Bills of Exchange

[huntingross]

You can ask....can't promise I know the answers

[hwitan]

Thanks for responding so quick!

I’m sure you are familiar with the three letters proof of claim with fees schedule process. I have used the three letter process to good effect from Get Out of Debt Free. The trouble is the Fees Schedule and Bill/Invoice. No one is receiving payment!!!! Obviously we are doing something wrong and have missed something out.

1. Do we send a Bill or an Invoice?
2. If it’s a Bill, how should it look? – I have a temp if you want to check it
3. If, via the three letter process, the payee is in tacit contract by acquiescence, no dispute, rebuttal or contest to the fee schedule, does that form an acceptance to the Bill in place of signature?

[huntingross]

It's true the so called process that "we" emplooy is identical to the process "they" use, this can be evidenced in "their" justice websites where examples are given of how to resolve conflict prior to court proceedings.

The major difference is we choose not to use their system to enforce it, and they refuse to recognise our process.

All things being equal, and assuming the process is administered correctly and there is nothing wrong with what we serve and the way we serve it....we just don't have the machinery of coercion and enforcement....remember, its all about coercion and FORCE.

I used to think the threat of money would keep them in line, now I know its the threat of FORCE that makes their world go round.....fines are just away of funding it.

So relax about it all, if you got paid, I believe you'd be the first outside of their system.

[hwitan]

Thanks I agree with all you have said – yes the fiction and illusion can deprive you of liberty, taizar you o just plain kill you – nowt stranger than fiction eh!

This is where I am struggling to comprehend: the payee is in tacit contract by acquiescence, no dispute, rebuttal or contest to the fee schedule, does that form an acceptance to the Bill in place of signature?

Chilling

hwitan

[Free]

The thing with fee schedule's as I find is that unless we are prepared to proceed with demand for payment, generally speaking in the only recognizable way using the public court mechanism then all the bills we send will never have any power. If we do not proceed, our credibility is lost overnight. Having pushed the process myself over a recent matter with a plc company, two points are noted;

1. Courts will not award payments for letters or private time taken and charged prior to a hearing. It will only award the original claim value plus costs.

2. The best we can attain is an out of court settlement by mediation with or without the mediation service offered by the court.

For instance, lets say a claim has been made against the PERSON by a COMPANY and you rebutt that claim and send in a fee schedule for your time while acting for the PERSON. Your bills far exceed the bills sent by the COMPANY and whoever it is that has bound the COMPANY must now attend a COURT as a witness to prove the COMPANY's claim against the PERSON.

It's highly unlikely that the witness will wish to appear in a court. It will also cost the COMPANY far too much in costs to defend against your claim.

So, in the interests of cost and the likely exposure the COMPANY will get when it loses, it's much easier and more economical for the COMPANY to just bite the bullet and offer some kind of payout to keep us quiet.

It'll offer something, a whole lot less than you want, but something. You then have a choice to accept the offer and chalk it up as a win, or contest and try for more....at the risk of losing.

You'll get your costs back, plus a token payment as a 'goodwill gesture'...but as for getting paid for all the bills you sent them...forget it.

Free

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[allfullylawful]

Hi I hope I am not polluting the thread by adding this but I read or heard from some online source that estoppel by acquiescence is only 'allowed' in a limited set of circumstances and 'reason being the life of the law' or something like that then how can it be reasonable to invoice a police station for £2M for an unlawful detention? I just want the good people to not be getting hyped up and hurt. Lots of people have been unnecessarily hurt by some of the ideas and we won't win by flooding the prisons with our own people.