Promissory Note Removing Lien and Process? Templates Here

Discharging Liabilities (Debt)

Promissory Note Removing Lien and Process? Templates Here

Posted by greg on December 20, 2022 at 5:53 am
Hi folks

I used the promissory note letters as a template to setoff/settle an outstanding balance on a secured car loan with MAcquarie. I attended the date of settlement and no show by any parties. They took months to respond and have NOT returned the promissory note in almost 9 months. As Mark likes to say don’t actions speak louder than words? And so even though they are sending back funny legalese style responses that they dont ‘accept my request to settle contract with the promissory note’, its a bit late when they haven’t returned my payment. My only concern is i didnt send notices within the window of the BOE but they took months to respond to each letter anyway, and i may have not given them enough time from sending the letter to meet at the venue to accept the payment but they had plenty of follow up time. 

So my next step is id like to approach PPSR the right way and have the security interest/lien against the car removed. Has anyone had any success with this? What would be the process to put pressure on the PPSR since Macquarie accepted I put a fair bit of research into this process and would be happy to share my templates and correspondence for the benefit of this group if folks are interested, including all the correspondence in replies starting from this last letter to the preceding letters. What do you all think?

Final notice letter 4th template:

Macquarie Group

50 Martin Place Sydney

New South wales

Equality Before The Law Is Paramount

All Law Is Contracts and Only Contracts Make The Law

Notice to Agent Is Notice To Principal And Notice to Principal Is Notice To Agent.
All addressed parties Jointly and Severally as well as their Successors, Assignees and Assigns or Agents.


 PAYMENT CONFIRMATION AND FINAL NOTICE OF DEMAND 

Re: Delivery of payment instrument promissory note GPJ666623423424322022 dated 24 Jan 2022 as payment to discharge the liability to pay the debt against account being EPN12334432432 on behalf of RICHARD ROE


Dear Shemara


We delivered in good faith payment by promissory Note – RR234234234212022 ( referred hereinafter as the ‘payment’ ) ( tracking number EPN020100723423424234234 dated 24 Jan 2022 ) in satisfaction against the ALLEGED outstanding balance of the account disclosed above. The promissory notes were tendered in good fath despite being uncertain whether Macquarie Leasing was in fact the creditor to any loan or advance. Is it Macquarie Group’s or your assumption/position that there remains an outstanding debt or balance owing against this account? If so, can you please explain or provide some information on what basis that is, considering the generous payment above the alleged amount owed, can now be assumed has been cashed/processed by Macquarie Group, as it was never returned, in an approximate 9 month window of opportunity to do so? Can you provide ANY proof via your accounting records that this payment was not accepted and cashed in full? 

In order to satisfy the principle of “honour in, honour out” and “clean hands” we nevertheless delivered payment by pay of Promissory Note against any alleged debts to Macquarie Leasing.

To confirm our obligations to Macquarie Leasing, we sought proof your corporation was in fact the creditor to any alleged loan or advance to RICHARD ROE. To this end, we directed you to present us with an opportunity within 21 days of the date of that notice, an opportunity to examine the original bona fide wet ink signature completed loan application to the above signed loan accounts at any nearby local branch office to us so we could have confirmed that your corporation was indeed the creditor to its claimed loans or advances. Which no response or answer was provided, so can we not now assume no above-mentioned proof exists?


We were eager to confirm your corporation as the creditor to the loan or advance pursuant to the above mentioned accounts, and to contact us in writing so we could be afforded a remedy with which to rectify it. In doing so, of course we expected that you would notify us of the specific defects or deficiencies within our delivered payment/ Promissory Note by way of your/testifiers signed and sworn or affirmed affidavit with supporting evidence validating your/claimant’s claimant, which none was provided, and in fact by your actions, appears to be the strongest form of acceptance of payment, by your corporation’s failure to return the payment and we assume cashing it for full value. There is a maxim that actions speak louder than words, so we will do our best to communicate to you honestly and effectively based on that premise. To put it plainly, where is your accounting that shows your consideration in establishing any initial alleged ‘loan’? 

If it is claimed our delivered Promissory Note/payment were insufficient or deficient or defective in discharging or otherwise satisfying any valid liability to pay the alleged debts of the above mentioned account, we directed you to return the Promissory Note to the maker (us) within three (3) days of the date of receiving it with your/Macquarie Leasing’s signed notice of Dishonour and evidence supporting the claim as deficient or defective regarding the Promissory Note, and as of today’s date, November 3rd 2022, none appears to have been provided within an approximate 9 months. It is our understanding a Promissory Note is supported in at least 6 Commonwealth Statutes and is as good as cash and to be treated as such, which your corporation has not denied and appears to have agreed to by the actions of keeping the payment in question. Can you see my situation as to why some pretense that payment was not made or didn’t exist, as unethical, dishonorable and an attempt at harming and stealing from me financially and legally? 

Alternatively, if the Promissory Note was not returned to us or presented to the maker within 72 hours of receipt as per delivery, it was deemed by all parties in this matter that you/Macquarie Leasing had accepted the note in full and final satisfaction or discharge of the maker’s liability to pay the alleged debt to Macquarie Leasing, to report the account and balance as fully paid and settled, and to report this to any relevant credit reporting agencies, or be held liable for damages to our commercial estate or status. Thank you for acceptance of the payment, and I now therefore require you to update the account as paid in full due to your actions of accepting the payment. I now thank you for accepting full liability for damages to my commercial estate or status, by your actions of acceptance of payment. 

Should you/Macquarie Leasing, via its employees or agents, continue to make any unsubstantiated claim to their deficiency or defectiveness, or pursue collections against us or our estate subsequent to taking delivery of the Promissory Note/payment, it shall be deemed by all parties to the NOT NEGOTIABLE contracts that Macquarie Leasing – defaulter has committed a commercial default of the contract, thereby invoking the defaultee’s rights to recover their award for breach of contract, including collecting interest from the date of this letter at a suitable rate, inclusive of inflation. 

We bring to your attention we have the means with which to track and trace the unique number of each Promissory Note and to identify the overseas or other purchaser of said Promissory Note

We directed all proceeds of the securitization of our delivered Promissory Note to be applied to their respective account so as to discharge the above disclosed liabilities to pay the alleged debts to Macquarie Leasing and any remaining proceeds surplus to discharge the aforesaid liabilities thereafter may be disbursed in favor of Macquarie Leasing at its sole discretion. We provided a sum substantially above the alleged amount so as to be generous to Macquarie Group’s value in the transaction, and still desire to continue a positive relationship. 

Finally thereafter, we seek and direct Macquarie Leasing and release and forward to us the original unencumbered title and release any security interest against relevant chattel or assets, as well as the appropriate statements of account showing the account balance as ‘zero’ and the accounts ‘closed’. It is our express desire to exhaust every opportunity to settle this matter privately and amicably, and as per the initial agreement we do not consent to this matter going to any “court” or 3rd party, and our email richardroeexample@tutamail.com is given to resolve any alleged controversy. I realize your staff follow a certain process and policy, but if this continued false pretense of claiming an outstanding debt remains when you have accepted my payment, I may be compelled to have your accounting in this matter examined under legal compulsion and/or criminal forensics, and/or expose the harm Macquarie Group has attempted to cause me by whatever lawful means necessary, including in a public forum if my lawful remedies have been compromised and/or exhausted, as well as the apparent severe violation of corporate ethics, standards and laws, which I would prefer does not have to happen, and that we can come to an amicable win-win settlement. 

Thank you in anticipation of your honorable, amicable and professional services in this matter 

My very best regards

Richard roe

My very best regards

By

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The persons personal representative
For RICHARD ROE
Reg No<Birth Cert No. 3210821/00/AU/19800/324285
In own right. All rights reserved
- This discussion was modified 2 years, 6 months ago by greg.
Bec replied 1 year ago 2 Members · 1 Reply
1 Reply

Bec

Member
May 28, 2024 at 6:08 pm

Hi Greg I’m new to the group and working my way through all the information. I am wondering how you went with discharging your car loan? I was planning on preparing to get my loan discharged through Angle Finance.. I was hoping to get some advice from someone who had success. Any advice would be much appreciated. Thank you Bec 🙂

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Bec