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claim with Cheque process
Greetings to all,
I have done a cheque offer process back in August 2023for our council rates. They had not sent me anything back on it for 9 days after they had received it. They did not return the cheque, but asked me how I would have them apply it to the total sum owed, as it was a cheque not for the full amount owed. Duh. I have continued to hold my position until now and they have since after their first letter ignored my one question which is: ‘We are asking the payee to provide evidence they have authority to renegotiate the new contract that was entered when the payee retained the cheque for longer than 72 hours after receiving it, without first attaining our consent.’
After sending 4 letters to them responding to their demand for payment, they have now got a lawyer to put a claim against me and my husband.
Does anyone have experience with this? What should my next steps be?
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2 Replies
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Firstly study up on court procedure, also start a three step notice process with affidavit so you can gain a private equitable estoppel agreement and private default judgment. Get an adjournment if they try to hurry you into court for your sick mother, drs appointment, meeting you previously agreed to or something in that vein that stopped you being sufficiently prepared (it needs to be a genuine reason with evidence if necessary) then that will give you more time to prepare for court.
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Go to the next Q and A and ask Mark what he would do if he were in this situation, or seek a private meeting with Mark.