[Bernard]

Wow, this is so good, I would say you are the legend.

From my noob perspective this was so well done, very firm but respectful, you clearly know your stuff. Thank you for posting this, very helpful to hear a real case and see how arrogant the courts are in dealing with someone who knows their rights and won’t consent to playing their game.

[Bernard]

Great to hear about your experiences Renae. I’m certainly enjoying myself too!

I would agree with you that westpac have been paid 3x. I would think that by Westpac selling their debt to the debt collection agency you now no longer have a debt to Westpac but don’t rely on this, only my opinion and I’m still learning too.

I’m doing the same thing with Macquarie but they handled it a bit differently and chose to just deny that my payment had arrived. Even after I provided them with a copy and proof of delivery to the minute 🙂

Now I’m moving onto making a 4 fold counter claim so see how we go with that!!

It is definitely a lot of work but so much fun!

[Bernard]

Hi Brett,

I can see that this post was from October so you may be well past this information being usefull to you but here goes anyway.

I’ve just been through a similar thing for a traffic offense whereby I submitted a court election to buy me some time. I was able to convince then to reinstate my license over the phone due to the court election. The court notice took quite a while to arrive and the court date was set for 13 months after the initial fine was issued. During this time I completed the 3 step process and achieved an equitable estoppel. Transport NSW removed the fine and I thought, yay win for me.

Turns out they still decided to have the court hearing without me and sent me a Notice of penalty for $800 from the court. I emailed the court and appologised for not knowing that I needed to inform the court that the fine had been removed. They replied and said that the fine was removed because I had elected to have the decision made in court and that once you make a court election it is not able to be removed (might be why yours has disappeared too).

Anyway I sent them a copy of the equitable estoppel as evidence the fine had been removed and the section of the fines act which states a traffic case may not be prosecuted more than 12 months after the issue of the fine. I asked them a second time if they had authority and jurisdiction to do this. And gave them the choice to either grant an annulment based on the information i had provided or pay the $800 they now owed me after I turned their notice of penalty into a contract.

I should hear back from them in the next few days.

So maybe be prepared that you may still have a court date coming and be prepared to show up in court with your evidence. I wasn’t very keen to actually go to court, one day maybe but not at this stage of my learning.

Hope this helps.

[Bernard]

Hi Jane,

I live in Northern NSW too, still new to all this so I don’t think I’ll be much help to you. I’m working on my credit card with an A4V, sorted some fines and am dealing with my employer using these processes but haven’t ever done a round table meeting.

I would however be very interested to stay in touch and hear how you went with it. If it happens to be Lismore council let me know because I have plans to start dealing with them soon too.

All my best

Bernie

[Bernard]

I’m a member of the citizens party, they do great work, call out the banks on their BS and corruption.

Lots of great ideas that would improve every ones living standards.

The only political party that I would have anything to do with.

[Bernard]

I would say just send it to the CFO.

[Bernard]

Hi Brandon,

Disclaimer : New guy with no idea here. But at the risk of being wrong I’ll give it a go.

My understanding is that the statement of account is an incomplete instrument or contract which you complete and turn into a contract. It is not a bill of exchange but it accompanies the Bill of exchange (PN or MO) as the completed contract between the parties.

So the statement becomes the completed contract. The BOE is the payment.

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No clue on the “unqualified order to pay” sorry. I’ve read it a few times and still makes no sense to me.

Best wishes

Bernie

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[Bernard]

Oh and please correct me if I got any of this wrong.

australiancontractlaw.info

Consideration — Australian Contract Law

Consideration — Australian Contract Law

[Bernard]

Hi Brandon,

Before I make an attempt to answer this I’ll just make the disclaimer that I am totally new to this and really have no clue. So be warned.

My understanding is that the 5c is the consideration that is required by law to make a contract valid.

Here is some stuff I found online.

“For consideration to be deemed valid, it has to contain some act, payment of money and a promise or abstinence. Therefore, one party needs to make a promise against the promise of the second party. Only then can you have a valid consideration in your contract.”

“Consideration is the price that is asked by the promisor in exchange for their promise – the price for a promise.

In many jurisdictions consideration is not an essential element of a contract – it is sufficient that parties have reached a binding agreement. However, the common law requires that (subject to limited exceptions), for an agreement to be binding, the promisee (or promisees) must provide consideration (payment of some kind) for the promise they have received.”

I’ve read this about 12 times now and I think it’s starting to make sense.

This website explains it in more detail https://www.australiancontractlaw.info/law/consideration but I think it’s doing more to confuse me than help me understand.

Hope this helps

australiancontractlaw.info

Consideration — Australian Contract Law

Consideration — Australian Contract Law

[Bernard]

Wow. That was awesome.

[Bernard]

Well done Brett! Great to hear how well just signing your name properly and reserving your rights works!

I’m just about to send my final notice to Revenue NSW regarding some infringements and to protect myself from further statements of account or license suspensions. I just checked and they have removed all demerit points (it was 13 and I had elected to be on “good behavior”) and two of the infringements have disappeared but one fine still remains.

I’ll be sure to report here on how I go.

Keep up the good work, the more of us doing this stuff the better!

[Bernard]

Yep that’s exactly what they did.

That’s after deciding my reason for not voting was not valid, and not responding to my first notice. I hadn’t sent then my second or third notice because it was only for $55 and I was just using it as a practice exercise. I’ll now complete the process and hold my position.

[Bernard]

Quick update. I ended up calling Revenue NSW and used the phone process to try and waive the suspensions. The lady was quite friendly however did not give me her full name and didn’t agree to take liability for her decisions. I decided to go ahead anyway – maybe a mistake.

I tried the equitable estoppel approach however she claims she can’t find any evidence of the equitabble estoppel. I tried the genocide approach however she said she can’t remove the restrictions because they came from other agencies ie the court and the electoral comission and I would have to get them to lift them.

What she did however do is reinstate my registration while she submitted another claim for my not voting reason, 28 days for them to decide. This buys me time to send my last 2 notices to the electoral comission and establish an equitable estoppel with them and/or have the fine removed.

She also put a 2 week hold on the court fine which gives me a bit more time to deal with the court before they suspend my licence again.

Oh how they duck and weave to make life difficult for us. It does however buy me some time and attempt to approach this from another angle.

Best wishes

Bernie

[Bernard]

Hi Guys,

Having a bit of a downer now, turns out things arent going as smoothly as I thought. I’ve now received a notice saying they have revoked my registrtion for not paying the no voting fine. I’ve also just checked my Service NSW account and they have also suspended my licence (again) for my dealings with the court where they ruled against me despite an equitable estoppel being in place. It looks like they have just ignored everything I sent them and suspended my licence and registration.

I’m a bit lost at what to do now, I thought I was doing OK at holding my position but I’m not sure what to do now when they blatantly ignore and disregard the equittable estoppel that is in place. I have sent notices and informed them of this multiple times, I’ve sent invoices for their breaches but they still just ignore and do what they want anyway insisting that I must pay their fines to have my license and registration reinstated.

I must admit I am nervous about calling them and asking them to reinstate my licence because I’m not confident that I will get anyone to take liability for their decisions over the phone.

Any advice, guidance, sugestions or support would be greatly appreciated at the moment.

All my best

Bernie

[Bernard]

Morag thank you very much for this. This is very helpful.

[Bernard]

I also need to do this. I was in Service NSW last week to get my firearms license which you need to sign for. I did notice that they now give you a little piece of signing paper and no longer get you to sign on a touch screen.

I began to write All Rights Reserved and about half way through she gave me a new signing paper and said we can’t legally accept an All Rights Reserved Signature. I said “But that is my signature?”.

She explained it away by saying there was some “knowledge article” about it which she tried to find but couldn’t. I’m assuming it was some propaganda released by Service NSW to convince it’s employees that they have some kind of authority to tell customers how to sign. It does make me think though that there are more and more people signing All Rights Reserved. Interesting little test though.

My drivers license is due for renewal in a few months so I’ll go in more prepared with a stat dec and whatever else I need. Any information or advice that people here can provide would also be much appreciated.

Thanks guys!

[Bernard]

I used the 3 step process outlined in the fines and infringements module.

Just to update, I’ve now completed the process and sent off my affidavit/declaration too. They have removed the final fine and lifted my good behavior period.

They made the mistake of sending me a not voting fine after I sent my declaration too. So I sent them a $3000 invoice for dishonoring their agreement. I’ll pursue them for that too and see how far I can push them.

Lots of fun!!

[Bernard]

I would send it to the CFO. It is a payment, so this is their department, they should know what to do with it (although they probably wont :-)).

[Bernard]

Oh yeah I definitely will.

[Bernard]

Hi Laura,

I’ve printed a copy of my online credit card statement and used that for the A4V money order process.

So as long as your statement has a tear away section (payment slip) on the bottom you could use the A4V process. If you’re learning I think this would be the easiest option. I’m still learning too, only up to my 2nd default notice after they claimed they didn’t receive payment.

If your statement does not have the tear away section a promissory note would work but the process is a bit more in depth. I haven’t had a go at that one yet.

Good luck with it!

[Bernard]

I’m just a newbie to this but that letter certainly brought a smile to my face.

Very well done in my humble opinion.

[Bernard]

Just read the new Pdf, thank you, that was very helpful. (the first one did confuse me a bit).

[Bernard]

That is fantastic news. I’m looking forward to my learning journey and am not afraid to put in the hard work that’s required. I see this as the way that we can all free ourselves from the criminal debt slavery racket that we have been fooled into living under. Thank you for your reply.

I’m back to dealing with Revenue NSW, Linkt and the NSW Electoral Commission to hone my skills 🙂

[Bernard]

Hi Morag, thanks for your reply.

Please don’t misunderstand me, I am in now way ready to be tackling a mortgage yet. I was just curious to find out if it would be possible.