Brandon-Nicholas
Forum Replies Created
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Hey guys,
In the last couple of weeks I was able to open accounts successfully with CBA and NAB with the non-registered trust.
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The only thing worse than voluntarily appearing as the dead defendant…
Voluntarily appearing as the dead defendant while doing the exact same thing they are trying to reprimand the dead defendant for 😂😂😂
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Did you watch this video Morag?
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Hey Kari, thanks for the response.
Yes, you can point out if the other party hasn’t followed the procedural rules. That’s relatively easy to do, but also will usually only buy you some more time, rather than win the proceeding (unless It’s something really major).
Not surprised to hear of a lawyer exhibiting that behaviour haha.
Something I have noticed since researching equity and learning equity through Mark is that there is a lot more to equity in terms of what it is and how to invoke it than what lawyers are taught.
But yes I agree, knowing who you are is paramount.
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Hey mate, in this scenario (discharging debt) there are generally 2 things that will give you cause of action to issue “Demand for payment of debt” notices and then counterclaim.
1. Default & Liability Clause & Notice – Which has provisions that render the payee (lender) liable for 4x the amount of what they are seeking from you. They become liable for that amount once they are in “default” for breaching the contract where they agree’d to accept your money order (providing you put that in the terms and conditions of your contract.)
2. Fee schedule – Usually you issue this after you send 3 successive conditional acceptance notices demanding proof of their claim. Send them the fee schedule with the 3rd notice and then start sending them invoices for your time.
Since the Default & Liability Clause wasn’t in your contract then you can’t really go after them for breach of contract (I don’t know what else is in your contract, would have to have a look at it). Because of the above, them not accepting your money order is not really a default per se, but more just a “dishonour”.
I think issuing a fee schedule may be your best course of action given the absence of the Default & Liability Clause. Hope this all made sense. Someone else may be abke to add more value. Feel free to give me call mate
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Thanks @morag-janet-of-the-hill-family 🙂
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Thanks @brianchu82 did you just send yours to “Locked Bag 1793 Penrtith NSW 1793” (the postal address on the statement of account)?
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No groups that I know of but @bricky is a Brisbane member I believe
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Hey @laura-clair I’m interested in doing something like this too.
Where abouts are you located?
I live in the Sunshine Coast and currently have an ongoing matter against the bank in Brisbane Magistrates court (although I have delayed it for now by lodging a complaint with AFCA) so happy for people to come and watch that. And I am interested to come along and watch/support anyone else with matter in Brisbane or Sunshine coast courts.
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As for the stamps, do a search in the forum. I think there may be some other members selling them. PM me if you get stuck.
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Hey mate, if they were to turn up at a coffee shop meeting you would just give them another promissory note but you have 72 hours to provide it.
That said, no one is ever going to show up to that meeting. That is mostly because when promissory notes and bills of exchange first came about hundreds of years ago in commerce they were redeemable for the equivalent gold and silver. However, when gold and silver went out of circulation, bills of exchange and promissory notes stayed and became the money we use today (this was all slowly put into place by the banking families that run the world). Logically it doesn’t make sense, but it is how it is. Took me a while to get my head around it.
So what that means is that now, the promissory notes and the bills of exchange themselves ARE THE MONEY (Aus reserve bank notes are promissory notes), they cannot and are not required to be redeemed for gold and silver anymore. There are several other federal acts that support this.
However, some of the old customs and procedures relating to these instruments are still written in the bill of exchange act – such as S93 which has provisions for what we call the “coffee shop meeting” and states that if the holder of the PN doesn’t turn up, liability against the maker is discharged.
So in short, the coffee shop meeting is really only so that when they don’t show up, your liability is discharged pursuant to S93 and is hence the final “nail in the coffin”. You are just conforming with statute. Just make sure you take your witness and do the affidavit of non appearance and certificate of protest as per instructions.
Sorry for the long answer. I hope it was helpful and easy to understand. Thought I would share is as it’s the deeper info that I had trouble finding in the beginning.
Please anyone feel free to correct me if I have jumbled anything up here.
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This reply was modified 1 year, 4 months ago by Brandon-Nicholas.
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This reply was modified 1 year, 4 months ago by Brandon-Nicholas.
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This reply was modified 1 year, 4 months ago by
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Thanks Morag. That’s how I understood it but just wanted to make sure.
Question; Why would I give them 21 days? Don’t you only have to give them a minimum of 3 days? And doesn’t Mark always say to make sure your affidavit is the last one in?
Couldn’t I file and serve the affidavit 3 days before the hearing and then that way any affidavit they file after that 3 day mark I can demand it be struck out or request an adjournment?
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I had the same issue. Just had to try again the next day and it worked. Seems to be a bit of a glitch there. You could email them and ask them to take a look at it
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Thanks Bricky, that’s helpful. Bub was born at home and we had a private midwife who is wide awake. She will be happy to provide me a copy of the notes, I’ll ask her for them. And no bub won’t be having any vaccines
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Thank you Morag!
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I used the redraft conditions in my PN contract, just changed it to suit my circumstances. After all it’s just a page of terms you are adding yo the contract so it can apply yo anything you want.
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Thanks
@morag-janet-of-the-hill-family .
So for my situation I will be demanding further and better particulars from the bank.
E.g.
-Provide an opportunity to examine the original loan application
-Provide evidence that the issued PN is defective or deficient
-etc
Given that I am not trying to prove that I am a living man in this instance and I am not conditionally accepting anything, I am not sure what I would put in an affidavit to accompany a demand notice for better and further particulars.
I understand the part about putting all the notices into an affidavit after the fact.
Is there a particular webinar where Mark explains all this in more detail?
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Hi Laura, I am in the same boat. Wondering which payment process you used and how you went with it? Cheers! 🙂
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Hi Robert, what is the purpose of the court hearing this Thursday? And what state are you in?
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Hey guys, what weight bond paper did everyone end up using? And where did you purchase it?
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Have sent you a PM 🙂
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Gotchya. Thank you!
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Thanks Bricky. That’s very helpful! Sorry to hear about what you have been through!
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Thanks so much Morag-Janet. Much appreciated.
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Thanks Morag-Janet. I am familiar with this process. Regardless of weather there is a birth certificate or not, passports can only be held by the dead in my opinion. Passports are an instrument brought about by legislation therefore they can only be for creatures of statute.
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Terms and Conditions
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I would go to the court and ask the registrar for a copy of any order that was made for that hearing and see if there was an order. Then I would be appealing the judgment or applying for judicial review. You will be better prepared for what you are up against for the next hearing. I wouldn’t wait for something to come
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<div>@sseeto this sounds like if you applied for a judicial review you would gain some more traction. It sounds like you did quite well considering it was your first time in court.
From what Mark has said in tbe past, all of those statements made by the judge are just offers.
I have hired Doug McCoy to assist me as my McKenzies friend when I have my matter on 27th of October (at Brisbane aswel) as being my first time I think there are certain things the judge may say that I won’t know how to respond.
So you have recieved no court order? When was this? Was the hearing for a summary judgement that you applied for? Or a summary judgenent that they applied for?
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This reply was modified 1 year, 9 months ago by Brandon-Nicholas.
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This reply was modified 1 year, 9 months ago by
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<div>Thanks mate!</div><div>
Yeah I have alreasy lodged a return for last financial year. I got my tax agent to do it for the last time
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Thank you!
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Thanks Morag-Janet. You are always so helpful.
I actually signed my license using all rights reserved but didn’t put my title case name on it (I didn’t realise you were supposed to put your title case name on there when I did this months ago). Will this hold any weight? E.g below
By: My strawman signature
All Rights Reserved
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Hi Mayari,
Yes, the key is to just call it a “Trust” and nothing else.
For example, when you walk in there say “Good morning, I’d like to open a trust bank account please” (as if you are just referring to a standard run of the mill trust). Don’t mention “Non-registered” or anything like that.When they are doing the paperwork and ask you for the ABN just say “It doesn’t have an ABN”. If they ask why it doesn’t have one, say “It’s not a business. It is only used for asset protection (or whatever you wanna tell them)”.
Best thing to do is get any terms like “private” or “non-registered” out of your head. Just call it a “Trust”. It’s just like any other trust but without an ABN.
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Ok that makes sense. I was going to say the judge didn’t have to lead this guy up the garden path 😂😂
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Thanks Laura. My matter may be back in court in the next couple of months if I don’t get it settled at the round table meeting I am setting up. If it does go back to court I will be looking for some witnesses (preferably SE members) to come and watch so I will do a post in the forum when the time comes.
Likewise if you or anyone you know have any matters in Brisbane I can watch or assist in please let me know. I am also eager to learn as much as I can 🙂
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Ok cool. Yes that makes sense. Thanks Morag 🙂
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Ok cool. Yes the Midwife has given me the original of the document she sent to BD&M
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This is the form we need to keep right?
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Thank you Morag for coming through with the goods as always
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Yes it can be any denomination. I used a 10c for my PN contract.
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Thanks Morag. Yes I am going to be on the Q & A tomorrow night pumping the chat box haha.
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Thanks Morag. The thing that’s throwing me off is in another video he says that the contract you complete is not a bill of exchange. Perhaps he meant that the statement of account is a BoE but once completed into a contract it is no longer a BoE.
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Sounds like you did well and did all the right things! Things look even better for you if they don’t return your payment within 72 hours and haven’t made good (defaulted) on their part of the contract.
So I think there’s a couple of things you could do but I would put both Service NSW and Transport NSW on notice (maybe address to the CEO’s?). Write in the notice a brief outline of what occured, the names of the clerks and what date and time it happened, just so they know the details of the event were well documented.
Notice and demand for Further Particulars or Else Notice to Show Cause (or something to that effect)
-Demand they provide evidence that they have the authority to reject your signature or direct how you sign your name. Attach your stat dec as an attachment to your notice. Maybe even attach a copy of the forms you signed etc to show you have those as evidence.
-Demand they provide evidence they have the authority to charge you for a service that they did not deliver (could even attach a snapshot of that transaction in your bank statement as an attachment to your notice).
-Demand they provide evidence that they have the authority to refuse to give you a receipt for your payment (there would be a piece of legislation somewhere that says a receipt has to be issued if a buyer requests it so put that in there – Maybe tax act?)
State that failure to provide such evidence by way of sworn affidavit will be construed as Service NSW and NSW Transport’s agreement to be charged $500 per day for every day that goes by where you are not allowed to sign your true and correct signature on your license (or something to that affect).
Do the 3 notice process. Then send them 3 notices of demand for payment with accompanying invoices. Then can do a creditors statutory demand for payment of debt (there is a webinar on this). Also watch and purchase knowing how to hold your position module (i purchased it and It’s well worth it in my opinion. Shit loads of good info and templates for this stuff.)
That’s how I would approach it but someone with a little more experience may hopefully chime in and tweak it or have a better idea.
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@sseeto so the redraft conditons are only for a mortgage? If you are discharging a Personal loan you wouldn’t include the redraft conditions?
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Would you be able to forward me this letter too please Morag-Janet? I may need soon as I am now sending payment again for my alleged debt by way of PN.
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Thank you!
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How does it gain value? When you say traded, what do you mean? What does a transaction like that look like? What are the mechanisms that allow the BoE to gain value through trading? I’m just trying to innerstand
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I am registered for GST though witch may be a problem. I will have to look at that
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So what was the order that the judge made in the end?
Was every argument and every piece of evidence (your private agreements) you tried to use put in your affidavit?
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This reply was modified 1 year, 9 months ago by Brandon-Nicholas.
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This reply was modified 1 year, 9 months ago by
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<div>Hi Morag-Janet,</div><div>
Yes I have watched some of these and read the transcript in your comment. However none of them answer my question about where thid 72 hour rule comes from?
I’m not at all doubting it’s legitimacy. However I am just trying to find out It’s origin so that I can confidently use it in court and in other instances.
I was dues to attend the last Q&A webinal and ask Mark myself but I couldn’t make it due to unforseen circumstances.
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That being said. I do believe It’s still possible to open these accounts with Westpac, they just don’t make it as easy as they used to (like with anything you do to escape slavery). So if you aren’t in any great hurry just stick with Westpac.
