The Tender For Law

Volume 4

Nov 02, 2013 4:42 AM

Cara Small

We received a "Property tax assessment notice" then an "Overdue Notice". We are not ones who don't pay, however, we are also not comfortable signing any of "their" offers/notices nor do we want any presumptions made that we are holding any office for them on our property. We did not detach the top portion and keep it for our records. We did send it back registered mail, addressed to the finance minister personally, with "We do not understand the nature and causes of these notices, however, we wish to settle the account with the enclosed cheque" and "this is a matter of public record #bla bla bla". Had three witnesses sign. We signed the top portion with all rights reserved as the equitable title holders. The cheque sent had the amount that just so happened to be the home owner grant amount. The cheque also stated on the "memo" line "to settle account #bla bla bla". We did not receive anything back , however, the cheque was cashed. Any corrections Scott? Would you suggest following up? I would think they have accepted our offer and understand us, as that is what we told him to do.

Read Comments

Cara Small

So now we have received 2 statements. One states previous balance and payment received. The other states a previous balance and "my" home owner grant has been denied because it was not signed. I am thinking I need to send back these statements corrected as I have documentation that directs them to settle the account, not apply payment to it. They accepted our offer and cashed the cheque. And yes I wish the account to be settled Pete, otherwise I would have not said so. No I don't understand the nature and cause, however, I know that, should the account remain unsettled, we will have a problem. I am not looking to cause a problem. My intention is to not contract. Scott, is the "homeowner grant" funded by others? Nothing they "give" me was theirs in the first place, so where does this "grant" come from? Then I have an unsigned letter from some one named "Compliance Analyst". (ANALyst hehe) In this letter is the statement "The value of the grant is considered an outstanding tax and is subject to penalty if not claimed by the due date. Unfortunately the penalty is legislated and can not be waived." It is addressed to homeowner's. I understand this is referring to the persons. I don't understand how one is to settle this without accepting that WE are the liable party. Is it simply that I need to study the BoE more and learn how to discharge the person's debt? So sorry for being so confused about commerce.

Pete Daoust

I would make photo copies of EVERYTHING, recto verso, and send these photo copies to them, with a very simple short and sweet letter.

Hi,

I am the SOLE authorized administrator for the person named CARA.....

I wish to administrate these DEBTS correctly, so I am ASKING "YOU", to reveal and/or disclose, ALL methods available to me, as the Sole Administrator, to discharge these and/or that debt.

You have 30 days (or what ever you choose) to answer me

Thanks

BY:_________________________________ Sole authorized Administrator for CARA........26X-XXX-XXX ( or the BC inscription number)

Derek Moran

Interesting thought, Cara.....have you ever actually SEEN 'the law' that says you have to 'pay' property-taxes?...if they feel that strongly about it, then im sure they'd be MORE than willing to be transparent with you and provide it for'ya- right?

Signed, NOTICE FOR FULL-DISCLOSURE ;)

Pete Daoust

You don't have to PAY property taxes, or scholar taxes or income taxes..... these bills are sent to the person you happen to have in your pocket, not you, stop taking this on you, it has nothing to do with you....

Derek Moran

There's a reason why this is at the very BOTTOM of the Act...but, im sure they KNOW that ;)

Collection of debt by set-off

Definitions

43. (1) In this section,

�Crown� includes any agency of the Crown; (�Couronne�)

�overpayment� means a payment of money to which the recipient is not entitled at the time of the payment or to which the recipient ceases to be entitled at any time after the payment. (�paiement en trop�) R.S.O. 1990, c. F.12, s. 43 (1); 2006, c. 33, Sched. J, s. 4 (1).

Set-off

(2) If, in the opinion of the Minister of Finance, a person is indebted to the Crown or the Crown in right of Canada in any specific sum of money or has received an overpayment of a specified sum from the Crown, the Minister of Finance may,

(a) retain by way of deduction or set-off, out of any money that is due and payable by the Crown in right of Ontario to such person, such sum as the Minister of Finance sees fit in the circumstances; and

(b) pay such sum to such public officer as the Minister of Finance thinks appropriate to receive it.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90f12_e.htm#BK98

Pete Daoust

I try to make sure what I write is true.....if I am not sure, I start with: "you give me all the good reasons to believe that blabla.....I don't accuse no one.....sharp, precise, to the point and no emotional bullshit :-D

Cara Small

I think sharing a little side story here may be appropriate; One day I was shovelling shit, because I actually like to, and as I was transporting a wheelbarrow full of it out of the pasture the dogs started barking up the driveway. A few seconds later a car pulled up that I did not recognize. We have bails of old hay blocking part of the driveway for target practice, so the vehicle stopped there and I approached as the stranger exited his vehicle. With clipboard in hand he began by introducing himself, "I am so and so with property assessment BC and.." To which I interrupted, "Oh, No thank you. Good bye." He tried to say something else along the lines "So I can assume nothing has changed..." "You may assume nothing. Now good bye." He started on about how everyone has to pay property tax to which I responded, "No thank you. Good bye." He then grabbed his camera and took a photo (I say took because I would have never given him one) while kind of asking for my permission in a round about way. I said, "You are going to have to pay for any photos." He then jumped into his car and backed the 1/4 km out of the driveway. He then informed the neighbor that, "They're kind of scary down that driveway." He was easily one and a half my size. Maybe it was the bails of hay that scared him.