Stuart Stone
Jul 04, 2013 2:30 AMGail Blackman, this one goes through the mechanics of the process: http://www.youtube.com/watch?v=qJBblYulqFc
You will need to go through your own Bills of Exchange Act to find the equivalent sections, the video explains the process of where to send it etc for New Zealand & from that, you should be able to work out the equivalent department where you are.
I have today done this process with a credit card bill, to test the process & iron out any bugs...will post results when it's all done & dusted....any critique is welcome
The accompanying instructions I sent with it follow: (The sections are from the Australian Bills of Exchange Act, so the numbers will probably be different for different Acts):
Instructions for Account: (NAME AND NUMBER)
Dear Sir/Madam,
I am writing to provide some clarification and or instruction, if required, with regard to the manner in which I have dealt with your credit card statement ending 26 June 2013.
You have requested �payment� be made on the abovementioned account, which according to the Constitution, payment of debts can only be made in gold or silver coin. As gold and silver coin are no longer in circulation as a form of legal tender, I cannot be compelled to perform an impossibility.
Consequently, I can only offset and or discharge a debt obligation and I am using the Bills of Exchange Act 1909 to provide remedy and instructions for same.
In accordance with the Bills of Exchange Act 1909, I am accepting your statement in the capacity of accommodation party and instruct you to forward it to the Secretary of the NSW Treasury for discharge and or setoff to return the account balance to 0.00.
The relevant sections of the Bills of Exchange Act 1909 include, but are not limited to Sections 8, 26, 27, 33, 44, 64, 69, 70, 97.
To demonstrate that I am acting in good faith, I have added valuable consideration in the form of one Australian dollar and instruct you to forward the enclosed statement and cheque to the following address for setoff and or discharge:
The Secretary NSW Treasury Mr Philip Gaetjens
Level 27 Governor Macquarie Tower
1 Farrer Place
Sydney NSW
2000
If there is any lawful reason that this matter cannot be dealt with in this manner, please provide specific details of any defects and instructions to remedy same. Otherwise, Non Acceptance will be interpreted as in Sections 47 and 48 of the Bills of Exchange Act 1909.
Stuart Stone
Authorised Representative for ACCOUNT NAME
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Last Updated: Jul 04, 2013 2:30 AM
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