Resurrected AFV

Resurrected AFV

Postby nameless » Tue Jan 26, 2010 8:28 pm

Latter part of last year we were being harassed by two utilities companies with bailiffs and police from one and a threat of a prepay meter from the other, so we gave in and paid. This time, with more knowledge and confidence, we would like to take this through to a lien process.

The thing is we would like to resurrect the payment to the electricity co and file a Commercial Injury Claim on them due to the fact that they dishonoured multiple AFVs and harassed and intimidated us for the money.

We would appreciate some suggestions on what notice we should use in order to open up the proceedings. As it is dishonoured AFVs we are dealing with, would it be just a straight forward Notice of Dishonour or charge them with demanding money with menaces and give them an opportunity to cure?
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy."

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Re: Resurrected AFV

Postby Jim » Tue Jan 26, 2010 8:49 pm

When you say you "would like to resurrect the payment to the electricity co and file a Commercial Injury Claim" do you mean you would like to try claiming back the fiats you have paid them as they were obtained using coercion or some such? If so I would guess you will have a hard time convincing anyone with the authority to order the leccy company to repay the money of the worthiness of your cause. Last year (October/November) I tried A4Ving a leccy bill and got a "What do you want us to do with this?" type response. I told the company that I was sorry that I wasn't familiar enough with their accounting procedures to know how they should go about using my valuable consideration to settle the account but, interestingly, they ignored my requests for information about what they had done with the signed bank giro credit slips and refused to return them to me when I asked! Things went a bit quiet for a few weeks until I got a slightly threatening letter about 2 weeks ago that talked about them seeking a court order to authorise the installation of a pre-payment meter. I'm currently drafting a Notice of Conditional Agreement in which I will ask them to prove that I am a legal fiction PERSON, bound by statutory regulations and that Acceptance for Value is not a legitimate means of settling accounts and discharging debt.

Hope this helps and gives you some food for thought.

Peace

J
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Re: Resurrected AFV

Postby nameless » Wed Mar 31, 2010 2:54 pm

Hello Jim

Yes, this did give me food for thought, and now I appear to be in the same position as you were then. I have served a notarised Notice of Retender of Payment to the leccy company listing all the AFV presentments, and their values, which were sent to them. I required their return to the notary as I had paid all the outstanding bills with money of exchange. Their time is now up, and nothing has been received by my notary.

I will now serve them with an invoice for all expenses and the return of my money of exchange payments via a Notice of Commercial Injury. I would be interested to know if anyone has served a Notice of Commercial Injury based upon the return of money of exchange.

Could you give an up date on your progress?
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy."

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Re: Resurrected AFV

Postby Jim » Wed Mar 31, 2010 5:36 pm

Hi, nameless. OK, so before I got around to responding to E.on's letter I got a voicemail from them asking me to call them to discuss my account so I sent them a copy of the ICHOR Trust covenant and asked them for evidence of the authority upon which they rely in order to have an honest belief that I must call them at my own expense. A couple of days later I got a letter saying "We're sorry you're unhappy we asked you to call us. Perhaps you'd like to write to us instead" so I wrote to them and said I was glad they were in receipt of the ICHOR Trust covenant (my terms and conditions of business) and that they were now aware that my minimum fee for doing or suffering anything at my own expense that I am not legally obliged to do or suffer at my own expense (such as writing to them) is £900 thousand million million. I then offered them a choice of two remedies to effect the settling of the outstanding balance on the account: 1) Take it out of my fee, or 2) Use the "Accepted for Value" payment slip included with my letter (so that's 3 A4V'd payment slips they've had so far). A few days later I got a somewhat snippy letter from a Team Manager in their Customer Services department that simply said "I refute any claim made by you. You still owe us 160 fiats." which I ignored. I also got a letter from a DCA so I wrote to them and offered them conditional agreement. I said I'll pay them anything they like upon sight of evidence that they are either a party to a contract with MR JAMES SMORGASBORD, a duly appointed agent for a party to a contract with MR JAMES SMORGASBORD or the holder in due course of a debt to which MR JAMES SMORGASBORD is obligated. That was about 6 weeks ago and I haven't heard anything from either of them apart from a letter from E.on asking me to return the enclosed customer satisfaction survey in the enclosed pre-paid (natch) envelope. The whole lot went straight in the bin.

:peace:

J
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