Understanding PRESENTMENTS-Council letters/demands/PCNs/etc

[wffolkes]

Hey Judge

Since I sent the letter to baliffs explaning the fee shedhule they have since sent another "hand delivered" letter.

I know this is bullshit as I stated earlier with our council tax they continue to send letters yet no one has ever turned up. The only difference with this is the letters are going to my parents address so they were a little worried.

The next step is to send them a copy of the original letter explainig the fees and an invoice. Is that the bill of costs form you posted previously?

[judgedredd]

Hi Wffolkes,

Yep. After you sent them a fee schedule and warning them of what they are dong, or something like that, they have now agreed to contract with you. So fill out the form with the items from the fee schedule and the form will tot it up (if you use Excell or the OpenOffice equivalent). Make sure that the one line under the table where the items are totted up is there in red. Then put this bill of costs in the envelope that the letter came in, put the original letter in there too and send everything back NCRTS, as long as there is a return address on the envelope. Make sure that you either put an address label over the address window or black out your address and put the NCRTS verbiage in a prominent position on the envelope.

Just to give an update on my situation .... Marstons eventually sent a demand letter (after admitting they had dropped the ball on this matter since October 2011) for payment without any court authority so a brand new invoice was drawn up and placed in the envelope with the original letter having the red writing printed across it (by the way, that document may be unusable so let me know if you have trouble with it) and placed back in the envelope with everything being sent back NCRTS.

I do wonder, though, why they are sending stuff to your parents house.

[judgedredd]

By the way,

on page 4 of this post the REFUSALforCAUSE.pdf document does work as I have just tested it (the one on my pc is corrupted and thought this one would be too).

[judgedredd]

Later today I will post a zip file with all the relevant documents that can be edited with an explanation of when to use them, how to use them and why. This way all the information will be in one folder instead of being spread around.

[freemenorthants]

this is so useful, and very helpful , well doen for your efforts on this post, which i will try to use with so called officals i dealing with, doe this apply to contracts with ie bt/ sky etc ?

[judgedredd]

If you are being hassled by them then it could be.

But please bear in mind that this is mostly designed and geared for 'illegal' contracts like parking tickets, debt collectors (who have already bought your debt, it seems), etc, where there is no contract that exists between you and the other party.

In the case of BT, Sky, and any other service you are getting, you have signed a contract (even though it may be void under contract law because only you signed it - but that's another matter) and agreed to receive the service for some form of monetary compensation to the company. So if I were in your shoes, I would not use these documents to get out of paying for these items. I would just stop using the service, pay off the backlog, and then start the services up again. This is not meant to be used to get out of paying something that you have agreed to, but to prevent the criminal mafia that calls itself government to get money out of you fraudulently.

I don't know your situation, so I hope that I haven't barked up the wrong tree. No offence is meant. I just don't want people using this process in the wrong way.

[judgedredd]

Here is the 'Kit' with explanation as promised. Let me know if any of you have a problem understanding how to implement this stuff.

It also has stuff for debt collectors (just the same docs slightly altered).

[skweeker]

Thank you.

[judgedredd]

A quick word about the terminology at the top of most of these documents ...

The terminology I am talking about is this:

CONSTRUCTIVE NOTICE AND REQUIREMENT TO PERFORM

As your situation progresses you may have need to amend information in these notices and 'update' them. That is why the word CONSTRUCTIVE is used. It allows you that leeway, whereas without this one word you are locked in to what you wrote originally and when things do change you will be hard pressed to change anything that you have already done.

How many of you have seen the notices that have been posted up to be used here and elsewhere? I have seen many. Start using this form of wording at the top of your notices.

The next bit is REQUIREMENT TO PERFORM

This is placed there because these individuals are there to serve US. We do not ask nicely for them to do something, or say please, or REQUEST them to do something (which is NOT the same as a REQUIREMENT). You want them to do something. There is no ifs or buts about it. A request can be turned down. A requirement cannot be. It must be fulfilled.

How many of you have read on 'official' documents the word 'request'. I don't remember that word coming up much. I remember the word, required, being used as in 'you are required to fill out this form'. Yes, I know, you are usually not 'required' as they have no authority over you without your consent. So here is another example of their deception over you.

YOU on the other hand have every right to require them to perform what you want of them. After all they supposedly work for you don't they? (Yeah, they don't really.)

In your correspondence with these corporate shills you will have your words, letters, intentions, etc twisted. I sent a letter to the DVLA and used the word REQUIRED or REQUIRE a few times never the word request.

They sent an interesting letter back and at the end of it they said 'sorry we can't fulfill your request'. So watch out for this type of sneakiness. When they do this sort of thing you can very legitimately cancel any 'contract' you have with them or any other 'official' entity quite easily because they are telling you that they don't have a remedy for you.

Any of you heard the maxim of law that goes something like this (not verbatim):

ALL LAW MUST CONTAIN A REMEDY WITHIN IT FOR IT TO BE VALID

So when they prove to you that they have no remedy, by saying sorry we can't do what you require, then their laws/rules/statutes, etc, dealing with whatever situation you are handling is void from the beginning (ab initio).
(This is the sort of stuff I learnt from Jerry. Any of you can call him up whenever you want. You will find his phone number at the top of his page here (USA) or I can hook you in on a three - way call with no cost to me and Jerry does not charge a dime for his time:

http://matrixfiles.com/JerryKirk/
)

When dealing with these criminals scrupulously look over the words they are using because they will give the game away by what they are writing. The only reason they have got away with it so far is that they use words in very, very specific ways without us having a clue. Once you spot this stuff you can see it a mile off.

[judgedredd]

Just an update on the second bailiff that decided to try and collect on a PCN that has never been paid (and was illegally issued).

A warning package went out to them last October (2011) after their first demand letter.

In January they wrote another demand letter after admitting that they had 'dropped the ball'. So off went a brand new invoice for £410,000 (following through on what the fee schedule had said).

A few weeks later a letter acknowledging the invoice was sent to us basically stating that their hands were tied as their 'client' (the term they used) had not instructed them otherwise.

By this time a month had gone by so the first statement went out to them with a letter explaining things just a little bit more. The letter stated that they would be getting 3 statements in total to perfect our claim against them (didn't have to say this but it doesn't hurt either I think).

This is probably not going anywhere, but who knows with these buggers?

Also, Newlyns (the first bailiffs) had sent us a note (it looked like another demand letter which was weird) to say that they had received our letter to them (our statement for an overdue amount of £410,000) and that they were no longer on the case so there was no need to send any statements.

Which made me realize that I had erred in putting the little line about if there was any dispute with the bill to respond within 30 days etc in the actual statement .... by them responding they have prevented me from collecting on the original invoice because they did respond within the 30 day period that was written on the statement even though it wasn't 30 days from the invoice date. They like us making mistakes or trying to be honorable ....

So in the statement template within the legal kit take this red line out. This way it is only, rightly, applicable to the invoice. After that if they fail to respond then you have them. All you have to then do is send them the three statements 1 month apart and then you have a claim against them to collect on.