Module 74 - Protect, Preserve & Uphold Your Political Status As a Private Wo/man 
Module 75 - Key Principles In Life To Protect & Govern Yourself, To Succeed In An Ever Increasing Oppressive Worldwide Financial & Commercial Corporate Climate 
kate
Forum Replies Created
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Hi Brandon,
We began the process with Peter.
I have just completed my 6th email in the setting up process. This is where we have completed the foundations of agreement, the minutes and the NAT3346 form.
Next step is to book and appointment at the bank. I contacted my local Westpac Branch today – it is a small branch out in the country. The lady let me know that they had to seek advice from their Sydney branch and their reply to her was:
– “There is no just walking in now and getting an appointment to open one of these accounts”
– They are “treating all business accounts a bit more carefully” therefore it is about a 3–5-week backlog before we can get an appointment.
– To get the appointment the local branch must make a referral to the head office for one of these business accounts to be opened
– Someone will contact her from the head office and then she will then contact us to organise an appointment.
That’s where we are at how did you go?
Kate
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This is the extra court doc I found interesting as Mr Foster appears to aid in repossessions regularly by writing affidavits. The findings were around ruling ex parte and respondents not being served.
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Hi all, I have an update to our journey with the q voucher.
As you know I was seeking advice from a mainstream Lawyer and just received their response yesterday which I will attach. I guess it was exactly what we expected. They did bring up one argument that I did not consider regarding making a claim around irresponsible lending.
Thus, the only thing I got from the money I spent was to not proceed….
Regardless of whether the voucher is a subset of a BOE Toyota did “accept something offered” and “a payment refused discharges the liability”. So, whilst I was waiting for the lawyer’s response, I came up with a few options that we have to hold our position.
1. Do an application to set aside a default judgement based on not being served and around the questionable affidavit that was used to secure the court order to repossess the car. See court docs and the commercial agent (Mr Foster). This talks about whether they can allow a hearing ex parte or without service on the respondents.
2. Do a creditors statutory demand for payment of debt based on the invoices I sent to Toyota and their lawyer
3. Place a claim in the court as the secured party creditor – I filed a UCC1 financing statement thus have the highest lien position.
4. Place a claim in the court asking them to provide evidence of their claim that the voucher is “of no legal consequence” and “is not effective under Australian Law.
I have attached:
– Mainstream lawyer response to advice on best way to proceed to get our car back – cost me $1300
-AFCA response to my formal complaint – I have until 23rd of March to contest this outcome. The author has made several claims in this letter.
– The court claim to repossess the car. I have only attached the affidavit made by Mr Robert Foster the commercial agent used by Toyota. Remember they got this court order whilst they had a separate claim in a separate court we were responding to. Note: The mainstream lawyer in his letter of advice stated this is not unusual. I would like to provide a copy of all of the court documents they used to repossess our car, but it is quite a large amount to blot out etc. May be Mark could advise a way to give others access?
– Copy of other court docs I found relating to the same commercial agent Toyota used to complete an affidavit to secure the court order for our car. It appears Mr Foster might provide his services for repossession and affidavits all of the time??!! Big business it seems. – will attach in another reply as you are only allowed to upload 3 docs at a time.
I have attached these docs and hope they help in some way and remind us to hold our position.
To the admin: If I have not correctly deleted names, please let me know.
Any suggestions welcome, especially from Mark 🙂
Kate
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Hi Guys,
I used the Qld application and sent it by registered post on the 3rd of January. I have just received my live birth extract today 6th of February so it was really quick! It cost $119.50. I have attached a copy fyi.
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Hi all,
I filed the tax return online 2020 and received back all of the tax paid $27 808.96.
The following year I attempted the same process. This time I received correspondence on the 21<sup>st</sup> January 2022 that requested “more information about your 2020 and 2021 tax returns”. I copied the letter titled ‘more information about your 2020 and 2021 tax returns” and sent it back along with an affidavit of expense and declaration in the form of an affidavit via registered post.
The next correspondence I received dated 9<sup>th</sup> March 2022 was “We have finished our audit on your 2020- and 2021-income tax returns”. They applied an administrative penalty to the 2020- and 2021-income years due to my being “reckless”. For 2020 they applied an administrative penalty of $13 904.45 plus the amount they gave me back $27 808.96 and 2021 $13 215.70 – totalling about 56K.
I immediately sent 4 notices to the woman who was the officer on my audit dated 20<sup>th</sup> April 2022, 27 April 2022, 4<sup>th</sup> May 2022 and 11<sup>th</sup> May 2022.
I received a phone message 16<sup>th</sup> May 2022 from a Kirsty C wanting to “discuss my tax obligations”
The next day on the 17/05/2022 In response to the message left I sent a notice of conditional acceptance and no consent re: subject matter jurisdiction. I also sent 2 further Notices on the 27<sup>th</sup> May 2022 and 03/06/2022. The 3<sup>rd</sup> Notice had an invoice (first invoice) for the amount of $27 860.54.
I received no response or correspondence to any of the above notices.
In the meantime, I was not aware that they already just went right ahead and issued a statement on the 15 March 2022 in Mygov for the total amount of $56 051.89. This included the amount I got back plus the 2 lots of 13K in penalties for being “reckless”
So, I printed the Mygov statement and on the 15<sup>th</sup> June 2022 did an A4V on the statement with a Notice of tender of payment via registered post. The tax office responded by leaving messages on my mobile despite me advising that they need to contact me only by the address provided.
So I sent a further 2 Notices to the man and woman that left the messages to follow up with the first three I sent – A Notice of demand for further and better particulars and opportunity to cure with 2<sup>nd</sup> invoice and a notice of demand for further and better particulars and notice of default opportunity to cure with a final invoice.
I have not logged on to MYgov for a number of months, in fact I want to remove it but it’s handy to see what they are up to. Last time I looked they added more fees for the alleged non-payment of 56K– even though I did an A4V.
That’s where I was up to last year in about June. To be honest I have left this on the back burner until now as I was dealing with the Toyota matter. They have still not responded to any of the correspondence that I sent.
Now the ATO has changed tactics – So now, Jan 2023 I received correspondence “we noticed you have not done your tax return” …… and just today I think I just received another one the same in the mail – I have not opened yet as I am not sure how I want to proceed.
I thought I’d give you all this run down so that you might have an idea of what to expect and the way they have taken to dealing with us.
Kate
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Mary Crofts book – how I clobbered every bureaucratic cash-confiscatory agency known to man, page 45 and 46 has a chapter on Licensure. This is a little extract copied from the book.
“You can include, “without prejudice” or “All Rights Reserved”, or UCC1-207/1-308, which will protect
your right not to be compelled to perform under any contract or commercial agreement that you did not enter
knowingly, willingly, voluntarily, and intentionally, yet I recommend ‘agent’ or ‘authorized representative’
after your signature, which means that you, the living soul, are not the entity to whom the alleged contract
applies. The word ‘By:’ right before your autograph is the best because it evidences your agency”It says the same thing in the book – Who is running America – Where is says that signing with all rights reserved “means you are reserving your God given unalienable rights which cannot be transferred”. It goes on to say that the coporate U.S …government provides or at lease pretends to provide for this reservation of rights under the uniform commercial code (UCC) 1-207 and 1-103.
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Hi, I have used this before:
U.C.C – Article 3 – § 3-603. Tender of Payment.
(a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.
(b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.
(c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.
Not sure if it’s what you are looking for but thought I’d send anyway.
Kate
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Hi I am wondering if you could give a little more information on what you did using these processes.
Kate
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Hi, I am just awaiting confirmation from Westpac to let us know when we can organise an appointment to open the foundation accounts – no word for the last week or two but will keep you posted.
I am using Peter Duff to set up our foundation. While i am waiting i have received letter head and invoice templates from Peter. I am not sure how the process will work as yet as am still in the setting up phase.
I have heard that the foundation is useful for all things but it cannot own a property so will be a good idea to set up a private trust. I have not done this with solutions as yet.
Kate
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Hi Morag would you mind elaborating on what the court said about the 3 notice process with the equitable estoppel when it was presented?
Kate
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Thank you so much for this information Jead.
Did you end up receiving your CUSIP number using this process?
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Thank you for this Jead,
Just wondering what it means by sending a blank money order. Does it mean don’t put the name on the order?
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Hi sojourner,
I am happy to give an update to this. These things seem to take a long time. So I had a meeting with Mark at the end of 2022 which was very helpful. It was suggested that this could be an interference in due process and that I could just make a claim against them along the lines of “have I NOT tendered payment in satisfaction of the liability” etc. With that in mind I have started a draft to pursue a claim, as you know these documents are extensive and require a lot of time and I am aware that the courts are not level playing grounds.
In the meantime I decided to complete a Notice of formal complaint. I attached an affidavit and exhibits to the affidavit of all the previous documents that I submitted to the court along with the USB of the repossession of my car, and the phone conversation I’d had with the manager of repossessions from the company in question, quite a pile of documents. I made 4 copies of the formal complaint and sent them to AFCA, ACCC, Legal Services commission and her honour Justice Helen Bowskill (QLD head judge).
I received a reply from legal services commission saying that I needed to fill out their template and specify the lawyer with whom I had a complaint. I have not responded to that as yet. The second reply was from Helen’s “office” basically saying that they cannot make a decision with this and that I should get legal advice. AFCA and ACCC have not replied as yet. AFCA has let me know that all the docs were sent to the company in question and that I had been allocated a case manager. I do know that when a complaint is with AFCA the company in question cannot do ANYTHING, like sell my property/car. My previous experiences with AFCA is that they usually just come back and say something like sorry we cannot make a decision or its out of our jurisdiction. In saying that though this is the first time I have made a proper notice of formal complaint WITH affidavit and evidence. The previous times I’d just written a quick dot point on their website. With this in mind though I am not holding my breathe for any sort of remedy here but you never know.
In the meantime I just spoke to a litigation lawyer yesterday for a quick 30min free consult on whether I had a case for anything regarding the fact that a court order was made whilst another proceeding was in place in another court. I also mentioned that I was never personally served court docs and only heard about the claim when the lawyer for the company in question emailed me the claim. Info I received was:
-they really aren’t allowed to make a decision ex parte without giving me an opportunity to appear.
-someone would have had to have sworn an affidavit of service – an affidavit of service would have had to have been filed for being served! Remember I was never personally served any docs prior to this court order.
-If you haven’t been served it’s a rebuttable presumption. That means that the burden of proof is on them. So if I can prove that I was never served documents with receipts, working etc then it could be contempt of court process. This would mean the server will be in a bit of hot water.
-It was suggested that we should obtain the affidavit of service to find out what was actually said on the affidavit e.g. what date they said I was served or words they used
I am in the process of getting all the court docs from the case that the court order was made. I rang yesterday and the court said no problem send an email and we’ll send you the documents since you are a party to the matter.
Outcome: I might then be able to file an application to set aside the order. This might mean that they might have to give back my car. Of course if they don’t agree……. I might have to go to court.
It’s been 2 years since I had started with these processes and it’s certainly one heck of a ride. It’s not easy and it take a lot of hours to get words on the paper. You’ve really got to love this sort of stuff. This case is one of 4 that I took on at the end of 2022. I will say this, I recommend taking on only one thing at a time otherwise it is way too much!
I am learning so much along the way and its nice to read about where other people are at and what they are achieving.
That’s all to date
Kate
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Hi Vicki,
Did you have any success with this process?
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Hi Vicki,
I had recently taken an affidavit to our local courthouse to have the JP sign/witness it. He did not like the part at the beginning “I, a private woman” or “my yes be yes, my no be no” etc. I said this is my affidavit how can you tell me what to write. He said no we have a template for the documents and proceeded to look up the wording on the court website. He made me take it away and write the words from the template. I managed to take out a couple of words and the next day when I went in he still wasn’t happy but signed it anyway.
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Ok great! Can I ask how I send it to the team. Is there an email address. Apologies if I have missed it in my readings.
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Thank you very much for that information. I am wondering if there is a place to submit the questions and the background prior to the meeting to save Mark’s time?
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Hi morag,
Thank you I have booked and appointment
