[sseeto]

Thank you for sharing. Please update us on your summons, and share how you handle it as well.

[sseeto]

How did you go with this?

[sseeto]

Hopefully these 3 photos show up.

[sseeto]

the website is not letting me upload the photos

[sseeto]

The Council’s Debt Collector Company have put a “Claim” in, on behalf of the Council, to the courts for judgment for the debt that they say is unpaid rates. (The Council rejected the hand written Money Order I sent as per Mark’s module. They said “these handwritten markings are not legal tender and the purported money order is not a bill of exchange”). It looks like at this stage it’s not a court summons. The court will pass judgement in less than 3 weeks. The documents says I can put in a Notice of Intention to Defend in “Form 6 to the Uniform Civil Procedure Rules” ….whatever that means..?

I’m not sure if the Debt Collecting firm has taken on the debt(like normal debt collecting firms)….they are making the paperwork look like they are just acting on behalf of the Council. Their claim to court is saying we did not pay the Council rates….”overdue”/”unpaid”.

Also need help on:

In Module 6 – Deliver Payment by Way of Money Order – A4V – To Discharge a Debt, there is a document “Instructions for Money Order Process to Discharge Debt”. In point #3. “Within 3 days of receiving a presentment from any 3rd party Debt Collector….”, it says to deliver to them “a, b, c” (letters) but I have not found these documents in the module at all.

[sseeto]

The country I was born in, wasn’t good at keeping records. I have filled out an application and paid the fee for them to get a copy of it. They have taken the money and not responded to any of my emails….also there is no phone number to contact their BDM records office.

[sseeto]

First, what is OPCA stand for? I don’t have an answer to your question but would like to know the answer too. Mine is a land rates notice from Council. I am doing the Acceptance 4 Value, Money Order process which they rejected & sent back to me. The Council has asked Debt Collectors to take the case and to take legal action if I don’t pay. The debt collectors have not responded to my first notice. They just went ahead and put a claim in through the courts. I don’t know what I do next. So am interested and following what answers you get…even though yours is to attend court and mine is to respond via the courts to their claim. I don’t know if there is a module for this?

[sseeto]

Here’s another one (from Mark’s module)

https://www.ipaustralia.gov.au/

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[sseeto]

Yes. The Magistrates Court of Qld has served us the copy of a registered claim with them from the Council, that was filed by the Debt Recovery Company’s solicitor. He is listed on the papers as filing on behalf of the Council. I have done my 3rd notice – Final Notice & Notice of Default Judgement to the Council listing Mark’s approx 30 questions & my 7 questions(regarding them not providing evidence of why the Money Order was not accepted payment for rates) and I have decided to give them 21 days to answer the questions which ends up being after the due date for me to respond to the filed court claim. When is the Equitable Estoppel in place? Was it locked in as soon as they received the 3rd Notice from me or after 21 days is up? I need to work out what I need to do to respond to the claim before it is due. I thought that “Form 6 to the Uniform Civil Procedure Rules” that the court suggested, was a form that they had available to be filled in! I only have a couple of days left to study and file something to the court which is 3 hours drive away, and the Plaintiff which is an hour away in the other direction. The court paper says they should be done on the same day or close to it, and directly to the address of business. I think they mean I have to deliver/serve, not post?

[sseeto]

The system says you can put 3 photos up. When you put the photos up, you need to wait until they finish loading, before clicking to post. You will notice a circle in the middle of the photos while they are uploading. When they finish uploading the circle will no longer be on any of them. Then you can click on the button to post your comment with the 3 photos.

[sseeto]

I’m currently going through the same and don’t know what I’m supposed to do before the due date, when the court will pass judgement, so please update. Thank you.

[sseeto]

Thanks for this

[sseeto]

What have we got to stand on that says that court can’t start until this 3 notice process is over?

[sseeto]

Is there anything we can use which is rules or laws of equity & commerce that supports that they need to follow the 3 notices process once it has started, and not be allowed to put a claim in mid-way.

[sseeto]

The tricky part is them using a 3rd party. And the 3rd party Interloper not following the process of replying to the 1st notice, instead immediately filing a claim on behalf of the Council with quoting authority based on Constitution of Qld 2001, local gov acts etc. It would be good if Mark could look at these claim docs which the solicitor who works for the 3rd party company, will be using on everyone that the council sends their way. Because they are supposed to be a 3rd party Interloper, but the claim they put in is to help them with authority & jurisdiction. The claim they put in is like they are not a 3rd party, but as a solicitor for Council.

• This reply was modified 2 years ago by  sseeto.

[sseeto]

Mine is also to the same person in SBRC. She’s the one now stating in her reply to me that council only accepts certain types of payments….and her list doesn’t include money order by mail. She said it is on my rates notice that the only types accepted for rates are what she lists. I have taken a photo of the SBRC website which shows that they accept money order by mail, and told her I have taken copies that will be used as evidence including her letter.

[sseeto]

I hope I haven’t done the wrong thing. I continued the 3 notice process. I sent the Debt Collector the 2nd notice for 3rd Party Interloper, which had the “What you Need to Do:” and listed that they withdraw their claim. Told them that I don’t have time to waste on 3rd party Interlopers. Told them I have a fee schedule should they proceed, it will be at their cost. Listed the name of the living man that I received the 1st presentment from, and the name of the living man (solicitor) that is on the claim notice….I have put these 2 names in my Default notice and it has their names with the indemnity details to fill in, and my fee schedule attached.

I sent my 3rd notice (Final notice) to the Council using Mark’s full on 30 odd questions. Concerned about disturbing a hornet’s nest. Council’s letter to me seems to be showing they are resorting to lying. It says “the only payment they accept is”…. and it lists every payment except money order, and they say it says this on my rates notice. I have addressed this in my reply to them and let them know that I have taken copies that show that they accept money order by mail, and will use their letter as evidence in court and I also put in the What you Need to Do, section, that they withdraw the claim through the court.

• This reply was modified 2 years ago by  sseeto.

[sseeto]

The problem is, the court documents that were served on me to let me know of the claim they filed through the courts, says they are asking the courts to make judgement in their favour. If I intend to defend, they instruct me that I have to let them know with a notice directly to their address, and the court instructions are that I have to get a particular form and fill it out and file if I want to defend it. If they don’t get a response from me, the court will make judgement.

[sseeto]

I have seen a photo here that someone shared, of a label stuck over the window faced envelope to return it back to the same debt collector that I’m dealing with. Thanks for that info you shared. It helps to know I am not the only one experiencing this at the moment. I sent my notices to the council and the debt collector, keeping them as separate corporation’s presentments….although the 3rd party interloper is trying to use all the statute laws for council to claim rates to collect payment. They put that on the paperwork to the court, that their claim is based on the fact that I am a “natural person” capable of being sued.

[sseeto]

I used the 3 notices in the A4V Money Order process, not the Notices in the “Successfully Dealing with Councils”, as it was my first time and those ones in that module were pretty bold, and I didn’t feel that I could do this. I wish Mark could sock it to Council for me! Now that the 3rd Party solicitor’s claim through court has quoted all these Acts to defend Council’s jurisdiction and definitions of words to show that we will be responsible for all costs, it’s got me thinking, should I put some or all of the 31 questions from Mark’s Council Notices to the Debt Collector in my 2nd Notice to them, and/or in my notice to Defend that has to go to them before the 28 days are up, or in my 3rd Notice to Council….which originally was just a milder letter following the A4V Money Order Notice?

[sseeto]

The Cover notice is titled “Magistrates Court of Queensland”. There is a registry number, and a stamp “Magistrates Courts Brisbane”. The stamp is a basic circle with the words around and a crown in the middle. It is a black inked stamp. The cover notice is just proof that the Debt Recovery firm has put a claim in. The rest of the documents are from the solicitor served on my/our strawman names on behalf of Plaintiff: the council. No Clerk details. Where it says “signed:”, it is typed “Signature not required for electronically lodged documents”. They quote a lot of Acts to support Council’s jurisdiction etc. I will put copies here so that it can help others to be prepared. There are 4 photos but the system won’t let me upload them all.

I think I read a comment from Morag somewhere, but can’t remember where, that they can’t start with the courts if I already started my 3 step notices with them? Is there a reference to anything official/legal that I can quote. I’m trying to finish my 3 step notice process with them, but the 3rd party solicitor’s letter filed with the court says I need to give them notice of intention to Defend within 28 days of the personally served notice, which was delivered on 27th May, 2023. So it needs to be received by them by 24th June.

I don’t think I can adjourn because it’s not a summons to appear in court. It’s a filed claim.

[sseeto]

The debt collecting firm seems to be the same one that other Councils are using. I sent them the 1st Notice. They did not reply to me. They immediately filed a claim for payment at the court.

[sseeto]

Yes, I have copies of the bank transfer to their account. They emailed me a couple of times, and then just stopped replying.

[sseeto]

I have a BC but it’s not the live birth one.