[Danny]

Looking at in now, it’s states it assigns its rights and not contract.

So I will use this as a setup question too.

Thanks Morag

[Danny]

I have done all of that plus so much more, they sent me a notice showing that the original party can assign the account to a third party without my consent.

I asked if they can show me were I agreed to this.

They are saying that the contract with the original party is now with them and the original corporation can assign it’s rights under the credit facility.

It does state this.

[Danny]

Thank you Morag, all information helps 🙂

[Danny]

Its all good I will have to research and look into this a bit more. Ill let you know how I go 🙂

[Danny]

Also if the debt collector is working for a government, bank or lender of fiat currency that would make them public I would of thought?

[Danny]

Well the employers of the 3rd party debt collectors would be public servants e.g banks, governments and credit card suppliers (I am only guess CC suppliers operate in the public but makes scene to me) as they all operation under government legislation, so that makes them servants to the public? Because we the people are the government that makes them public servants. I do not what do you think to that lol

[Danny]

Hey Morag, I wanted to ask your thoughts on one thing in this video please. In the vidoe he stats you can you the wording on 3rd party debt collectors but my question is are they a public servant? Because it stats to say public servant in the video. Thank you

[Danny]

Use the wording public servant*

[Danny]

Hi,

So an another update on the conditional notice of intention to defend.

I will try to ball point it so it’s not too long to read ok.

• So I found out recently that my conditional notice of intention to defend was denied because I did not have a footer on the document. Because I was learning and I copied and paste the document I must have missed the footer at the bottom. Whoops I know for next time.

• I only found out because I was in contact with the courts over another matter.

• I ask if the courts could provide evidence that it was sent (because I never received it in the mail) but have not heard back from them yet, I only asked a few days ago, mind you.

• The matter was with a council over rates but as I am in the process of selling that property which I did not think I was going to do, I just ended up paying the rates as I know it will be a drama with the selling process.

• So now I am going to learn from my mistake and lodge the next conditional notice of intention to defend with the courts face to face, that way there can be no mistake, also i’ll take a witness.

So my conclusion is I do believe it is possible to lodge it if you word it right.

My next conditional notice of intention to defend will read something like this – Is the claim lodged by such and such and case # at the Magistrate court of Queensland against the name Batman under the prescribed jurisdiction that the parliament of that state has provided?

There are a few different ways to conditional notice of intention to defend and I’m still not 100% sure what rule number to lodge it under as if you look through the documents I have lodged there are a few different ways.

If anyone is genuinely interested I am happy to share more as I learn because I will be going into a courthouse or calling a lawyer (via legal aid free consultation) to confirm what is the best Uniform Civil Procedure Rule to be applying the content of my conditional notice of intention to defend.

If anyone wants to know more please comment here and I will post an update as I know more.

[Danny]

Love it!

[Danny]

I’m listening to the how to prepare the affidavit webinar now, I think I’ll send a declaration statement as my 4th correspondence.

That way I don’t need to send all the exhibits.

I have done both affidavits, one with the facts & exhibits and one just stating the facts. So I’ll change the one with just the facts to a declaration stating.

Just thought I would let you know to save you a reply 😊

[Danny]

Ok I will do that as I’ll be free tonight.

Also just a quick question if I may, with sending a affidavit.

If I send someone a affidavit to rebutt do I have to have to send the exhibits?

I have done a affidavit where it states everything I did and they did not do but it does not have the exhibits.

I thought the exhibits where only really needed if you’re lodging it through the courts system.

Just seems like a lot to send them if I have to send all the exhibits as well.

I might just lodge the affidavit through the courts if I have to send the exhibits to the party I am sending the affidavit.

I am they won’t rebutt it anyway and then I’ll have to lodge that same affidavit to the courts when they take me to court.

Thank you again as I know you help on the site a lot 😊

[Danny]

Ok great, I am only going to use it as a back up. Because I’ll be going to court soon I guess as my conditional Notice of intention to defend will be rejected once again so I guess now I go to court and play the game in there.

If you ever have a chance I posted a lot of information/looking for feedback on here about a week ago asking for peoples thoughts on the rules to engage the conditional notice of intention to defend.

So if you are ever free I would love to hear your thoughts.

I know you are probably super busy so I understand if you can’t find the time 😊

[Danny]

Hi, I will reply but just super busy atm.

There is just a bit to the story that’s all.

[Danny]

Bailiff condition and conditional notice of intention to defend.

Bailiff.pdf 38 KB PDF - Click to view

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[Danny]

rule 38

[Danny]

I can only upload one document at a time.

38-3-rotated.jpeg 351 KB Image File - Click to view

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[Danny]

Rule 16

[Danny]

rule 16 again

16-2-rotated.jpeg 329 KB Image File - Click to view

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[Danny]

conditional notice of intention to defend

[Danny]

Sorry for all the messages but I can only put one doc up at a time.

[Danny]

Ok thanks, do you know if it’s started in legislation somewhere? I know it’s in a housing act but just not sure if it’s in other acts.

[Danny]

Hi, So I looked into it and found that each industry has some sort of cooling period. I just was not sure if it was stated in the BOE act or something similar.

[Danny]

I think you’re best bet is to get it set up you are offering to pay and then hold your position that you did offer to pay. They won’t provide you the A4V tear away, even if they do you still have to then do that process and then hold your position on the A4V payment process .

[Danny]

If the statement does not have the tear away section you need to ask the provider of the statement of account to supply you with all the payment options. I would state that you wish to settle the outstanding account but wish to have all payment options available to you. If they say no then you can hold them accountable as you did off to settle the account but they refused to cooperate with you. As if a payment is refused it discharges the liability under the BOE act.

BILLS-OF-EXCHANGE-ACT-1909-–-SECT-48Dishonour-by-non-acceptance-and-its-consequences.pdf 28 KB PDF - Click to view

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[Danny]

I have some questions mate

You ask about the lawyers asking you about the statements, well are you trying to discharge the CC? Or just not pay it at all?

If you paid on it (the cc) then you are just in their legal tender world and you are just now paying off the legal tender you used with your productivity of labour earnings.

In regards to this statement, The CC company sold the debt to another bank, they say in their agreement that they are able to do that and now you are in a new agreement with the new CC company. Do you mean the CC is now in the hands of a debt collector? What do you mean another bank/CC company?

[Danny]

With this I watched the webinars multiple times so you don’t make mistake.

[Danny]

You can do that also but what I do is have a demand notice ready so you can reply straight away

[Danny]

What I do is just make the date up but making sure my response is within the 72hours received date. So if I receive a letter on a Monday I send my response on say that Thursday but put the received date at that Wednesday. Only if they send something by registered post is this any issue.

The way I see it they don’t play by the rules so why should I

[Danny]

Hi,

So I called the court and was told they do not need to supply a affidavit when submitting a statement of claim.

With finding out if the bailiff submitted it or not I was told they cannot tell as of yet. The lady did say if I wanted too I could come to the court house with some ID and then they could help me more maybe.

I thought about taking my live birth record in there to stir some shit but I really don’t have the energy.

When I explained to the multiple lady’s over the phone that a bailiff did come to my house but could provide evidence or even know for that matter if the claim was against me as a Man so I told the bailiff i can’t help sorry, one lady said it does not matter if you are a Man and the other said the All Caps Name means nothing. How silly in my opinion, they work within the system and yet they have not figured it out yet.

Thank you both for your replies.

[Danny]

I’m not sure if the process of supplying a affidavit with the statement of claim is everywhere but the lady said the magistrate court do not need too. She could be wrong but that’s what she told me.

[Danny]

Hi,

Thanks for your reply first off.

So I was working on my car in the garage when the bailiff turned up and was in the middle of something big so I was not prepared for them, next time I’ll say straight away can you please wait a minute and then get everything ready.

I’m not really looking to go after the bailiff as I know they can’t stop any of the processes. I believe they will just lodge it as served and more on so my plan was to yes film them and yes to hold that as evidence but my main stand point is to conditional accept the summons itself.

I have any the evidence under the sun to win as the claim is from a 3rd party debt collector, I have done the 3 step process with them and their legal team which also contacted me.

I just would like to know if the bailiff has submitted it as being served or not. Not sure how to find that out.

Also does anyone know when someone makes a statement of claim to the courts do they need to supply a affidavit with that? I found nothing on this so my guess is you do not.

[Danny]

Glad to hear you got it sorted.

So with the lodging of the conditional notice of intention to defend under rule 144 subsection 4 or 3 I believe, it’s states once you lodged the conditional notice you must within 14 days of lodging the conditional notice then lodge for an order under rule 16.

This is something I never did when I tried this last year.

Have a look at the uniform civil procedure rules under rule 144, it will outline it all better for you mate. Good luck.

With my situation I contacted the debt collectors and ask for a face to face round table meeting mediation, they said they won’t do face to face but over the phone or email.

I chose email of course email so now I have sent them an email to provide evidence to their claim and I have stated it all throughout the email that it is a mediation.

If they still don’t except this as a default and dismiss their claim I now have even more evidence to support I have been equitable.

[Danny]

Awesome, let me know how you go with it.

I believe you are to send them 3 copies of the conditional notice of intention to defend and a pre paid envelope so they can send you the two copies back, one is yours and the other is to be served to the plaintiff.

So you wrote on the notice that wording or did you just write it in the section that Is for the reason for the condition.

I know you wrote it on the email headline but just trying to get all the information.

Where can I find this information about claiming your name via the UCC? Thanks for the update 👍

[Danny]

Thank you

[Danny]

The Equitable Estoppel is made after the 21days or how ever many days you stated in your notices.

I would look into the form 7 which is the conditional form and learn what you can put in there as a condition, To buy yourself time.

I am listening to the counterclaim webinar now and it is full of information.

My advice to you mate is study hard and learn how to win using the court form process.

But to be honest mate it seems like a huge job so maybe you need to choose your battles. I know it’s wrong what they are doing but they have endless time and money so if you have that then go for it but it just seems like a big job in the time you are talking about.

I mean you need to be ready with your documents to lodge with the court before been served in my opinion.

Mate you might be super confident I don’t know but you need to study study study so you know what is coming next.

I would look to conditional accept the summons to buy you time then go from there.

I’m no expert by the way, I’m learning this as I go 😊

[Danny]

So have you been served?

[Danny]

I was uploading on my computer too, so I thought it would of been ok but it gave me grief. Maybe my files were too big.

So basically I have a plan of attack (defend)

First is set up the bailiff with set up questions, film it this time and have a conditional acceptance form ready.

Second is learn the <b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>Uniform Civil Procedure Rules 1999 so I know what rule I can place my conditional acceptance under.

<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>Then I’ll file this conditional notice of intention to defend with the court and serve the plaintiff.

<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>With the conditional acceptance you are not questioning the courts your questioning the plaintiffs lodgement in which that have lodged their claim, so it is up to them to prove it’s a genuine court and not the court that has to provide this. I first thought it was the court I was challenging but now I get it after much research.

<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>3rd plan is to go to court if the top two fail.

<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>I plan to have a lot of set up questions for the court situation and knowledge on how the game is played so I’m ready and sharp.

<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>The bailiff setup situation is to buy me time, which it has done because I’m now doing up my affidavit which takes forever and I work long hours so I only have the weekends.

<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>But saying that I still want to live so I’m stalling them so I can set up my evidence and defence in a time that is not rushing me or stressing me out.

<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>And then for the 4th stage of defence Is I plan to turn the court order into a contract. (if I loose that is)

<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>So that is my plan.

<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>But I am studying like mad but I love to learn so it’s win win for me.

<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>I’m now super confident with politicians, cops and council employees but now have to step it up and be comfortable in court.

<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>Mark never said it was easy, he always stats that’s it up you (everyone on the SE website) to apply the methods he has given us but know it’s not a easy game.

<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>The sad part is it should not have to be this way but because the masses don’t step up and they help enforce this way of life it makes it harder for us that know the truth.

<b style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color); -webkit-text-size-adjust: 100%;”>I don’t enjoy playing the game but I know I can’t sit on my hands and do nothing. Like I said I love the learning side of things but just wish the game was not so rigged.

[Danny]

I have posted a reply with a update in the group success stories and failures mate.

There is a bit of content there so hopefully you understand it.

[Danny]

Ok great thank you again

[Danny]

Ok thanks, so the instructions are on how to lodge or where to lodge the order? Thanks for the reply again

[Danny]

Hi Morag, no I haven’t bought it but I have watched the webinar multiple times lately. I just didn’t hear the part about where to lodge the order once you put your conditions on it.

[Danny]

I had a Credit card send me a statement for 10k, I was planning to use A4V to discharge it as I purposely got the CC to then max it knowing I was going to use the A4V processs.

When the statement came it had no tear away so I kinda freaked, I then emailed them asking to provide me a statement with all payment options. They said they do not offer a tear away section so I held my position and said I pay when I have all the payment options.

It ended up going to a third party debt collector so I then did a 3 step demand process asking them to validate their claim etc. I got lucky with that one because they stopped sending me notices and there is no statement of claim lodged within he courts so again I got lucky.

The other CC I maxed around the same time for 20k is a lot more challenging as it wend to debt collectors and now a claim in the courts. I guess this is how we learn.

[Danny]

Wow, well I would be studying like crazy and learning how to discharge, then go to court to prove you did discarded or offered.

[Danny]

So their a 3rd party? The way i would go is ask to have the matter heard in court. it will be less effort and it is likely they may with draw the charges if you set up the original party to a default (3 step demand process) It will cost them more to take you to court then what the fine is worth.

[Danny]

Yes but it’s not easy mate, it takes time to comprehend it all. I just watched the webinars and took loads of notes.

I also download anything that is on this site and read it to really understand it all.

It takes energy and guts to take on the system so be prepared for a lot of push back by them. Yes you might be legally and lawfully in the right but they all work together to break you.

[Danny]

Hi, yes I would definitely be put in any affidavit that I am a man. The affidavit I was referring too was the one that is to be submitted with the statement of claim but as mentioned there does not need to be a affidavit that supports the statement of claim.

Thanks for the feedback 😊

[Danny]

I would like to save I have but I have not, I have about 5 or 6 but that is not one. Thank you anyway.

[Danny]

I also thank you 😊

[Danny]

Ok thank you