sseeto
Forum Replies Created
-
I have printed out the ANZ & CBA C of Protest to compare, and looked at the CBA Affidavit points 24 & 25 to understand the different circumstances. So, it looks like in the CBA example, the statement of account/s x 3 were paid by 3 x promissory notes which were sent together for payment. These 3 promissory notes are being protested on the day that there was a no show for presentment for payment. The three appointment times on the 3 x C of Protests are 5 minutes apart. The Maker was waiting for 3 promissory notes to be presented that day by the Payee, and made the appointment times for presentments 5 minutes apart. So the wording could say “Statement of Account”, and/or “promissory note” or even “bills of exchange” – such as is in my Certificate of Protest from the Money Order/A4V module. All would be correct wording. I would use “promissory note” by itself or “Statement of Account and Promissory Note” to be more suited to your payment type, rather than the general “bills of exchange”. Both would be correct, unless you didn’t get a statement of account e.g. if it was a different titled offer to contract document that was received. Whatever it was titled, you can use here, to make sense to them, to make reference to it for them.
The ANZ extra sentence including “and earlier certification confirming payment was discharged” that is not included in the CBA one. This is something specific to what that person did in the ANZ case. They possibly did an earlier certification as soon as the promissory note payment was discharged by certain reasons for discharging liability. Or maybe this “certification” is referring to the certificate of mailing, that went with the promissory note, and they are saying, this is confirming that the payment was discharge because I know how long after you received the registered mail envelope with tracking, that you have held onto this payment for more than 72 hours = payment discharged, even though I didn’t do a certificate of protest until now. These are just options to give you ideas of what you can add in if you need to for your circumstances, or not add them in, and just keep it simple. I don’t think they understand what we’re talking about anyway.
2) I think it should say the same “was dishonoured” because the rest of the paragraph says “…therefore in accord and satisfaction” etc etc “…doing so pursuant to s.100(2), I hereby declare this Certificate…” So, I think it’s referring to the absent Payee not showing up, and therefore dishonouring and that’s why the Notary is doing the Certificate in accordance with BOE Section 100. But by all means check with Mark if you want to be sure and let us know. The Certificate of Protest I used for BOE Money Order says “was dishonoured” on it. I get the reasoning that the payee did not dishonour when they held on to it for 72 hours, however, I would think that the Certificate of Protest sounds conflicting/double minded to say the absent Payee did “not dishonour” when the heading says that the absent payee is dishonouring. And of course there could be some differences that I might not be seeing here with the Money Order vs the Promissory Note. Not sure, only Mark would know if that was a typo.
3) No, they don’t need the “By” line, nor printed name underneath if you have typed out each name within the document. I removed their listed names and the area allotted to each witness to sign. I put a blank lined space where it says “three” good witnesses. e.g. “in the presence of ________________ good people from the community…”. I get them to sign across the bottom of the page from left side of the page to right, on the gap at the bottom of the page under the Notary’s alloted line. I get as many people to come out for a cuppa and sign. They sign and write/print their name(only first and middle name) underneath their signature. Then later I can count them up and write in the number of how many witnesses I got. My Notary signs, and the area where the Notary’s name gets typed in at the beginning, I also put a blank line there, just incase my notary can’t make it and someone else has to sign. They will just write their name on the line, and sign as Notary.
4) You haven’t got the town in the address in the 1st paragraph. (I didn’t put the street in mine). The last paragraph “Commonwealtrh” typo – not your fault. It’s in the template. That needs to be fixed up. The unique number of the Certificate, make it day,month,year,time usually of the meeting. e.g. 161020231035 . At the very bottom in fine print, for the Notary address, I try to protect any private information as much as possible. I have a PO Box address. I use that address for my notary. I don’t give out any personal addresses or details to the parasites or the system.
-
Are you paying a mortgage statement? You would use this redraft document only if you are. It would get glued to the bottom of the last page of the statement, then the Default & Liability Clause and Notice would get glued to the bottom of it (the 2nd page of the D&LC&N gets glued to the bottom of page one of D&LC&N so it’s a long continuous page/contract). The back pages get “Z INTENTIONALLY LEFT BLANK”, and then on the last page of the contract, bottom right corner gets the 5c stamp. Remember that the promissory note stays separate & gets attached with paper clip… don’t staple it or join it to the contract. The Certificate of Protest, last page in the ANZ example is not part of the documents that gets sent to them. This is completed on the day that you are meeting them at the coffee shop.
-
If you are attaching a promissory note, then it should say “maker/Indorser”. The CBA one is correct. It looks like the ANZ example provided is just a sample of how it should be indorsed all over. I noticed that the names throughout are John Doe and Jane Doe, so Mark has just wiped out the identity of the person and used John Doe…see the signature at the bottom of the pages are John Doe’s. The ANZ has a promissory note attached so it should say “maker/Indorser”. The D & LC & N template has “Drawer” on it as well because if you use a BOE instead of a promissory note to pay, you will need it to say “Drawer/Indorser”. The same D & LC & N template is used for various forms of payment, so you will have to delete or replace the not applicable words, including the parties to the contract…you may have less, you may have more, than the examples have.
As for your last question regarding whether to change the laws of the state to your state, I would rsvp for Mark’s next Q & A session, and have your question typed in a word document before the session and as soon as the session starts, copy and paste your well worded question(so he can understand the question without being long winded) into the chat box. Ensure your comment begins with “Q: ” so Mark will know that it is a question, as this is what he is looking for in the chatbox.
-
The judge made no order in my presence nor talked to me at all about any result. He only spoke to the lawyer with a low volume, so I couldn’t hear, whilst facing the paperwork, it was very quickly said and legal language and half sentences, phrases that the lawyer understood. All I heard was he would go over whatever they(the lawyer) wanted and work out something there. He indicated for the lawyer to meet him afterwards somewhere and he would work out something etc. He spoke intentionally in a way so that I wouldn’t be able to hear what he was saying to the lawyer. His body was turned and facing the lawyer. He generally did not allow me to speak. At one stage he asked me what I was relying on, but also at the same time directed me with threats to that evidence being only within my paperwork already submitted, but at the same time would not look at any paperwork I submitted except what point I would specify within my affidavat. So I directed him to the point & exhibit of the equitable estoppel / private agreement where the plaintiff (other party) had agreed to waive their right to pursue a claim etc. He had a smile and quietly laughed it off, smurking and just ignored it all. The amount that I was claiming for damages as per the fee schedule which was in the 3 step notices, the lawyer said, I was not a lawyer and trying to claim legal fees, so the magistrate believed him and didn’t even do his job fairly or honestly. When I had the opportunity, I said, regarding those fees, I never claimed that I was a lawyer, and that there’s an private agreement in place and those are breach of contract fees. The judge would not even give me the decency to look at me when I spoke, he just looked down at paperwork busy to show me nothing I was saying was of any impact to him. He had a smurk and ridiculed the agreement. In the very end after he had ended by ridiculing me once more about having a mental assessment, as he was making arrangements to do his private court order, I said, Sir, do you have any authority under the UCC, since my property is held under the UCC? And he replied, My authority is under the Queensland XXXXXXXX (something I can’t remember). I repeated, well, you do as you like, I don’t consent to these proceedings.
I forgot to mention in my first comment reply above that I had also said the “I am only here under duress, protest & threats of menace” as Mark had instructed. I had a one page as Mark instructed, in front of me to keep me on back on track and remind me of what to say.
-
This reply was modified 1 year, 8 months ago by sseeto.
-
This reply was modified 1 year, 8 months ago by
-
I asked Mark this question and received an answer. The reason you can write that wording in the Certificate of Protest is because at that time when you do the Certificate of Protest, it’s immediately after they rejected your BOE payment, and at that time, they have not asked again for payment.
-
I have found Vistaprint to be cheapest place to get the stamps. And right now they have a 40% sale on, so it’s even cheaper! https://www.vistaprint.com.au/stationery/stamps/self-inking-stamps. As for the Received stamp, I found it on ebay https://www.ebay.com.au/itm/114899813465?var=415041319629
-
I can answer this myself now. I found the answer in module 9 Holding Position module.
Mark was saying Did you take something “offered”?
-
I just found the answer. It’s a reference to the relative footnote at the bottom of each page. So in this case, look to the bottom of the page for “39” and read that.
-
I’m interested. How to go about getting this? And I have some questions too. Where and how did you get it done, so that maybe in future if one is needed without the word “Promissory Note” at the bottom, we can get it done. How do we message privately?
-
I have the 120gsm in white and it is perfect. The ones in Officeworks are either too thin or too thick/cardboard. Also, I rang Officeworks and they are not stocking the 120 gsm nor can you order it in through them. I have searched the internet for it and the only website that had it, seemed to be possibly a scam one from saudi arabia somewhere. After I entered my payment details in, the processed never continued with the order. So watch out for that. I can share sheets from my supply if you want. They were not cheap. I had to get them from U.K. So, $2.50 per sheet & postage costs. I will have to place a limit to a max of 5 sheets. Hopefully someone can source them here in Australia. With the promissory note, you could probably use 1 sheet for 3 promissory notes, but since they have unique details printed on them, you would print one as you need, then cut off, and save the paper for the next time you need another one. My printer can do that by placing the paper in the open paper tray, and the printer thinks it’s getting an A4 paper. If it’s being used for a BOE $1.05, then the whole sheet gets printed on. The BOE $1.05 I printed off looked brilliant!
solutionsempowerment.org
Access Restricted (Not an Active Member) – SolutionsEmpowerment.org
Access Restricted (Not an Active Member) – SolutionsEmpowerment.org
-
<div>I got mine from a member here and they look brilliant!</div>
https://solutionsempowerment.org/community/forums/discussion/promissory-note-embossed-stamps/
solutionsempowerment.org
Access Restricted (Not an Active Member) – SolutionsEmpowerment.org
Access Restricted (Not an Active Member) – SolutionsEmpowerment.org
-
I got mine here from this member and they look brilliant!
https://solutionsempowerment.org/community/forums/discussion/promissory-note-embossed-stamps/
solutionsempowerment.org
Access Restricted (Not an Active Member) – SolutionsEmpowerment.org
Access Restricted (Not an Active Member) – SolutionsEmpowerment.org
-
I’m not sure. It’s possible that it’s for other loans as well but it’s best to go on Mark’s Q & A session and ask him. Please update here when you find out the answer from Mark so that others can know.
-
I would leave “Payee” and either delete just the brackets or not. If you’re deleting the brackets, then a comma between the list of different agents and “Payee” because you are adding “Payee” as a title that the CBA could be referred to as, within all your legal documents including the Redraft notices and Default & Liability Clause and Notice. Don’t leave anyone out of this list. Make sure you cover every party.
-
Update: They didn’t turn up. I had another BOE ready, $1.10 stamp. So a Certificate of Protest was signed by my Notary and witnessess. Am I supposed to post them something to acknowledge that payment is discharged since they didn’t turn up? It’s been a couple of weeks now and I haven’t heard anything from them at all, nor have I done anything else.
-
To be honest, I don’t know the meaning, or why those particular words are chosen. I would love for Mark to explain the whole meaning of “indorse”, “indorsements”, “accepted as indorsed” and much more, but he has so much on his plate and must prioritise what he spends his time on. I can say from my experience, without one on one help with Mark… just trying to make sense of it all on my own, is that, I didn’t go at the Council as hard as Mark does. I toned down his documents to suit my timid character, being my first time etc, and they responded by taking action against me which esculated to court. (I won’t go into those details). When the new rates notice came in the mail and I had a second opportunity to apply the BOE process, by then I had watched and learned much more modules and understood better because I had been through the process once already. I used all that Mark taught in combination boldly and I haven’t heard anything yet back from the Council for 3 weeks now.
-
Watch and rewatch the videos to understand them. Pay for the module paperwork, because going through the videos with the paperwork in front of you makes a big difference. The more modules you pay for the better you understand the whole process. There are a lot of questions in the Q & A from everyone and Mark is trying his best to get to everyone’s questions, so it’s best not to ask a question that has already been explained in the relevant module. I did find that after doing several modules that some things were still not covered in detail, regarding the promissory note and the $1.05 BOE process and Certificate of Protest, but I appreciate that Mark’s modules are already so long in duration, and so I accept that the video teaching had to end there. Some things makes sense after you actually live through the process. Re point 13 & 14 not being on the CBA redraft notice, I’m guessing that these are just templates that you can add to it whatever else you want. It is better to have more on than not. If 13 & 14 are just as beneficial on the CBA notice as they are on the ANZ notice, then it would have been good to have them on. It’s possible that the CBA example could have been an earlier one and the ANZ one could be an updated redraft notice that Mark uses now, but he still includes the CBA example so that you can see differences in the different bank statement styles and yet the process is still the same. Adding point 13 & 14 is a benefit to you. Leaving it off will still work fine, but the more that protects you the better. I did the BOE $1.05 process for Council Rates Notice. I did not get/understand the whole process from purchasing one or two modules. I had to purchase a lot of modules to get/understand the process and how much liberty I had with exercising my authority within these “contracts”. Even with the Default & Liability Clause & Notice, there are a couple of versions of this document. You would just pick the one you’re comfortable with. Some people will choose not to use it because the module never mentioned it at all, others will use the basic version because their module had the basic version in it, others will use the type like in the ANZ version.
-
Whatever is your signature is on the bottom of the pages near “page 2 of 5” etc, and diagonally across the left corner of the 5c stamp, also the same way just above it before “Grantor”. It’s your signature, so just pick one way, whether J Doe or John Doe or whatever – just make sure wherever you have to sign in the document, it is the same way each time. The only other signing way is when you initial wherever you make additions/changes to the contract.
-
When you make the changes to the statement, you are changing the amount to be paid by adding extra $. That amount owing becomes the new amount that you agreed should be paid. This is within a contract that you have changed the statement into. So you and they need to keep to the contract. Your name as well as theirs is listed in the area that mentions if any of these parties default, the amount to be paid is 4 x the amount of whatever is the new amount owing.
-
This reply was modified 1 year, 8 months ago by sseeto.
-
This reply was modified 1 year, 8 months ago by
-
If the ANZ statement was 1 page printed on both sides, then there is no blank page to “Z INTENTIONALLY LEFT BLANK”. If the 2 page ANZ statement was printed on 2 separate pages with the back sides blank, then you would “Z INTENTIONALLY LEFT BLANK” both back pages that are blank. A red “NOT NEGOTIABLE NOT-TRANSFERABLE WITHOUT RECOURSE” goes on the top left corner of the “Z” page. I also did a red “ACCEPTED AS INDORSED”(with a signed Intitials to indorse” near the “INTENTIONALLY LEFT BLANK”, and signed initials again at the bottom right of the “Z”, on every page with the “Z”. The last page of the contract that is blank gets all that as well as the 5c stamp signed across the corner left and dated across it. It also has the “ACCEPTED FOR VALUE NOT NEGOTIABLE NOT-TRANSFERABLE WITHOUT RECOURSE By Grantor” above the 5c stamp. Also, you should “Z” any areas that are blank, to protect yourself from them being able to add something else in that gap of the document later.
-
13 & 14 from the Redraft are also in the Default & Liability Clause and Notice end of 2nd paragraph through to 3rd paragraph. If anyone defaults to pay 4 x the amount of the promissory note, is worded in 13 & 14 as “breach of contract”. I wouldn’t hurt to have 13 & 14 added in the redraft document that it is missing from, even though it is in the Default & Liability Clause and Notice. There may be a difference between Breach of Contract and Defaulting. In my short experience so far, breach of contract has been if you have already paid them, and they ask for the money again. Defaulting could be, not performing according to the instructions within the contract. e.g. Not returning the payment within 72 hours back to you if they don’t accept it. Just check with Mark to clarify when you would add 13 & 14 to the redraft notice. And when you find out, please put your answer here, so I can learn too.
-
Any householder, would mean “any”, there is no exclusion mentioned of family members, friends etc. If it’s not expressed, it is included. If you don’t have any householder because you live alone, then resident of the “place”. Usually “place” in all the legal documents is referring to the town/suburb/city, not house or street. So any residents, neighbours, friends, can meet you at the location for a cuppa. I would choose people who are on the same page. Are you connected with people in your area who are willing to stand?
-
Will that be another Bills of Exchange exactly like the last one where it lists another day and time and address for meeting place for payment?
-
Do you know what we give them, besides another BOE $1.05, if they do turn up?
-
One tip I will give you from my experience incase you get a tough one like me. He would only look at what I submitted within my affidavit…and even then, had an attitude that nothing had weight…found it all amusing.
-
I never got an opportunity to say after he denied he was the trustee, if you’re not the trustee than someone else here must be and look at the other party, like Mark taught.
-
The judge ignored when I brought up that these document were only given to us in the last 24 hours.
-
Unfortunately, the judge was not neutral from the very beginning as soon as I wouldn’t say I was my legal fiction. Nothing was fair about this proceeding from the get go. He wasn’t open to me saying anything. I had lost before I even started. He did exactly as Mark said some of them do, they don’t answer questions and move in to protect the lawyer from answering questions.
-
We weren’t told a thing. I’m guessing it will come in the mail. I’m concerned about what I should do next. I know it’s only an offer and you can turn the court order into a contract with a default & liability clause, but my property is not protected. I’m concerned that they could file an interest in my property at the titles office.
-
I followed Mark’s instructions in the module for a Defence and Counterclaim, which included to do a application for a summary judgement Ex parte. When I filed it at the registrar, the registrar, shook his head and said you can’t file for ex parte, it has to be heard, and asked me what date and time suited me. He gave me 3 dates and I picked the latest one to give me the most time to prepare for court….problem is, it gives the other party more time to prepare. The other party played dirty. We didn’t hear anything from them for ages, and then they filed on the last day that any more paperwork was allowed to be filed in at the registry, so theirs was the last paperwork. It was two affidavits from clerks in their firm, saying they didn’t have first hand knowledge but the mountain on paperwork they submitted was what was provided to them by the solicitor firm. My hearing was Friday morning. On Wednesday lunchtime, a letter arrived by express post that made us an offer to drop the hearing/case and the offer to decide had a time limit by 4pm that same day. The paperwork in that envelope threw me off from spending my time preparing for court. They play mind games. It took me a while to realise that they were just photocopies of previous documents that they had already sent us in the past…. nothing new. Because we didn’t respond to them by 4pm, they had mail delivered to our letterbox that evening without us knowing. A plain grey satchel with no sender or other details except our names. In it was the thick affidavits that they filed in to the registry earlier that week. We received it in our letterbox with 24 left before the hearing. They were allowed to use that in court. The magistrate listened to all they said, and wasn’t open to anything I had to say. Also, when I brought up that I had applied for summary judgement ex parte, the magistrate said, well you’re here so it can’t be ex parte. So it’s like circular reasoning….a circus.
-
No recording. I was up there as the authorized representative for both of us. Husband was ready incase they forced him to come forward….but that didn’t happen. I held my position right through to the end as Beneficiary and keeping the magistrate as Trustee and I did not consent, although in the first 3 minutes where the magistrate pressured me I was in shock and so much pressure trying to gather the courage to try again withstanding his threats.
-
There was only my husband and myself. He only came because a friend told us that if he didn’t attend they could put a warrant out for his arrest. Not sure if they would do that for an admin proceeding, but his name was up on the board when we arrived, even though I sent in only one form of Notice to Appear. It was only for me to appear, and it said I was the “Authorized Representative” named First Middle name was coming in. I always sign off on the right side of the page:
By order of
STRAWMAN NAME
By
(signature in purple pen)
Authorized Representative
All rights reserved
non waived ever
Since I was the one who put in the application for summary judgment and for the hearing date and time, I thought that I could also control who would be attending on behalf of the 2 strawman dead entities. Isn’t that what lawyers are allowed to do? Attend on behalf of their party? So I went up for the estates that were being addressed. I also told the magistrate that he was the Trustee. Of which he replied “I am not!!!!”
-
I have purchased that module and most other modules available. I prepared myself for court. I did all the right process including the notices to get a private agreement by estoppel. I did the counterclaim etc. I sent in the Affidavit that said I was a living woman etc. I sent in the Notice to Appear etc. As I said, I did all the right process. Part of the process of the counterclaim is to choose to request either a Summary Judgement or something else. If you request that, you have to choose a court date and time. So then I had to appear in court with my husband. I don’t know what would have happened if we didn’t appear for an administration case….whether they would issue a warrant? Anyways, I would like to share my experience to help anyone else. It was at Brisbane Magistrate’s Court. The other party/plaintiff, was the debt collecting firm for the Council. We had paid rates via BOE money order. As soon as our case # was called out, whilst I was still walking up to the bench, the lawyer was already giving his speel to the magistrate. I missed out on hearing it all, but caught the tail end of it, where the magistrate was giving eye contact/signal and nodding and already on the lawyer’s side. The magistrate was nodding like he could relate to what the lawyer was saying, making us look ridiculous. It was my turn and I was asked if I was the name on the case file. I tried to go quickly, like Mark said, but the magistrate saw red. He lost it, was immediately angry and pretty much stopped me in my tracks and threatened me that if I wasn’t the person that I was not allowed to be there to speak at all. I was given a second opportunity to say if I was the person on the claim. I again followed the script “I am here about that matter, I am the Beneficial Estate Title Holder…” He cut me off and yelled at me, I will not have that gobbly XXXX You stop that!!! etc… I was hoping to be able to have a fair case where I could ask questions and I had all the evidence but he protected the lawyer and had already decided against me. He also signalled by his eyes and actions to the lawyer that he would look after him. I kept going, I reserve all my rights and waive all the benefits & privileges, I do not consent to these proceedings, I do not consent to do business with that man, I do not consent to …. He absolutely lost it. I said, with respect, Your honour, I sent you a document to say I am the “authorized representative” that was coming in today. He just cut me off. Wouldn’t allow me to speak. Wouldn’t look at any of my documents, didn’t care about any private agreement I had, didn’t care to know about any breach of contract by the other party. I requested the clerk to put down for the record that I was holding a “Fee Simple” title which is a contract between Queen Elizabeth and me. He turned to the clerk and said “you will not write that…strike that out” So I turned to the people in the room and showed it and said I show this to all the people in this room as my witnessess that I have a Title in Fee Simple and I have a contract with the Queen Elizabeth 2 and only she can break it. When he calmed down a bit, and asked me questions as to what I was relying on, I tried to give evidence. I was not allowed to present any evidence. He only wanted to know what in my affidavit. So I said I had a settled private agreement. He said, no we’re not going there. I requested that he be fair and honest…but I could see that he was going to make sure I lost. So knowing I had already lost, I used it to say my speel. “This applicant has and ABN number and is a Corporation and is subject to the Corporations Act 2000, which requires it to have a wet – ink signature contract, and it does not.” He did not care, ignored me and proceeded to make his arrangements with the lawyer, as if I wasn’t there, like he couldn’t see or hear me, ignored me. So whilst they did this, I said over them, the speel “You do as you like, I do not consent to these proceedings, I do not consent to doing business with this court, I do not consent to doing business with this man etc.” When he finished he said suggested by my demeaner and way I behaved whether I have had a mental assessment. I have heard of them using this line and even having people taken away on the spot based on this, but it was usually with people bringing up the differences with the all caps name etc. I just looked directly at him and replied “I reject that presumption”…at which he ended the proceeding and made arrangements to talk to the lawyer in private to make his order. I am not sure what to do next. I have seen corruption and evil.
-
Yes, I purchased the module but there is no video that goes with it to explain the document.
-
Would you know where I would learn about the Default & Liability clause that Mark does. I don’t think there’s a video that goes with the module about it.
-
That’s okay. I remember Mark saying those words in the module.
There is one thing I still need to know though. On the form that I downloaded for Application for Summary Judgement, in the footnotes, it says:
[1] For proceedings commenced by Originating Application for “Plaintiff” substitute “Applicant”.
[2] For proceedings commenced by Originating Application for “Defendant” substitute “Respondent”.
It that saying for me to change the word plaintiff to Applicant because the filed the first originating claim? Or something else?
-
Do I have to also give a copy of Notice of Appearance, and the Application for Summary Judgement to the plaintiff(council’s solicitor) after filing it with the court?
-
Thanks for letting me know.
-
If filing a Affidavit with our Defence to a claim made by Council through the courts, do we only file one copy with the courts and one copy for ourselves, or does a copy also have to be sent to the Plaintiff(Council’s solicitor) as well?
-
Was yours a rough surface on both sides or just one side? If only rough on one side, do you print on the side with the linen pattern surface or the smooth side?
-
I have only been able to find 216gsm at Officeworks, as the next size in weight and it’s considered a “board”. Where did you find it?
-
Thank you
-
What colour are people doing the promissory notes on? White linen paper? I just thought the cream colour one would look more like a cheque.
-
Thank you.
-
Where do you find a “private” notary? and how are they different to a notary that google search brings up?
-
I watched Mark’s module on the BOE $1.05 process. I am unclear about the BOE section where you nominate a specific address and date and time for them to collect the payment. Are we saying that we will be there waiting with AU$1 or the AU$7 million? Because, what if they do turn up????????
-
I got some help from the person that filed my papers at the court. He said within 2 weeks file a Form 9 – Disputing Jurisdiction, Form 46 Affidavit, Form 59 Draft Order. Or if 2 weeks passes, and I didn’t do anything, then in the 3rd week, Lodge Form 17 Defence or Form 18 Defense & Counterclaim. Still check all this out because I was taking notes and trying to understand his help.
-
You are right. It has to be filed in person at the courthouse or via post….not email. There has to be 3 copies. They stamp & sign the 3. They keep 1, and give you back 2. You have to get the other one delivered to the Plaintiff’s “service address” according to what is stated on the Claim document. Which, in my case, the plaintiff was the Council, but the service address was to the solicitor’s address. I received a reply email back from the court 3 days later to say that I couldn’t email it. I rang and spoke to someone there, who told me that so long as I get it in before the Plaintiff contacts them to file for judgement. So, I got my 3 copies done and went to the courthouse asap & filed them. The person that served me said, even though it was after the 28 days, it was still ok because the Plaintiff didn’t contact them yet to apply for them to pass judgment. So, it’s best to get it done before the 28 days or risk the Plaintiff contacting them before you do. This delay in me filing the documents has allowed the 21 days to be up for the Equitable Estoppel to be invoked. So I was able to add to my Form 7 letter that there was an Equitable Estoppel and the Plaintiff admits that they do not have any valid legal claim, authority or jurisdiction and has waived any rights to pursue a claim, they are in breach of the Equitable Estoppel and agree to be liable for 4 times the amount of their claim which is $7425.40, as well as all further costs incurred.
-
I only put it in the reason area in the appropriate section of the Form 7 (in the body of the letter). Since it was their Form, I tried to keep it looking the way they are expecting it to look. I put it at the top of my email to the court, that had the Form 7 as an attachment. Mark has a module on the UCC, but I didn’t have access to this website at the time, so I followed instructions from another group . It might not have been done as well as Bibi B would have taught, but I was desperate and it got done.
-
My 21 days Equitable Estopple ends 4 days after the Notice of Intention to Defend is due in to the court in response to the Council’s claim. Just to hold the court off from making judgement in the Council’s favour because of no reply from me, I have decided to file Form 7 Conditional Notice of Intention to Defend, as a response. I have not attached anything else to it. The Form 7 is for disputing jurisdiction. (I wasn’t able to log in to Mark’s website for the last 5 days due to web technical issues, so I couldn’t prepare a response using Mark’s help). So I spent all the time, learning and filing my UCC Financing Statement. I have become the secured party for my strawman, which is who they are filing a claim against. I now have that UCC document ready for court. I have followed a suggestion from Anna Von R to write in red ink “No UCC Contract Trust and no Territorial Office”. I have put that as the reason in my Form 7 in the appropriate area. I sent this via email to the courts because I couldn’t get there in time before close of business hours. I have an auto-email receipt back from the court that they will put it to the correct area. I also put that UCC quote from Anna in red as the first thing they read in my email, in bold, red, large font. The suggestion from Anna V R is for this to be written across the top of any court document you receive “Returned Service: No UCC Contract Trust and no Territorial Office”. And I also signed off the letter the way Bibi B taught, to be the authorized representative of the legal fiction. But I did forget that Anna V R said that that signing off bit was supposed to be in red colour. I didn’t follow everything from Anna V R to the tee as I was rushing. Equitable Estopple will be locked in place in 2 days time.