[self_existence]

Thanks Laura, I am about to send them documentation and I am glad I came across this post!

[self_existence]

I am curious also.

I want to try discharging other liabilities but I am still battling Revenue NSW. They have my licence held ransom despite payment using a promissory note 😑

[self_existence]

You aren’t turning the statement of account into a BOE, you are completing it by filling in any missing particulars (including a sum certain value) and countersigning it. You then attach valuable consideration to form a contract. This could be a BOE or promissory note (or even a check or cash).

If you are using a promissory note you wouldn’t put “drawer” on the statement of account that you are re-negotiating, you would put “maker” as Promissory Notes are 2 party instruments involving a Maker and Payee.

A sum certain is just a more certain value, which is usually in writing and the lesser amount. You can make mistakes when writing figures so a more certain amount is in writing (ONE HUNDRED DOLLARS).

As for why they don’t just have Sum Payable… My guess is what I wrote above or that they have to provide a remedy to us peasants (albeit a hidden one)?

It doesn’t need to be $1 either, it can be any value. $1 is the minimum amount of consideration needed to form a binding contract. You could nominate other values if you wanted.

As for the securitisation, I am not sure. I have also wondered this. If it is not negotiable I assume they could only securitise it for a $1? This is why Promissory Notes could be better in some cases because they can get the whole amount (usually you add 20% on top of what they are asking).

The $1 is just to level the playing field and to stop these parasites with their unjust enrichment.

At the end of the day it is your signature that gives anything value. So I am not sure if this allows them to dip into your Trust account and get credits or what?

[self_existence]

1. Short answer, yes (is my understanding).

2. If they present it for payment you could ask if gold and silver is currently in circulation and used as Australian Currency? It isn’t so how can debt ever be paid? Hypothetically, if they show up with a $100 promissory note and you paid them in cash with a $100 note, you are essentially giving them another promissory note (Cash). I have used a promissory note and they didn’t show up to the neutral meeting place. Mind you this wasn’t for a huge amount of money. If they do show up, you could just say you will tender payment in the next 72hours and send another promissory note.

[self_existence]

Perhaps outline all the legislation that state Promissory Notes are Money and Australian Currency and put them on notice that an offer refused discharges the liability to pay.

Did you put a default and liability clause on your contract? If you did you could start sending invoices for breach of contract. Send three to setup an equitable estoppel and then you can serve a creditors statutory demand notice to them.

[self_existence]

Great to hear! We need more people sharing their success stories and the process they took!😎

[self_existence]

Do all preschools have to have an immunisation register? Perhaps there is one that doesn’t have this requirement?

You could try a conditional acceptance saying they take liability for any damages once your child is immunised (even though you don’t plan on “immunising”)?

Perhaps you could send three notices to the relevant government department asking if they will take liability for damages from immunisation? If they fail to respond or take liability it is an agreement that they are not safe and that it isn’t mandatory etc.

These are just ideas, I assume most preschools would be pretty strict with following the “rules” because of “safety”.

[self_existence]

I also just had a thought that if they didn’t provide an address for you to legitimately respond to, what is your remedy? They must offer a remedy so surely a PO box is fine. The notice is getting to them, so what is the difference? Just my two cents. Hopefully others can shine some more light on this.

[self_existence]

I have been using a PO and GPO box for all my correspondence with Revenue NSW. They kept strong-arming me for the past 18months over a $3k covid fine. It’s a long story but eventually I sent a promissory note for $4k with a default and liability clause attached. This was sent to their PO and I haven’t heard anything.

I am now dealing with them for a forced quarantine bill ($3k). I hadn’t heard anything for 2 years and after I used a promissory note they all of a sudden what to pursue it lol. I think they wanted another promissory note so I sent a BOE for $1.10 instead and limited it.

This has been my experience, I hope it helps.

Perhaps others can share their experiences.

[self_existence]

LOL, this is why we need Solutions Empowerment

[self_existence]

One way of dealing it would be:

Ask them to send you a most up to date statement of account (say you need it for your records). When it arrives you have three days to renegotiate their pre-signed offer on your terms.

Watch <b style=”font-family: inherit; font-size: inherit; color: var(–bb-body-text-color);”>Module 4 – Accept a Public Offer To Contract (eg Statement of Account) On Your Terms

Use a promissory note or bill of exchange to discharge the liability. Choose one and watch the modules and download the document packs.

Send back the renegotiated contract with a default and liability clause with a four times counterclaim in the clause (that is optional but you can then go after them for defaulting on your new contract).

If they pursue (which they will) you will have to hold your position.

This is just a brief overview, there are more steps which you will find in the modules.

Hope this helps!

[self_existence]

Even if it is not-negotiable?

[self_existence]

You could ask them if gold and silver is in circulation and used as legal tender? And how can payment be made if it isn’t in circulation?

In your mind what are they asking for? $1.05 in what form ?

Cash (which is a promissory note anyway)? Bank transfer?

It’s all funny money and make believe. Nobody pays for anything these days, we just discharge the liability to pay.

[self_existence]

They wont show up because it sets a precedence that negotiable instruments can be presented for payment in gold and silver. This would mean anyone could take their cash to treasury and present their cash (promissory notes) for payment of gold and silver. If they did show up, just give ’em a dollar and five cents.😂

[self_existence]

Very good point! I never thought about it this way! Thanks for all your responses. You have helped me out a great deal with my undertakings.

[self_existence]

Good luck!

[self_existence]

Thanks for sharing! A promissory note might do the trick? I used it for a $3k covid fine after exhausting all other methods (over 18months of holding my position). They were relentless and kept suspending my licence. I offered a $4k Promissory Note and haven’t heard back from them. I know it worked because if it hadn’t my licence would be suspended again (as it was a 30 day unbanning till I paid the balance).

I am now using a BOE for my quarantine debt.

[self_existence]

Good to know. Is it worth putting a cover letter in with my tax return stating all correspondence must be via mail and I don’t consent to calls and they will be considered harassment etc?

[self_existence]

You’re a legend, cheers!

[self_existence]

Excellent, thanks for the info! I am slowly preparing myself for this year.

[self_existence]

Great info! Thanks for sharing.

[self_existence]

Awesome, good to know!

[self_existence]

Wow, they really are thugs. Keep me updated, I am curious to see how it goes. Good luck with it!

[self_existence]

Ah I see. I guess I am curious if they will go through past tax returns? I don’t know if I have all the receipt of small things I claimed in the past. Thanks for the reply

[self_existence]

Oh nice work. I bet he has been getting a lot of letters and emails since covid haha

[self_existence]

I did this over the phone when they suspended it last year. They made me fill out an online form before the reinstated my licence. I think I have an email somewhere.

When the police first issue a fine I think it has the option to go to court.

I find it funny they say I can go to court, make me fill out an online form and tell me to wait for correspondence for a court date and then after 6 months of nothing say I am not eligible.

The second time they suspended my licence I called up and said all I could afford was $50 and asked them to send me a statement of account for my records after making this payment. They pushed so hard to set up a payment plan and only agreed to lift my suspension for 30 days while I sort out my finances. Once I received the statement I turned it into a contract, attached a default and liability clause, did the promissory note and documents and sent it off.

I am waiting to hear back. I think they would be pretty ballsy to re-suspend it… but we will see…

I am preparing the next steps at the moment.

[self_existence]

I am using it for a COVID fine. It has been over a year and a half and they suspended my licence twice now. I opted to go to court the first time which they agreed to, 6 months later they turn around and say I am not eligible because I didn’t nominate to go to court when the fine was first issued. This was coincidentally 3 days after the supreme court ruling which led to over 30,000 fines being pulled. I mentioned this in correspondence and not a peep for 4 months and out of the blue they suspended my licence again (thugs!). I chose to use a promissory note to discharge the liability. They didn’t want it going to court so they kept threating my licence.

[self_existence]

Good idea! I didn’t think of that. I had to send off my letters already but will check it out next time.