water to my property and charging me for sewerage access but by paying the previous water bills I have assented to their terms. However, I can terminate the implied contract by notifying them I no longer require their services which I could do and still receive water and have access to the sewer because they would have to dig up the street to stop the water supply to my property which they cannot do.
Your thoughts?
4. Also, could I have the contract voided if I send them a Notice of Conditional Acceptance where I ask them to provide proof of claim that they supply safe, high quality drinking water and they fail to do so, thereby going into commercial default and voiding the contract? I have 3 carefully worded letters from another site that I am considering using.
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There’s a little bit in here about withdrawing implied contracts. I’m not sure if this is your letter or it may be another members dealing with this issue.
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No, that is not my letter.
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Ok, I hope it helps somewhat.
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I don’t think they are trying to contract with the living man as they can’t. If that is how you addressed yourself to them they are probably just using that moniker.
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Thanks. I referred to myself in the format “John-Henry Doe (“I”, “we”,”us”,”our”)” without the colons.
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This reply was modified 1 year, 4 months ago by rtw711.
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It doesn’t really matter how they address you/your strawman in correspondence as you are not a name, so when they use a name, the name is always a dead entity, just a name on a piece of paper, no matter what that name is.
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Thanks for all the info and the clarification.
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Have you purchased the holding your position module, it has some great information and templates in there.
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Thanks M-J for all your helpful advice and assistance.
Yes, I have purchased a number of modules including that one.
I’ve been having trouble posting replies/questions. Wasn’t able to yesterday.
Is there a character limit for posts?
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This reply was modified 1 year, 4 months ago by rtw711.
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This reply was modified 1 year, 4 months ago by
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I don’t know but sometimes I have similar problems. When that happens, I PM whoever I’m trying to talk to directly and the PM works.
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This reply was modified 1 year, 4 months ago by
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They sound like good ideas to me. You’ll find some information about withdrawing in the above pdf.
