Local Council ignored my 3 notices, next steps a

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

If you sent three notices with an affidavit accompanying the first notice and they have remained silent, then celebrate! If you have waited the 14 days or whatever for them to reply to the final notice and they have remained silent then you have gained an equitable estoppel agreement and a private default judgement. You can now complete a final affidavit outlining all that has transpired and been agreed to with your process and using your notices and evidence of them receiving them as exhibits to the affidavit and then send that to them. If they still remain silent then that affidavit becomes truth in commerce after the period you give them in the affidavit to reply (maybe 14 days?), You can then use that in court to evidence the agreement gained if you need to. Here is a generic fourth step affidavit.

Generic-Fourth-Round-Affidavit-1.pdf 24 KB PDF - Click to view

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[rtw711]

In the Affidavit, should you remove the copyright symbol that is included after the name if you don’t have copyright ownership of the all capitals name (and variations of this)?

• This reply was modified 11 months, 1 week ago by  rtw711.

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

Yes but you can copyright your name, this lady used to provide that service and maybe she still does. Just contact her to see.

Debbie-Copyright Claim Services

<ccsadmin@copyrightclaimservices.com>

[rtw711]

Thanks for that info MJ.

[Karen]

Thanks so much Morag. Hope you are well.

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

yes I am thanks, had a minor cold but I’m over that now. healthy body due to no jabs 🙂

[Karen]

Hi Morag and other members,

Sorry to bother you. I would be grateful for your input and suggestions. I lost focus and did not complete the affidavit as you suggested for this matter. My humblest apologies. The matter stands that I issued Council the 3 letters as per Mark’s templates to stop then entering our investment property. I installed No Trespass signs also as you and I discussed. Council did not reply to any of the letters answering the 28 questions. The deadline for response by Council was 5:00 pm on 5/4/2024. At 4:16 pm this afternoon Council sent us an email advising it is coming with a search warrant at 10am tomorrow to gain access to our premises. What actions are best? It was suggested that my husband and I not be on site so when they approach the high security gate they have to force entry. My brother lives on site (along with other occupants) and he has been studying Mark’s trainings also. He is confident to speak to them and maintain our position of ‘no trespass’, ‘your are breaching the peace’, ‘I do not consent’, ‘Council is in commercial default and therefore the matter is settled as your acquiescence is taken’. Any other suggestions would be very much appreciated. Is it too late for me to prepare the affidavit now? I have looked to book a time with Mark however it appears he is not available at this time. Thank you in advance.

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

Hi Raindrop-girl, this is the first time for me seeing this post. What has happened since you wrote this?

[Typan]

Hi, I’m new to all this. I’ve sent Gold Coast Council the three letters & the only response I’ve received was an overdue rate notice which I did not open & returned. I want to avoid court as I pack experience in these matters & would prefer to go to a round table meeting. I need someone as Mark alluded to assist me in a pseudo legal capacity so was wondering if anyone here knew of a contact on the Gold Coast to help coach & mentor me & perhaps attend the meeting. A meeting has not been scheduled as yet as it will be some time off, I’m awaiting the bombardment from debt collectors Hope you can help.

[Marianne]

I have sent the following letters to our local Cardinia Council: Demand for Proof of claim 29/01/2025, and Notice & demand letter 28/02/2025; we received a reminder notice from Council and no acknowledgement of our letters. We instead received a collections notice from Midstate CreditCollect to which I responded with a Notice of Conditional Acceptance, and the next letter they sent I RTS. The council was then sent a BoE done correctly as per Mark’s instructions and a Notice of Payment. A Rejection letter was then sent to the Disputes Commissioner at the Council.

The Council have just sent a response back acknowledging our correspondence. Here is their letter below.

I refer to your letter to Council dated 19 May 2025

From time to time Council receives such correspondence, which can be readily purchased or copied from the Internet, and which has no legal validity or effect.

Further, for the reasons that follow:

* You cannot create a unilateral contract with Council, merely because Council does not respond to you within a particular timeframe or fashion; and
* There is no legal basis for you to purport to impose any financial penalties upon Council, merely because Council has not responded to you within a particular timeframe or fashion, or because Council engages agents to collect a debt that you validly owe; and

* Nothing in your correspondence absolves you of your legal obligation to pay outstanding rates, charges and interest levied by Council over (address) (Property) pursuant to the Local Government Act 1989 (Vic) (Act).

We attach for your information a Fact Sheet issued by the Victorian Government which details various reasons why local Councils can lawfully levy rates and charges against property owners.

Council notes, as follows:

1. (our names here) are the owners of the Property.

2. Pursuant to sections 156(1) and 172 of the Local Government Act 1989 (Vic) (Act), the owners of property are liable to pay any rates, charges and interest levied by a local Council in respect to rateable property within its municipality.

3. The Property is rateable property.

4. As at 29 May 2025, the sum of $2,190.14 was owing in respect to unpaid rates, charges and interest.

5. Council only accepts payment in Australian Dollars (AUD) via any of the methods listed on our website and on the rates notices.

6. The arrears owing to Council totaling $1,657.88 are payable immediately.

We do not propose to engage in any further correspondence with you regarding your comments, but we encourage you to seek independent legal advice.

Council reserves all of its rights.

Yours faithfully,

(Stephen’s signature here)

Stephen Cleland

Coordinator Rating Services

** Not sure what next to send to the Council. Do I go ahead and send the Default Notice letter and then follow up with a Final Notice?

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

If you want to attain an agreement you need to proceed. You could possibly also thank them for their reply however I am still waiting for you to produce evidence of blah blah blah etc How does legislation apply to a living woman etc. Another thing you can do is watch webinar 4 and 4b and prepare to do that if they just keep sending offers.

[bhavna]

I’m just going through some of the training with letters. One thing I found interesting was when then person you wrote to isn’t the person writing back to you.
This is what I had with my Directors ID non-consent.

The statement in the video in the ‘Simple Art of Letter Writing’ course is:

—-
As We wrote to Bob (insert the Name you address notices to) We do not understand why Deputy Dawg (the Name of who is sending you the reply) replie to Us in the puerile attempt to obsfucate the facts and re-contract Us.
—–
How well would that work in this situation?

With my non-consent notices, I acknowledged the letters from the random person, and re-applied that my questions had not been answered.
The reply you’ve received reads like a threat,with the hope to shake you into compliance.