[rtw711]

Did either of the 2 banks close your credit card account following them selling the debt to the debt collectors? What happened after the debt collectors backed off?

[rtw711]

A couple of years ago I used a combination of 4 notices from another source and watched Mark’s Module 28b – How To Address The Court to Win Your Case webinar a few times prior to going to court for a traffic infringement where the charge was successfully withdrawn.

[rtw711]

I have a few questions about the 72-hour contract law.

I sent 2 promissory notes to discharge 2 loan liabilities and they were rejected by the Loan Manager Company A (who manages loans on behalf of Lender Company B) with their interloping lawyer notifying me in a letter sent on their behalf to my email address. This email was sent to me and received on day 3, approx. 60 hours after confirmed Aust. Post delivery of promissory notes on day 1. My promissory notes and other original material were returned to me on day 5, approx. 102 hrs after original confirmed delivery on day 1. The lawyer wrote:

1. “We manage the loan on behalf of the Lender, Company B”

and “instructions on processing that payment pursuant to the Financial Emergencies Act”.

2. “We note that your correspondence and its inclusions appears to refer to legislation that is not applicable within Australia and that contains legal terminology that is often purported to be a method by which you may be able to cease making loan repayments.”

3. “We advise that, unfortunately, we are unable to accept this as payment towards your loan accounts.”

4. “You may consider this letter as our “Notice of Dishonour” as referred to in your correspondence.”

5. “We would accept cash payment by electronic funds transfer only”.

6. “We return the original material to you by express post”.

Note, I subsequently went ahead and paid off my 2 loans using my own funds and also didn’t follow through with the coffee shop meeting for presentment of the promissory notes since they were returned to me with the lawyer acknowledging their dishonour.

I intend to send a Notice of Demand for Payment of Debt (from Module 14 Exerting Pressure Points to Settle Any Matter) but want to clarify a few issues first.

Questions:

1. Given lawyer emailed me at approx. 12 hours prior to the 72 hour contract period expiring, but me receiving the promissory note and original material back after 102 hours had expired (i.e. on day 5), is my understanding correct that the loan company and all parties named in the Default and Liability Clause & Notice defaulted under the 72-hour contract rule? i.e. they had to return my loan material before 72 hours had expired even if the company is located interstate?

I also have Aust. Post tracking evidence that my original loan material returned via express post most likely was posted/mailed back to me after 72 hours had expired but cannot confirm this without questioning the lawyer. The Loan Manager Company A is located interstate and Aust. Post scanned the express post item at the airport on the evening of day 4, 15.5 hours after the 72 hour period had expired.

2. Under the Default and Liability Clause & Notices of the contracts created from the loan Statement of Accounts, did Loan Manager Company A’s non acceptance of my Promissory Note discharge the liability against me and create a liability against all parties named in the Default and LC & Notice, jointly and severally, of the amount stated on the Default and LC & N to me (hereafter ‘the Creditor’)?

My understanding is that it did. Is this correct?

3. If the total of the 2 promissory notes for the 2 outstanding loans was $200,000, then as there were 5 parties to the loan contracts (jointly & severally), would the total amount owing be:

A) 4 x $200,000 (Loans total owing) = $800,000 or;

B) 5 parties x 4 x $200,000 = $4 Million?

Can you also include interloping lawyer even if they weren’t originally included in the Default & Liability Clause & Notice of the contracts? The opening sentence in their letter was “We manage the loan on behalf of the Lender, Company B”.

4. What source(s) of information do you use for choosing the interest rate per annum charged on unpaid debts?

[rtw711]

M-J, thanks for all that information. That is very helpful. I was denied access with the 1st Dun & Bradstreet link. The 2nd link was still trying to load as I send this reply.

I ended up phoning 4 Equifax numbers in the USA which didn’t connect with their US office. The 5th number I tried did (+1-888-548-7878) where I was able to speak with a manager of their customer support team after not receiving any help from the customer support officer. The manager was helpful as I explained to him that the Leadership Team and location is on their USA website but not on their Australian website and they are not willing to provide this information over the phone. Anyway, he was able to confirm for me the Sydney, Australia office location and CEO/CFO details which are:

CEO and Group Managing Director Australia/NZ Melanie Cochrane

CFO Jason Phillips

Address:

Level 15,

100 Arthur Street,

North Sydney NSW 2060

PO Box 964

North Sydney NSW 2059

[rtw711]

Can anyone explain the following statement which is included in the WHEREFORE clause of the Certificate of Protest. I find it confusing when the Payee is in possession of the promissory notes (not the payer) because the Payee failed to show up for coffee shop meeting:

“…in being the legitimate; maker and / or indorser [CD] of the aforesaid instrument, the person in possession of the instrument in this case : Joanne Helen Smith [CD]…”

Does this need to be modified and change “Joanne Helen Smith [CD]” to the Payer (the loan company)?

• This reply was modified 1 year, 8 months ago by  rtw711.
• This reply was modified 1 year, 8 months ago by  rtw711.

[rtw711]

My matter is still ongoing. I am at the stage where I have served a Statutory Demand (SD) on the 2 companies involved in my matter where they failed to pay the debt owing within the 21 day statutory period as they have filed an application to have the SD set aside.

Also, the correct answer to my question was A.

[rtw711]

Ok.
Yes, I am aware from what Mark has said that a company or corporation’s seal is its signature and you can add terms and conditions to it according to the BOE Act (I forget what section is applicable??). However, I wasn’t sure at what point it became a legally binding contract. Maybe when you provide consideration with the stamp.

[rtw711]

Energy Australia.
I don’t have a smart meter for gas or electricity and have closely inspected both meters and cannot see anywhere on my meters where they could permanently disconnect the supply.

[rtw711]

I made a couple of amendments to a Notice and Demand for Payment of Debt that I had sent to my loan manager company. I sent an Amended Notice a week later containing my amendments and gave them an extra 7 days to respond. I added the statement “This does not alter,
reduce or change any party’s liability under the Default and Liability Clause
of the two endorsed contracts dated <date endorsed>, those parties being ABC Loan Manager Company, XYZ Lender Company, <Party 3>, <Party 4>, <Party 5> (jointly and severally).”

[rtw711]

Thanks for that info MJ.

[rtw711]

In the Affidavit, should you remove the copyright symbol that is included after the name if you don’t have copyright ownership of the all capitals name (and variations of this)?

• This reply was modified 11 months, 1 week ago by  rtw711.

[rtw711]

Ffrom what I have learnt in recent months with dealing with my energy company (gas+electricity), my understanding is that them threatening to suspend your licence was an offer to contract with you. I have had my energy company do the same thing with threatening disconnection a number of times since last November when I sent them remittance to discharge my electricity liability. My matter is still ongoing with the CEO not having replied to my correspondence. Every time they threaten disconnection or issue a reminder notice demanding payment, I send them an email informing them I do not accept any offer or contract for interruption or disconnection of my services. So far, I have not had any interruption to my energy services which I don’t think they could do anyway as they are just a billing company.

[rtw711]

I will PM you on the weekend.

• This reply was modified 1 year, 1 month ago by  rtw711.

[rtw711]

When should you send the Affidavit? My understanding from what Mark has said it can be sent either with the first notice or with the final 3rd notice? Does the affidavit contain only evidence of the facts of the matter? If not, what else needs to go in it? I need to do one for my matter that I’m currently working on preparing Notices of Demand for Further and Better Particulars as a sports club refused me entry during the period when Covid contact tracing was enforced by the sports club. The sports association refused to meet with me to discuss the matter after I wrote to them contravening the association’s rules and the associations incorporations act.

[rtw711]

Thanks M-J, that is very helpful. I will include that in my emails from now on.

However, my main issue is it legally valid to send a letter/Notice addressed to CEO to the company’s admin email address where the Notice is time sensitive with estoppel conditions (e.g. a Notice of Conditional Acceptance) and rely on their admin team to forward that email on to the CEO and if they don’t then that’s their problem not mine. I’m trying to cut down on postage costs as I am currently unemployed. Do you see any issue(s) with sending an email to CEO via admin email writing the email in the following format with your legal clause included at the bottom of email?

OFFICE FOUND

Attention: John Doe, Chief Executive Officer

Please refer to attached correspondence.

Yours Honourably,

James Doe

Equitable Beneficial

Named Estate Trust Title Holder (not the Trustee)

Without Prejudice

[rtw711]

Thanks for all this info Bricky. I will call the council and ask them for the date when they sold the debt.

[rtw711]

When replying by email, if you cannot obtain the CEO’s email address but have an email address stated on letter from a debt collector, is it acceptable to use the admin email address and rely on admin forwarding the email to the CEO, writing the following in the email sent to the debt collection agency:

OFFICE FOUND

Attention: John Doe, Chief Executive Officer

Please refer to attached correspondence

Yours Honourably,

James Doe

Equitable Beneficial

Named Estate Trust Title Holder (not the Trustee)

Without Prejudice

I have used the above process previously without using “Office Found” (which I have since learnt to use) when addressing someone at a company. The employee received the email as it was confirmed by them in their written correspondence reply.

[rtw711]

Thanks for the quick response M-J and your assistance with this matter.

[rtw711]

I have heard of the Statute of Limitations but was not aware of starting the clock again if you contact them. At least you were prepared the 2nd time round.

[rtw711]

Thanks for the clarification bricky.

Yes, they sure are. No morals.

What initial notice did you use? The one that was in a pdf M-J posted above or a different one?

After watching a couple of the YT videos, it seems important to clarify if the debt was definitely sold to the debt collection agency.

Did you check that the debt was sold and the Debt Collector was not acting on the Original Creditor’s behalf as this should avoid any Statue Barred reset when contacting the Original Creditor, as they no longer “own the alleged debt”.

Did you ask Original Creditor, Origin the following questions:

1. Is it true that (Original Creditor name) ended/terminated the account when it became Defaulted?

2. Is it true that (Original Creditor name) marked the credit holders Credit Report/File as Satisfied/Settled when the alleged debt was sold to Debt Purchaser?

3. Is it true that the account with (Original Creditor name) is closed with a zero (£0.00) balance?

M-J above has clarified that you need to respond within 72 hours or send a humble apology which should reset the default.

Note, for my matter with the council, 1-3 above would not apply as the debt collector is only chasing the 2nd quarter rates even though I did not pay the 3rd quarter due on 1st March because in my 3 Notices I offered to pay on condition the council (Mayor/Acting Mayor) provide evidence of their jurisdiction over me, and to charge rates..

• This reply was modified 1 year, 3 months ago by  rtw711.

[rtw711]

Hi, M-J. Do you know if you need to respond to a debt collector’s letter within 72 hours of receiving it? I suspect you do.

[rtw711]

You mentioned you had a win against Origin. Did you use the 3 Notices process? If yes, what financial method/instrument did you use for discharging the liability? What did you put in your notices?

Do you need to respond to debt collector within 72 hours of receiving their letter?

My energy debt has not gone to debt collector yet, only the council rates. I forewarned the billing/accounts dept of Energy Oz that I would be escalating the matter with the CEO if they didn’t return my Express Trust Contract financial instrument I sent them to discharge my electricity liability. They called it a letter which it isn’t and said they don’t accept it as a form of payment but have refused to return it. I have sent a number of letters as I am trying to resolve the matter peacefully but to no avail. Given this, what questions could I ask the CEO to hold them accountable?

Sounds like you are dealing with a very corrupt debt collection agency as they had no right to give you a bad credit rating. How do you remove the bad credit rating?

[rtw711]

Thanks Bricky. Very helpful.

Do you need to respond to debt collector within 72 hours?

Would you mind sharing your 1st Notice to Origin please. Okay to message me privately if you prefer. I am challenging my energy company, Energy Oz and they have so far refused to acknowledge my Express Trust Contract financial instrument I sent them to discharge my electricity liability. They have refused/failed to return it. I am escalating the matter to the CEO but not sure what I should put in the notice/letter to them. I have exhausted all other options after dealing with different employees from their customer Service and Accounts teams. Also, I didn’t realise you could get a bad credit rating from non-payment of utilities. From what you wrote, I must be mistaken. Is this for any unpaid utility bill? I have finished the 3 Notice demand process with my water company and have 2 unpaid bills now.

• This reply was modified 1 year, 3 months ago by  rtw711.

[rtw711]

Thanks M-J.

[rtw711]

Good point. Thanks for the clarification.

[rtw711]

Thanks.

Yes, that’s what my understanding was i.e. it is referring to the living wo/man, not the legal fiction.

[rtw711]

Thanks for clarifying this issue for me. I’ll have to PM you at another time. Need to finish another letter urgently.

[rtw711]

I have not started the 3 Notice of demand for payment of debt process.

[rtw711]

Ok to PM you?

[rtw711]

The endorsed contacts were those created from the original Statement of Account and endorsed by me as per ANZ loan example in Module 8 – using Promissory Notes to discharge a debt. These contracts were sent with the promissory notes and other PN documents.

• This reply was modified 1 year, 4 months ago by  rtw711.

[rtw711]

Thanks for the clarification M-J. That is helpful.

However, with respect to my situation as explained, what is your understanding with respect to the Manager Loan Company A (and all other parties to the Contract) being in default under the terms of the Default and Liability Clauses of the Contracts? Are they still in default for breach of my endorsed contracts irrespective of when the promissory notes were returned to me, or when I was notified by email by interloping lawyer, and therefore are still liable to pay the sum specified in the Contracts if they defaulted on those Contracts?

[rtw711]

Thanks M-J for that info.

However, there doesn’t appear to deal with the 72 hour issue.

Do you have Module 14 Exerting Pressure Points to Settle Any Matter where in the Notice of Demand for Payment of Debt, Mark deals with the interloping lawyer differently? Actually, I have discovered that in the 3rd notice, he holds the interloping lawyer liable for the debt owing as they are an agent for the debtor.

[rtw711]

Thanks M-J for all your helpful advice and assistance.

Yes, I have purchased a number of modules including that one.

I’ve been having trouble posting replies/questions. Wasn’t able to yesterday.

Is there a character limit for posts?

• This reply was modified 1 year, 4 months ago by  rtw711.

[rtw711]

Thanks for all the info and the clarification.

[rtw711]

Thanks. I referred to myself in the format “John-Henry Doe (“I”, “we”,”us”,”our”)” without the colons.

• This reply was modified 1 year, 4 months ago by  rtw711.

[rtw711]

No, that is not my letter.

[rtw711]

Thanks M-J.

1. Yes, I did include the section pertaining to “We do not consent or authorise to be contacted by telephone, cellphone,text message, e-mail, or personal visit about this matter. [You could add this point]” in my draft response.

2. In their letter (which I believe was most likely written by their govt lawyer), where they addressed me as “Dear :John-Henry”, what do you think they were trying to achieve by doing so? e.g. are they attempting to contract with the living man “John Henry” (Doe) which a corporation cannot do? They didn’t address me as “Dear John” as they did in their previous letter.

3. Would you make any comments about their alleged contract they claim exists?

I did ask Mark about this in a Q&A recently and he said there is an implied contract as I previously have had the opportunity to decline their services in relation to them supplying water to my property and charging me for sewerage access but by paying the previous water bills I have assented to their terms. However, I can terminate the implied contract by notifying them I no longer require their services which I could do and still receive water and have access to the sewer because they would have to dig up the street to stop the water supply to my property which they cannot do.

Your thoughts?

4. Also, could I have the contract voided if I send them a Notice of Conditional Acceptance where I ask them to provide proof of claim that they supply safe, high quality drinking water and they fail to do so, thereby going into commercial default and voiding the contract? I have 3 carefully worded letters from another site that I am considering using.

[rtw711]

Thanks M-J. I think I will clarify this with Mark as it is still not clear as to why in the 2018 example the income and tax withheld was not entered on the same line as the ABN.

[rtw711]

Thanks M-J.

Do you have any knowledge about my 2nd question i.e. in the 2018 example, was the omitting of the income and tax withheld for the relevant ABN intentional or an error?

[rtw711]

Thanks MJ.

I have all my evidence for my declarations, so I am not concerned about that. So all is well.

Yes, with God on our side, we have nothing to fear or lose.

[rtw711]

I only have until this Friday, but really need to finish and post it today, or at latest tomorrow so the ATO can get it early next week.

[rtw711]

Thanks for your reply.
I assume you mean previous tax returns, I have answered the questions on the supplementary form in the same way. I receive a tax statement annually from my investment company and on that statement it specifies the relevant items and their amounts with a tax return code for each item. This code actually refers to the question number for this item appearing on the supplementary tax return form e.g. the code 13C refers to the amount of franked distributions from trusts and has been entered on the supplementary form in Q13C. Hence, for this return and previous ones, I have transcribed those amounts from my investment company’s tax statements onto the supplementary form, as shown in the supplementary form pdf.

[rtw711]

I have all the payment/BOE modules but what manual are you referring to?

[rtw711]

Thanks M-J. My email is prof8901@protonmail.com.

How do you PM on here? I have not seen anywhere where you can.

• This reply was modified 1 year, 7 months ago by  rtw711.

[rtw711]

Would you agree?

[rtw711]

Yes, that was my understanding too.

So in the ANZ example, the statement “the aforesaid instrument may be converted into a contract or bill” seems valid. Would you agree?

[rtw711]

In these examples, my understanding is the instrument would be the issued Statement of Account.

[rtw711]

Ok. Thanks.

So in these examples, what do you understand (or define) the instrument to be? The Statement of Account, the Statement of Account + promissory note?

If the payee failed to show up at coffee shop meeting, would it be valid to say “the aforesaid instrument may be converted into a contract or bill” where the Statement of Account has been turned into a Contract i.e. would you exclude the word “bill” from this statement (as it is only relevant for a Bill of Exchange)?

[rtw711]

Thanks for your detailed reply. Very helpful.

So, to summarise what you have posted, for mail service, an individual or entity is deemed to have been served 2 days after mailing the documents irrespective of how long it takes to deliver the documents as opposed to physical service where the individual or entity receives the documents immediately.

[rtw711]

Also, in paragraph 7 of D & LC & N, it states “Any demand or notice served by registered post shall beyond dispute be deemed to have been served two business days after the date of posting, irrespective of whether the demand or notice is received by the Defaulter“.

Given Australia Post don’t deliver everyday anymore, shouldn’t this be changed to 3 days, even more if mailing interstate, possibly allowing up to 5 days for delivery?