The Tender For Law

Volume 8

Oct 16, 2014 7:03 PM

Harry Wombat

I am helping a friend who is a contractor to get paid for the work he did at a clients house.

The guy he did work for was sent a NOTICE OF CLAIM which was notarized, and an invoice in addition to other paperwork. He did not respond as indicated/insructed and therefore I'm about to send him a NOTICE OF DEFAULT AND AN OPPORTUNITY TO CURE.

However, he has hired a lawyer and the lawyer sent a letter to my friend, even though the previous registered correspondence indicated he was to address . all correspondence to me via registered mail.

Therefore I will send the above to my friends client and this to the lawyer he retained.

Am I on track? Any suggestions and advice?

*************** . lMr. Useless Air Breather

I have been forwarded a letter you and Samford and Sons sent via unregistered mail to Bernard Carroll. You will find said letter attached to this correspondence and marked RETURNED WITH CAUSE � WRONG PARTY.

In good faith, I can only assume that Tom Kerekes failed to inform you, and Somerson and Sons, that Tom Kerekes has been previously informed that any and all correspondence pertaining to invoice # 123455, (delivered to Tom Kerekes, and, or his agents, and or, representatives, and, or persons acting on his behalf, via REGISTERED MAIL on August XX) is to be addressed exactly as follows:

Sole Authorized Administrator for: Harry Nosed Wombat AT: 123 Someplace Street AT: Buttfuck, Ontario Non Domestic - Outside Canada

Please address all further correspondence as instructed above and note that any and all correspondence pertaining to the private matter between Tom Kerekes and Bernard Carrol which is not addressed as indicated, will be deemed insufficient to address the matter.

Additionally, you are to take notice that while we are willing to recognize that you may have a contract with Tom Kerekes, you are hereby made aware, and, or, reminded that you and Somerson and Sons do not have a contract with Bernard Carroll, or me, and are therefore rightfully and correctly deemed to be third party interlopers, without standing in the private matter between Bernard Carroll and Tom Kerekes. However, despite the above, please also be advised that should you, and Somersons and Sons, wish to become a party in the above referenced matter, you are certainly invited to state your willingness to do so at your earliest convenience as we sincerely welcome any and all opportunities to add additional parties.

For your consideration, and as a courtesy, you are hereby also notified that we do charge for our time. As this is a PRIVATE matter, to which you and Samford and Sons are not a party to, failing a written and signed affirmation clearly and unequivocally expressing your, and Samford and Sons, wish to contract with Bernard Carroll, and, or, myself, and, to become a party in the matter referenced above, written under the letterhead of Samford and Sons; you are hereby notified that any and all correspondence and, or communications, sent to, and, or directed at Bernard Carroll, and, or me, will indicate your, and Samford and Sons will, determination, and acceptance to contract with me, and, or Bernard Carroll and to be billed at the following rates:

Receipt of, and, or, response to a letter or any communication initiated by you, and, or Samford and Sons: $5,000.00 CDN Receipt of a Telephone Call: $5,000.00 CDN Phone Message to Bernard Carroll or me: $5,000.00 CDN Receipt of a court action initiated by Tom Kerekes, and or you and, or, Samford and Sons: $25,000.00 CDN

I look forward to doing business with you and Samford and Sons should you and Samford and Sons continue to be so inclined.

Sincerely,

Sole Authorized Administrator for: Harry Nosed Wombat WITHOUT PREJUDICE ALL RIGHTS RESERVED NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT

Read Comments

Harry Wombat

Sorry Pete, I was away from my desk. :)

No.

However, there is correspondence sent by the customer via email that acknowledges the existence of a contract between them for the work my friend did (he's a 70 yr old taper who needs to get paid so he doesn't lose his house).

Harry Wombat

Joelle Spirit

We NOTIFIED via registered mail that we would place a lien on the house and REGISTER an OBLIGATION the client has that remains outstanding with prominent credit bureaus (damaging his business) IF buddy didn't ACT HONOURABLY.

We did this because we are nice! :D.

Harry Wombat

divestment, n. (1844) 1. Property. The cutting short ofan interest in property before its normal termination. 2. The complete or partial loss of an interest in an asset, such as land or stock. 3. DISINVESTMENT (2). - divest, vb.

David Johansen

Refused for Delivery. send them a notice, dear sanford & sons, if you insist on representing the party, they would then be of unsound mind (C.J.S. II V7 S4) and surely be incapable of making competent decisions, therfore I must inform you of my intent to LEIN any monies/payments YOU receive by that party as having belonged to a prior previous debt. obligation which supercedes any right you may presume to have for any DISPOSEABLE money's and/or capitol assets which may be used to satisfy the compensation for my EMPLOYMENT by said party.

and while your thinking about that, think about going and fucking yourself...

By: Administrator

oh, BTW, dont listen to me. i was smokin weed and just thought sayin that would be pretty funny...

Harry Wombat

Revised Letter

Samford and Sons Mr. Useless Air Breather John Doe 1 � 10

I have been forwarded a letter you incorrectly addressed to Bernard Carroll. You will find said letter attached to this correspondence and marked RETURNED WITH CAUSE � WRONG PARTY.

You are hereby instructed that all correspondence relating to invoice # 123455 must be addressed exactly as follows:

Sole Authorized Administrator for: Harry Nosed Wombat AT: 123 Someplace Street AT: Buttfuck, Ontario Non Domestic - Outside Canada

Furthermore, any and all correspondence which is not addressed as indicated above, will be deemed insufficient to address the matter and will also be returned with cause.

We recognize that you may have a contract with Tom Kerekes. Please note for the record that you do not have a contract with Bernard Carroll, or me. We are, however, willing to offer you the opportunity to become a party in the above referenced matter as we welcome any and all opportunities to add additional parties.

You are hereby instructed that failing a signed affirmation expressing your wish to accept the above offer, any further communication concerning this matter and or, correspondence directed to either Bernard Carroll, and, or, myself, will be deemed to indicate your agreement to retain us to address the matter and will additionally be deemed to indicate your agreement to be billed as follows:

Receipt of, and, or, response to a letter: $5,000.00 CDN Receipt of and, or, response to a Telephone Call: $2,000.00 CDN Receipt of and, or, response to a Phone Message: $2,000.00 CDN Receipt of a court action: $25,000.00 CDN

I look forward to doing business with you, should you be so inclined, and, I trust the above clarifies both our position, and, the terms of our offers to contract with you.

Sincerely,

Sole Authorised Administrator for: Harry Nosed Wombat WITHOUT PREJUDICE ALL RIGHTS RESERVED NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT

Michael Webb

RE: "NOTICE OF DEFAULT AND AN OPPORTUNITY TO CURE."

This should be -->> NOTICE OF FAULT - OPPORTUNITY TO CURE. Notice of default is the final notice, given the fact they have an opportunity to make reparations, they are NOT in default... yet.

Rodrigo Dan Darius

I remember Scott Duncan mentioning, in one of David Vilaca's threads, that you aren't in the position to declare someone in FAULT. So based on that I would go with DEFAULT. You might wanna double check that..

Pete Daoust

1). Notice of Claim (Telling them your intent about claiming and WHY)

2). Invoice

3). Account statement

4). Notice (saying Hey, where's the check ?)

5). Final Notice (no obligation, only if you feel "nice" :D )

6). DEFAULT NOTICE

7). LIEN

Harry Wombat

ChiefRock Sino General - What do you think of the revised letter a few posts above?

I think it covers what we discussed and is significantly shorter without missing the main "talking points".

Any final suggestions or comments?

Sino General

Your first paragraph not needed no need to tell him he sent to wrong party. That would be obvious by sending mail back marked. Try not to say unnecessary things. Who is you ? Did you define the party in any paragraph? Your sentence about lawyers contract with client doesn't make a lot of sense and shud be reword ed properly. The laid put terms needs to be redone. It's shorter yes but needs to be more direct and less wordy.