Information on payment options.

[yvie76]

How does Consumer legislation trump Bills of exchange Act 1909?

• This reply was modified 2 years, 9 months ago by  yvie76.

[Danny]

Great point but I was not aware within the BOA there is a section that states we are legally untitled to payment options. I would be very happy to know the section if anyone knows of it. Thank you 😊

[joerg-m]

Who was writing this to you? Looks more like a private company rather than one of the Government entities. And even then they would admit that they are a private organisation rather than government. Thats why I was crossing out all the payment options (when I got the notice and converted it into a Contract) and only had 1.) do not pay 2.) Pay by a BOE. When I called TMR regarding my fine I could sense by the response of the Agent on the call, that I was hitting a nerve. She just kept repeating stuff, regardless what I was asking and requested the evidence and then hang up on me. You do not do this if you are sure about your position.

• This reply was modified 2 years, 9 months ago by  joerg-m.

[Danny]

Thanks Joerg, so when you say you crossed out the payment options may I ask why you would do that or need to do that?

I have a statement of account with no tear away section, I have asked for all payment options but they stated they don’t supply all payment options.

So I’m thinking my next or maybe my only option is to do a BOE payment.

The governor body I contacted was the ACCC.gov.au Nandi that is what I received in return. I don’t believe it to be right but again I can not find anywhere to state otherwise. Thanks for your feedback.

[joerg-m]

On the backside of my infringement Notice I had some payment options. Typical ways like BPay, bank transfer etc. I deleted all of them and then just added my lines.

But again this seems to be a non government entity and I have not yet tried the BOE path on them. I want to see if I can eliminate my fine this way and once successful I will try this with other parts in life.

• This reply was modified 2 years, 9 months ago by  joerg-m.

[Danny]

So you say you have not paid the infringement notice yet? I have discharged the liability to pay a debt with a statement very simulate using a A4V process.

It is a government body but they just do not know the truth about the BOE act as they are just told something and then they repeat that info to the public. It is the case with so many situations unfortunately.

[Danny]

Also when you say lines you mean the lines are your T&C? But have you discharged the statement?

[joerg-m]

Oh yes, I have paid or better discharged my liability already on the 22nd July. I have called up TMR and asked for the status of my infringement notice and it was of course not accepted. I had an Agent on the call and she did not really know what I am talking about and only after she talked to her manager or so, she came back and just parroted what ever she got told (we only accept the outlined payment options on the notice and if I want to choose another one I have to agree this with the issuing party / QPS). I asked if she can give that to me in written form, or direct me to the website where this is stated which she refuse and then kept repeating it 2 more times and hang up on me. Funny things is that I got then at the same day a letter form QPS where they complained about my contract and my terms cannot be accepted. They did not even mention my BOE. So I wrote to both of them with a time sensitive estoppel. I set them a deadline for tomorrow and i have not received a reply from either parties.

[Danny]

Good work, yeah it is hard taking with them I agree. Are your points on your licence untouched?

[yvie76]

Ok who told you that?

[Danny]

The ACCC

[morag-janet-of-the-hill-family]

I think they have given you great advice, if we vote with our dollars if a business refuses to take a payment and let the owner/s know we are doing this, then that can be a very strong incentive for them to accept cash. If you are paying with a BOE then the BOE Act supports those payments. If you have already received the goods and they refuse your payment then they have forgiven you the debt.

[Danny]

Yes I have received my good and so now I have a statement of account. As I stated before I did ask them to provide all payment options but they say it’s not possible. Do you believe me stating I want to settle the account pending they provide me with all payment options would that count as them forgiving the debt?

[morag-janet-of-the-hill-family]

Just give them the payment you have and see what happens.

[Danny]

I was planning to do the A4V but that is not a option anymore so I guess you mean the BOE?

[morag-janet-of-the-hill-family]

If you know how to do one competently and know how to hold your position with it all the way through to court then that would probably be fine.