This has worked well for several people
I am not a lawyer/solicitor, I am not licenced to practice law or give legal advise. This is NOT legal advice. The information contained in this document is for the purposes of education and because I want to share it with people as the process worked for me and the people I was helping at the time. If you follow the instructions (verbatim) you may have success too.
The most important things to remember in this process is that you MUST stay in honour at all times and you must respond to the Debt Collector/Bank/Creditor within 72 hours by Registered Mail and keep your Tracking numbers and Receipts. This establishes a not only a paper trail but undeniable facts which are and become evidence that will prove your standing and destroy theirs.
Generally, the creditor will themselves call you to discuss the alleged debt (all debts are alleged). The rule of thumb is that you do not answer calls from “Private Number” or “Caller ID Withheld”
There are a number of reasons why you should not do this one is that you have the “Right to remain Silent or the Right of Silence” and you have also the right of “Non self-incrimination” whether you owe a debt or not.
The Creditors/Debt Collectors calls are ALWAYS recorded, if you are talk to them they may use manipulative techniques that will have you admitting a debt or alternatively i9f you are a bit switched you may demand they provide evidence that the debt is yours, which they will deny and then you loose your cool, This is NOT staying in Honour.
The upshot of this is Do NOT answer calls from “Private Number” or “Caller ID Withheld”.
This now forces escalation. This is usually when the Creditor will send a letter themselves or hire a Debt Collector. The first letter is never sent Registered Mail requiring a Signature but all of your responses will be from this moment forward. You now get someone preferably a CPO to act as your Enduring Power of Attorney in the matter if you can’t get a close friend or a family member who can be trusted. You can write the letter and just have them sign them.
The first letter is usually a Notice of Demand for Payment by a particular date with a threat of escalation/referral to a Debt Collector from the Creditor. This now give you the opportunity to establish your standing and to question the alleged debt.
Start a File for the Alleged Debt and for all Correspondence. Make sure you take copies (At least 4 Copies) of all incoming and outgoing correspondence and have them certified as “True Copies of Originals” after signing and prior to sending by Registered Mail. Keep Originals of all incoming Mail (Do NOT give these or attach these originals to your court filings…you may need them at a later point years after the case if it gets to that)
You now send “First Response” document (Contained in this file) by Registered Mail requiring a signature at delivery. This usually had the matter referred to a Debt Collection Service.
The letter you receive is usually from a Debt Collector and they generally won’t identify themselves, so now you send the “Dear Coward” and the “Debt Collectors Disclosure Statement” documents (Contained in this file) again by Registered Mail requiring a signature at delivery.
When they don’t provide the information requested and send you another letter you send “Acting Unlawfully” and “Debt Disclosure Statement” (Contained in this file) again by Registered Mail requiring a signature at delivery.
They will persist, they usually do. So you then send “Acting Unlawfully” and ” and the “Debt Collectors Disclosure Statement” documents (Contained in this file) again by Registered Mail requiring a signature at delivery.
They will not usually respond again but at this point they will now most likely go to court and when you receive the summons you now get someone preferably a CPO to act as your Enduring Power of Attorney in the matter if you can’t get a close friend or a family member who can be trusted.
VERY IMPORTANT if your friend or family member is not a CPO the passage in Red in the EPA Affidavit MUST be deleted. Alter to suit all in Blue.
DO NOT ALTER ANY PUNCTUATION IN THESE INSTRUMENTS IN ANY WAY IT IS LEGALLY AND LAWFULLY CORRECT AND HAS BEEN ACCEPTED AND SUCESSFUL IN THE PAST
Now you file the following:
- The EPA Affidavit (one from each Debtor)
- The EPAS Affidavit (One from each Debtor)
- Notice of Discovery and a CC to Debt Collector after getting Court Stamp (You will need 1 copy for the Court, 1 for each Debtor and 1 for each Creditor/ Debt Collector)
- Debtor/ Respondent Affidavit with attachments of all communications and Registered Mail Receipts Stamp (You will need 1 copy for the Court, 1 for each Debtor and 1 for each Creditor/ Debt Collector)
- Add the “Ecclesiastical Jurisdiction Definition Interpretation Dictionary (D-I-D) to each of the Affidavits (This stops them interpreting meanings of words used in the Affidavits to work against you)
- Attach Penhallows v Administrators ruling into each of the Affidavits of Debtor/s
- EPA at filing in the court asks registrar to make note and advise the court/tribunal that Respondent/s and EPA will not be attending on the court date .This can be done by way of a Note to the Judge/Administrator stating that Respondent/s nor EPA will be attending as all necessary evidence of the Respondents has been filed and include with the note another copy of Penhallows v Administrators.
- You now serve the Court Sealed Documents your EPA has filed by Registered Mail requiring a Signature from each Creditor/ Debt Collector at time of Delivery by the Post Office
- Your EPA then fills out Affidavit/s of Service and file the Affidavits of Service and lodges them with the Court in the prescribed time.
- Sit back and relax, if you wish you can go to the Court (I advise against it) and watch Proceedings but say nothing and do not tell anyone who you are or what you are there for.
The Debt Collector will either withdraw or the case will be dismissed.
Name and Name
10 Any Street
AnyTown Q 000
Notice to Agent is Notice to Servant and Notice to Servant is notice to Agent
Per your correspondence of xx Month, 20xx we respond only as a matter of courtesy, we do in fact maintain that you act unlawfully. We further note that you did not reply to our request within the specified equitable time and that you continue your unlawful claims with dirty hands.
You were sent a questionnaire under the provisions of the Trade Practices Act 1974 (Commonwealth) which you have failed to complete in a timely manner and under penalty of perjury.
The Currency Act 1965 (Commonwealth) clearly states that there is no legal money other than Gold and Silver coins consistent with the stated face value of such coinage.
We note you have threatened us, under section 128 of the Crimes Act 1914 (Commonwealth), an offence punishable by 3 years imprisonment.
Further, making demands for payment for an alleged debt as an outside third party to a contract to which you are not a party, is a clear act of fraud under Australian Corporate law.
We, at this time hereby and forthwith give you notice again to CEASE AND DESIST. If you ignore our NOTICES we reserve our rights to prosecute you in the Federal Court personally and hold you liable for offences including, but not limited to, harassment, soliciting, extortion, racketeering-piracy and a breach of the peace.
We therefore do not expect to hear or see anything from you again, should we do so it will be maintained or used in evidence.
We again require that you complete the enclosed form under penalty of perjury and return it to us forthwith within the equitable time of 72 hours.
Name :encl (Always sign on the right_
Senior Counsel of Common Law
per Name and Name
All rights reserved, None waived