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Bank cheque
received my rates notice which I dually edited/converted/ completed as a commercial contract, with NOT NEGOTIABLE….etc, Used a sum certain value to discharge the liability. Can I use a bank cheque made out to the council and attached via paper clip to the contract, to the Value of the sum certain. ( I don’t have cheque book)… concerned I don’t know how to find out if the council banked the cheque. I.e is a Bank cheque ok to use for payment
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15 Replies
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Have you discharged other debts before? If you do this process the council will not acquiesce quietly, they will try to get you back in contract with them on their terms so you have to know how to hold your position all the way to the high court for this process. Do you have your property in Trust to protect it?
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No and no. Have just created a private trust/non registered trust through Mark P. This is my first attempt at applying knowledge learnt through the modules to my “real world” situations.
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Something here may help you. Remember to have trespass signs locked gates and cameras up to protect your property.
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Thank you Morag. I am just listening to your posted video “law vs legislation – understanding the basics” 18 oct 2022. I will look at all this wonderful information you just supplied when I finish the video. I sense I need to complete a affidavit as soon as possible, secure property ( by trust) learn more, get uncomfortable and comfortable at the same time. Engage with like minded wo/man . This will require a lot more energy and time ( which happy to do) than first thought. Don’t wish to set wheels in motion that may result in unwanted outcomes due to lack of competence on my part. Thank you, thank you, thank you again.
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That’s absolutely my pleasure, we are all in this together, I’m so pleased to hear that you are willing to work hard to learn, you are already understanding and grasping one of the most important keys on this journey 🙂
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Hi Morag. I sent a smaller payment with last rates and only received this notice with overdue rates listed. I’m about to send a small cheque for services only from our rates notice, not general rates, but I’m not sure how to word the letter to the CFO. Can you please provide feedback on the draft below?
Within the universal maxim of law ‘notice to agent is notice to principal and notice to
principal is notice to agent’. Time sensitive document, estoppel conditions apply upon default. All addressed parties Jointly and Severally and applicable to all Successors Nominees and/or assigns.
Office Found and Offer of Payment
Re: Rate and Water Notice – Property Number: 123456
<b class=””>Location & Description: Nowhere Road, South Nowhere 1234 LOT 1 SP 123
Dear Susan
Circumstances have been trying in recent times, and we appreciate your understanding.
We thank you for your offer to contract in your Rate and Water Notice received 26<sup>th</sup> February 2023.
Our records indicate that the above account’s previous liability of $159.85 was discharged in full by BPay on 26<sup>th</sup> October 2022 Ref: 123456-1234.
Please find enclosed a cheque for $159.85 being the sum certain (UCC S4, S8(2) & S14(1)) for the services of waste management, rural fire brigade, rescue and state emergency levies.
Take notice, if this cheque is not returned within 72 hours of the time and date of this letter
it is assumed that the cheque has provided full and final satisfaction of the liability according to the Bills of Exchange Act, and you have assented to the terms of this agreement. If no reply is received, you also agree by tacit acquiescence:
1. That you will not enter any negative remarks to a credit reference agency;
2. You will no longer pursue this matter any further;
3. You agree to pay all fee schedules as attached.
Please Note: We wish to deal with this matter in writing and we do not give your organisation permission to contact us by telephone. Should you do so, we must warn you that the calls could be invoiced as per Fee Schedule listed below.
It has come to our attention that the property is held in Fee Simple in which case we have exclusive rights to use and possession and have no contract with you. If you claim there is a contract where you claim authority over our title, and/or we consent to pay rent/rates/tax to council, we need to see evidence of the signed contract between SBRC and ourselves. If you cannot provide it but you presume or you imply there is a contract, we revoke that immediately. Please provide the original contract, or it will be taken there is none in which case, we will not be paying any further General Rates Category 900.
Kindest regards
By: Lyn……
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This reply was modified 1 year, 1 month ago by Lyn Mangan.
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This reply was modified 1 year, 1 month ago by Lyn Mangan.
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That sounds like a well worded first Notice. It will be interesting to see how you go with this. Please keep us posted.
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Will do. Thanks again. I’ve had a few successes so far with a few cases in limbo atm. If the worst comes, we’ll recycle and burn any remaining rubbish.
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We received a reply on the 17th, with the council letter dated the 7th March. I’m formulating a response now. “Council is empowered under Section 94 of the Local Government Act 2009 to levy rates… and does not require a contract.”?
There are several points to rebut, including the cheque written for the sum certain of $159.85.
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Was the Section 94 of the Local Government Act 2009 to levy rates okayed by The Queen?
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This reply was modified 1 year, 1 month ago by
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I haven’t had a chance to research yet but I’m guessing the answer would be no. I know the Queen never had a conversation with us regarding changing the conditions of our Fee Simple title either. I’ll be looking for cases of precedence. At least it was addressed to us, not just a generic response
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Go after Susan and ask for the evidence that they got the Queen’s assent. Also put her on notice and ask for her private indemnity insurance account number and provider. Go after the Agent acting on behalf of the service corporation. Ask her for the contract of authority over you. So technically, she is an accomplice to the fraud and is trying to extort money from you and you don’t consent to that and any contract needs consent by both parties. Maybe even call her directly, let her know you are recording it for Lawful purposes, have a nice conversation and then get her with questions. Catch her off guard.
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This reply was modified 1 year, 1 month ago by Ant_made.
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This reply was modified 1 year, 1 month ago by
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This is what I have penned so far. Any suggestions? I could have written 5 pages, but thought simpler may be better.
