Douglas
Forum Replies Created
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New developments. Received two separate letters(attached), unsigned, in the same envelope stating their non acceptance of the money order, letter received 25Dec. My Final Notice for this money order was sent 19Dec and the 21 days runs out on 9Jan23.
Is a certificate of protest applicable for a Money order discharged liability refused? Is this a 4th notice? Can it be sent now?
2nd matter. rang the ombudsman on 6Dec to raise a dispute against Origin not zeroing my account after holding the money order for longer than 3days. I couldn’t get it across the line. I wasn’t prepared enough with S numbers of BOE1909 in front of me. He conspired with Origin by saying the only acceptable forms of payment are on their Payment Slip. He did say he would ring Origin with my complaint and duly did. Next go round I will be ready. Is their a minimum number of days between raising complaints?
I finally got the person handling the complaint to write to me instead of ringing me. A sweet letter of non acceptance as well. Person not using their full name and signature.
How do i get person to use their full name and sign, be accountable?
Thirdly same envelope, they resent statement of account with overdue and current account due on 16Dec. I sent Money order for current account received on 09 Dec on 13Dec with apology. Kept and not returned. Can i send out the default notice now, given cross over in mail with the ‘hassle me’ statement and new money order, or still wait the 21days?
Thanks
Terence Peter
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Sorry Morag. Now i understand your comment about the VC.
How do i get the video file to you? I wish it to stay private at this stage. Thanks for doing this. Thanks for the list of questions.
Terence Peter
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Thankyou Jeff and Morag for replying.
The initial form they put in front of me was to just start the bail process. Spot for signature at the top and the cop then fills out everything below. I put three dots on this. The cop said i cant proceed with this. In the lockup then. I got pulled back out for something. I had my phonecall then to my wife. When she answered the cop said to her ‘if i didn’t sign the form i would be sent to Adelaide remand and released on Tues morning for a hearing’. They never said this to me directly. then they handed over the phone to me so we could talk. talk about pressure points and scripts on their part.
No pressure from my wife to do anything one way or the other. afterwards i signed beside the three dots and that form miraculously dissappeared. Then the start of the assualt for the photo and fingerprints which i refused non consent. Then the frog marching by the two arresting cops Me resisting and saying stop the assualt. As i was being dragged away, the sarge said “true to my word, now that you’ve signed, i’ll grant you bail”. I got the 2 cops to stop dragging me so i could ask a ques of the sarge “so now that you have granted me bail I don’t need to have my photo and fingerprints done?” asked as a question. his reply was ” no, your signature only starts the bail process” No mention of photo/fingerprint until after i signed first time. Is this linked?
After this the new Notice form which you,ve seen which i had to sign first and then the cop completed.
The dirty games they play. before i got out of the car, i gave my wallet and phone to my 14yr old son. After i was taken away, while he was there at the car on his own with another cop, they asked him to give them my licence. Which he did. Then at the station while he was waiting for mum to arrive and pick him up, the cops ask him for my phone from him. which he handed over.
So i’m being booked at the station and not giving my details and the arresting copper pulls my licence out of his pocket and hands it over to the sarge and the sarge uses it to fill in my details. I still kept my cool. That was the toughest moment.
I asked how did you get my licence? and the sarge answered as i stated above. later when they removed all my belongings from me, another rabbit trick, they pulled out my phone. Same question. Answer as i stated above.
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Thanks for you reply Jeff
I will do all of that. I will do the BOE as well, just as insurance.
Thanks again.
Terence
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Reply letter from FERU, is rebuttal required in this default notice or just general statement that we received their letter and our questions were not answered and here is another opportunity?
Terence Peter of the family Douglas (red)
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Thankyou Morag. Original money order to the CFO and copy for myself ,from the q&a pdf. No Q&A last night. My first Money order ( my first anything being new) for Electricity bill sent 6 weeks ago following extensions. Sent the original Money order to Accounts and the copy to the CFO along with the letters to each separately etc. Sent letters individually. I read that i can include all together from the pdf. So do i now need to resend another original to the CFO to correct my error or will the Accounts mgr have forwarded the original MO to the CFO? Wishfull. Money order not returned. Held for 12 days no reply, so accepted despite my mistake. 1st default underway. Final default due. Any thoughts?
The reason i started questioning myself is twofold. I relistened to the hold your position module last night and heard ‘keep the original’ in relation to discharging debt but not specifically for a MO. This is after i had sent my 2nd new energy bill MO on time out yesterday, original MO and letter to Accounts again to get it started and i was about to send the copy of MO and letter to CFO for new bill today. Rookie mistakes.
So my logic says, create another original MO and resend both letters and docs to the CFO including accounts as if for the first time, letter of apology to be sure and let it ride. Any Pearls?
One thing i did pick up last night relistening to said video was that as soon as the Corpse sends you a follow up demand for payment, (letter text or email), after they have accepted your instrument by default, this is a trigger to get the first default notice underway. Same as a payment refused is a liability discharged and you don’t have to wait the full 21 days, if i heard correctly.
Thanks again Morag
Terence Peter of the Tribe Douglas
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An Update. I rang Fair Work Commission last week. The employer is in breach. No advance notice, Position not redundant and now in breach of final payment. They are supposed to pay me within one week, not paid anything yet. I have 21 days to lodge a formal complaint with Fair work. I have an appointment with a community lawyer on 21st July. Cutting it a bit fine. I will be able to negioate a higher payout through the fair work process. This is capped thru fair work, 26wks. The public part
I didn’t notice this last week, But my original contract has my name in All Caps at the top of the letter offer which both parties signed. Coincidence? See scan.
I am going to commence a PAP with the employer for better particulars. I need to ask appropriate set up questions applicable to this situation. Not sure of these yet. Any ideas? I’m used to the ques’s for police, gov’t etc but not sure for a small private company for this situation. This is so i get my T&C’s and my invoice front and centre for a proper settlement.
The manager rang me last week and apologised for the termination process they used. Which was sending me the termination letter by email when i took the day off sick. Couldn’t wait until the next day to deliver it in person. Everything was preplanned on their part even down to the end of the financial year. I wasn’t expecting the call and didn’t have my second phone with me to record the call. Missed opportunity. Diary recorded. I didn’t know this until i rang Fair work, but you get to take at least one day per week as sick live to look for new work during the advance notice period for true redundancy.
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Thankyou Morag for your quick reply.
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Yes that makes sense. Yes it was in the T&C’s of the third Final notice to destroy. Thankyou Morag
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Thankyou for your kind thought. I appreciate it
Terence Peter
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Hello
The name of the Head of station at Mt Barker is acting superintendent Michael Sampson.
The three officers are Sergeant Darren Johns, Senior Constable Bowes, Senior Constable Burden.
I’m going to do my Affidavit of complaint next week
Terence Peter
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I’ve been quiet, but i’ve been busy. I got the first adjournement and the private default judgement was finished a week later. I got a second adjournment. My first affidavit has been filed. Stock standard as per Mod28b. Attached. I forget to include my Non Consent signed form so have done a second affidavit. I decided to completely transcribe the Pulling over with the coppers. I have had a basic go at doing the affidavit with supporting reasons /evidence to negate the vexatious charges.. I got the idea from listening to the 28b webinar. Would you be able to give me some guidance to strengthen it and get it better please. Does an example of this type of affidavit exist somewhere, another module? workshop manual?
I got triggered when i had to hand in my affidavit to the cops at the same police station. I feel like a piece of forged steel now. Hard to explain. I’ve been role playing with another SE member here in Adelaide. We have been meeting twice a week for the last 8 weeks. I’ve honed my gameplan.
Part of the Final Notice, I included about getting my digital fingerprints and photos expunged from the system. Do i express this in court? Apart from winning do i need to express anything in court to handle the trespass and the assault ie judge miraculously orders the cops to produce the booking video? Do I include an invoice to be triggered if i’m taken to court ie 4x$9k, $165k for damages, $450K for trespass on the video?
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Thanks Morag
Terence Peter
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When i got out, i got driven back to the auto and somehow those wheels got home, bit of combustion maybe, main drag, and at some point the car was registered for three months that night, not happy but ive got enough to deal with at the moment. I’ll do the boe in three months.
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Hi Morag. Ive retired my license to the drawer. Yes i’m going to get a Qld licence now. Frying pan to the fire? When i moved to SA 22yrs ago..if only? I’m not sure how to do the cars though.
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I don’t think i said anything like Duress at signing. I don’t remember saying anything.
Terence Peter
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Ive bought the module now. I could send the video by the website contact form if it allows uploads and for SE to pass it on, or find an email address for SE mentioned in a Q&A and do same?
What happened to me, the assualt even, just a scuffle really because i couldn’t fight back I resisted but stopped short of getting hurt. I was rattled internally and i wasn’t prepared for it or expecting it. The rest of it i just went into observe mode.
But the stuff with my son and how that played out and the couple of things they said after they put the cuffs on me about dealing with a juvenile. That was bad and rattled me the most. Just mean tricks. The trip back to station was bad mentally. But not as frightful as Mamasha’s situation.
I’ve been driving the car to work only and wherever around that, non freeway camera roads into adelaide, but during that time i can’t count the number of times cop cars have been directly behind or coming towards me and not pulled over. On 30Jan i had three different cars, two directly behind and one came toward me in a 10km stretch in Northern Adelaide, (work hours) and all peeled off.
Is there something in Police procedure where they leave you alone for a certain length of time or time of day period and after that they pull you up? I did get complacent
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They did say ‘if you dont sign you wont be getting bail’
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Yes, I will peruse. Thanks
Terence
