The Tender For Law

Volume 6

Jun 26, 2014 12:11 PM

Lee Edgely

Scott Duncan, Gail Marie, and anyone else. On a previous post I was asking for help about the local property tax here in Ireland. The Revenue wanted me to register my details, so I would become surety for the house tax. I did not give JOINDER. This is the link to the previous post https://www.facebook.com/groups/tenderforlaw/permalink/618967074805895

It was not a BILL that they sent to the LEGAL NAME, not a NOTICE, it was a letter demanding money.

Scott Duncan's advice was that I give NOTICE that my time is billable for responding, should they not return an acceptable answer to my questions. I took Gail Marie�s advice and asked them for a Bill. I also took Eli Weakley�s advice and asked them for proof of their claim.

Firstly, I sent a letter to Michael Gladney the Collector General in the Local Property Tax (LPT), he never replied, I then sent an affirmation, he never replied, then a Notice of Fault, he never replied, I then defaulted him. The week after I defaulted him he sent the LEGAL NAME a Notice (three days ago) with an account Statement Balance of 0.00 for the LPT. It also states that the declaration for this period is outstanding.

It seems that he has taken it from Pay As You Earn (PAYE/Empe) to zero the account on the LPT. I was self employed until 2009 and I am a stay at home dad since 2009, there was no credits on their system for a tax refund. I rang the local county Revenue dept. in Louth and the woman on the phone said that a Homecarers allowance of �800 was added to the account recently and the LPT was deducted from that. She was unable to confirm how the Homecarers Allowance appeared on that PAYE account and then stated that she is unwilling to says any more about the situation.

Finally, the questions I would like an answer to if you can help: 1. Is that fraud on Michael Gladney�s part if he did create that Homecarers Allowance without my application for the Allowance? 2. Is it fraud on his behalf for deducting from the Homecarers Allowance in to the LPT? 3. If it is fraud, would I be liable if I did not report it to the Garda (Police)? 4. I informed the local Revenue dept. of this situation, is it up to them to sort out the internal mess if the Garda needs to be involved? 5. Is it none of my business as it is an internal matter and should I forget about it and go have some craic with another department?

Read Comments

Stuart Stone

http://www.irishstatutebook.ie/1882/en/act/pub/0061/print.html

Section 2. �Bill� means bill of exchange, and �note� means promissory note.

3. (1.) A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.

(2.) An instrument which does not comply with these conditions, or which orders any act to be done in addition to the payment of money, is not a bill of exchange.

(3.) An order to pay out of a particular fund is not unconditional within the meaning of this section; but an unqualified order to pay, coupled with (a) an indication of a particular fund out of which the drawee is to re-imburse himself or a particular account to be debited with the amount, or (b) a statement of the transaction which gives rise to the bill, is unconditional.

(4.) A bill is not invalid by reason�

(a.) That it is not dated;

(b.) That it does not specify the value given, or that any value has been given therefor;

(c.) That it does not specify the place where it is drawn or the place where it is payable.

Section 3(3)(b) tends to suggest that what you received is an incomplete bill of exchange that needs an administrator ;-)

Stuart Stone

The administrator acts for the person...as an accommodation party:

This video explains the relevant aspects of the New Zealand Act. Look for the equivalent sections in the Irish Equivalent...don't worry about the $1.05 aspects because you may wish to include a certified copy of the person's birth certificate as consideration.

https://www.youtube.com/watch?v=qJBblYulqFc

Study time ;-)

Pete Daoust

1. Is that fraud on Michael Gladney�s part if he did create that Homecarers Allowance without my application for the Allowance?

If he is aware that you are the SOLE authorized Administrator for the person, oh yes, it's fraud :D

Gerry Odonothing

Lee Edgely: A carers allowance is a specific payment. The department who issues it should be able to tell you what exactly it is for, paying the property charge won't be categorised I'll bet. Should a registered letter be sent to that department stating "I recall signing no contract with you to deduct any such payment?" and would that be putting them on notice now also?

Lee Edgely

Update: I asked and received today a PAYE Balancing Statement for the year 2013 and 2014. My Wife was due a tax refund and the Revenue have deducted the Local Property Tax from her tax refund. There was never a Declaration signed by my wife or myself to agree to this. DO I control her PERSON? Scott Duncan, Pete Daoust and anyone that can help with this please.

Lee Edgely

Not sure if this is right: The PERSON I happen to have was defaulting on the PUBLIC DEBT, Michael Gladney assumed control (administration) of the PERSON that I have, then arranged deductions from the PERSON's account?

Anibal Jose Baez

Well, like a system of trinities. Drawer, Drawee, and beneficiary; grantor, trustee, beneficiary; etc. But not just in this. If I am playing, the current CANNOT stop. I need to let it flow. But at the same time, that gives me CONTROL of the flow, ONLY IF I know this.

I am still putting my finger to it, but I have been seeing trinities everywhere. :/

Scott Duncan

Well this IS SORT of fraud, but the fact is, the money is only yours by TITLE. They POSSESS it. That is why foundation documents should be liened. ;)

They have done something that is a "crime" if a PERSON did it. The government is NOT a PERSON.

Pete Daoust

I am sending a bunch of ORIGINAL receipts, right now, to Bank of Canada, with an account statement, and a bill of exchange attached to it.....concerning some grocery shit PIERRE DAOUST bought, using money of account via a CREDIT card, I have created (the money of account).... :/

Everything is IN the envelop, and has to go today....

Pete Daoust

Montreal, JULY THE 2ND 2014.

NOTICE OF PAYMENT

THESE COSUMABLES PRODUCT HAVE BEEN BOUGHT BY THE PERSON NAMED PIERRE DAOUST, USING MONEY OF ACCOUNT VIA CREDIT.

PLEASE REMIT, USING PIERRE DAOUST�S SURETY, TO CIBC MASTER CARD THE SUM OF $2252.38 -- TWO THOUSANDS TWO HUNDRED FIFTHY TWO DOLLARS AND THIRTY EIGHT CENTS, IN CAD MONEY OF ACCOUNT.

INCLUDES, ARE THE RECEIPTS WITH VALUE (ORIGINALS).

1). CT 2800 4660 9638 8067 2923 6 $326.31 WALMART 2). CT 5735 2398 1313 1720 5199 3 $283.28 WALMART 3). CT 3643 0019 2022 2584 2634 0 $319.07 WALMART 4). CT 6810 6939 6788 0072 6286 $50.34 WALMART 5). CT 3923 4016 3010 2524 1536 0 $384.98 WALMART 6). 442001001040 $300.20 MAXI 7). 226001001038 $269.30 MAXI 8). 01092921 $60.02 COUCHE TARD 9). 01089898 $126.37 COUCHE TARD 10). 01087211 $119.29 COUCHE TARD

BY:___________________________________ SOLE AUTHORIZED ADMINISTRATOR FOR PIERRE DAOUST INSCRIPTION NUMBER : 1196604XXXXXX ACCOUNT NUMBER: 26X-XXX-XXX

---------------------------------------------------------------------------------------------- BILL OF EXCHANGE

DRAWER: PIERRE DAOUST DRAWEE: BANK OF CANADA 13905 LATREILLE 234 LAURIER AVE. WEST MIRABEL (QUEBEC) OTTAWA (ONTARIO) J7N 1 N5 K1A 0G9 Account Number: 26X-XXX-XXX Inscription Number: 1196604XXXXXX

DATE: JULY 2ND 2014. BENEFICIARY PAY TO: CIBC MC AMOUNT: $2252.38 CAD CIBC PO BOX 4595 STN-A TORONTO (ONTARIO) M5W 4X9 ACCOUNT: 5268 XXXX XXXX XXXX

BY:_________________________________ AUTHORIZED ADMINISTRATOR 96

Lee Edgely

So Scott Duncan they stole time and there is feck all that I can do about it now. I am trying to ask the write questions so when you say "that is why foundation documents should be liened" does it mean, liening the PERSON into a TRUST?

David Johansen

i played with picassa but didn't like it at the time. basically I use an old program called Super-JPG by Midnight Blue that i acquired from FOSI quite some time ago for 90% of what i need image editing. that and photoshop v 5 - 7 still work quite well for anything i need to do. I can even scan at 3000 dpi and print those funny legal tender notes at 18" wide.

you remember those days, FOSI, OSCAR, and ofcourse the serialz 2000 database.