Returned AFV - First time this has happened

Returned AFV - First time this has happened

Postby nameless » Sat Apr 17, 2010 6:21 pm

I have just received a statement and torn off authorised remittance/cheque back from a utility company. As they have returned it, I am assuming that it hasn't been accepted. Therefore, it has been dishonoured.

The Bills of Exchange Act 1882 states,

43
(1) A bill is dishonoured by non-acceptance—
(a)when it is duly presented for acceptance, and such an acceptance as is prescribed by this Act is refused or cannot be obtained.

43 (2)
Subject to the provisions of this Act when a bill is dishonoured by non-acceptance, an immediate right of recourse against the drawer and indorsers accrues to the holder, and no presentment for payment is necessary.


I intend to Notice the utility company to this effect.
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Re: Returned AFV - First time this has happened

Postby Veronica » Sat Apr 17, 2010 6:31 pm

Yes ... although the Bills of Exchange Act is (or course) Statutory bollox, it IS one of the few Acts that actually makes some kind of sense.

If something is paid off ... it's paid off.

If payment is offered ... and refused ... then it must be because the payment wasn't required in the first place.

A4V Is a Promissory Note, and 'payment' is only possible via a Promissory Notes of some kind, because there is nothing else to pay anything off with. Because the entire deception of "money" is based on "thin air".

Bank of England banknotes and Royal Minted coins are fraudulent ... being INVALID Promissory Notes/Tokens ... which is why they won't accept them in payment of Council Tax (for example), see here: http://fmotl.com/CouncilTax.htm.

If any organisation does accept them (e.g. The Central Court Funds Office), then presumably these Tokens are quietly thrown away ... since they are useless, meaningless, and worthless (but 'they' don't want to give the game away)
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Re: Returned AFV - First time this has happened

Postby sindakit » Mon Apr 19, 2010 8:37 pm

I think you probably have a good leaverage against them with this.
I never had my electric bill remittance slip returned to me so I told them I assumed they had cashed it if they are unable to return it. They told me they didn't keep a hold of original documents sent in so they could not therefore return it. Again I said fair enough case closed then based on the BoE sections in the OP, they said they didn't accept my proposal.

Proposal!? lmao :clap: I'm now dealing with the third person in the company. Never had more than one letter from any of them.
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Re: Returned AFV - First time this has happened

Postby AzziDePazzi » Tue Apr 20, 2010 5:23 pm

Have you started on this yet?

If you've based this on BoE 1882, then you could try the FIRST SCHEDULE, which suggests how you do a Protest without the use of a notary. I heard success is a mixed bag, but it's cheap. :)

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Re: Returned AFV - First time this has happened

Postby BaldBeardyDude » Tue Apr 20, 2010 5:51 pm

"Payment tendered is payment made", or so the saying goes :wink:
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Re: Returned AFV - First time this has happened

Postby MikeThomas » Tue Apr 20, 2010 5:55 pm

You guys are gonna have to talk me through this!!! :puzz: :puzz: :puzz:
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Re: Returned AFV - First time this has happened

Postby holy vehm » Tue Apr 20, 2010 6:03 pm

BaldBeardyDude wrote:"Payment tendered is payment made", or so the saying goes :wink:


Hi pete, would the same apply if you tried to pay council tax in cash at the council offices. Apparently they dont do cash payments but rather electronic payments.
Would the argument therefore be payment was duly presented and refused.
I know the council expect us to direct debit or use the post office but i dont owe either of them i owe the council, they are the ones who have presented me with a bill for payment.

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