Notice Of Conditional Acceptance / Promissory Notes

by Winston Sun Oct 14, 2018 12:36 pm

Hi - I really need some help in comprehending and dealing with a situation I'm currently embroiled with....

Super long story short - 'a friend' has been issued with a fine (from a Magistrates Court) but when said 'fine' arrived it actually states 'Collection Order'.

Said friend sent the Court a 'Notice Of Conditional Acceptance' and also sent the same to an Enforcement company appointed by the Court.

The Court have replied that, and I quote:

"I refer to your promissory note; this will only extinguish an existing debt if the creditor agrees with that mechanism of payment. HMCTS has not agreed to accept a promissory note in discharge of your outstanding fine debt or any part of it, and is under no obligation to accept any such instrument in discharge of that debt or any part of it".

And I'm thinking...They won't accept promissory notes..???? WT... They then go on to say they are still going to chase my 'friend' for the alleged debt.

Q1. Is a 'Notice of Conditional Acceptance' a promissory note?
Q2. If the Court won't accept promissory notes, what can be used to pay them?
Q3. Can they refuse to accept promissory notes, or Notice Of Conditional Acceptance?
Q4. What the hell do I write back to them now...???

Any and all advice would be supremely appreciated - I've reached a plateau with my knowledge so all input greatly welcomed. Thank you.

Winston

by pitano1 Mon Oct 15, 2018 9:10 am

Hi Winston.
q.1no
q.2 research...pay by endorsement.
q.3, Can they refuse to accept promissory notes.[yes]
3.b.or Notice Of Conditional Acceptance?-no
4.read until you comprehend the info found
here....http://boevat.org.uk/
pitano1

by Ausk Tue Oct 16, 2018 8:17 am

To research Notice Of Conditional Acceptance, (commercial remedy, also known as the Affidavit process) go here; its as good as any place to get the basics of it.

https://therunawaycontract.net/about/

by Winston Tue Oct 30, 2018 2:38 pm

Hi pitano1 and Ausk - many thanks for the links and advice. Reading / learning this now, will update with any new info or questions.

Cheers

Winston

by Ausk Sun Nov 04, 2018 8:49 am

'Notice of Conditional Acceptance' - This is an offer according to Gorden Bellingham.

IMO, use of the word "Notice" and then go about engaging in negotiations is a little inconsistent with regard to intent.

IMO, a notice makes the addressee aware of facts and facts alone.

E.g "Notice - You have failed to sign and return the offer within the required 14 days and the offer has now lapsed."

According to Gorden Bellingham, just about anything a person says is an offer. (his words not mine.)

Offer of Conditional Acceptance. With an offer we have 4 choices:
accept it
reject it
ignore it
conditionally accept it.

According to Gorden Bellingham, the contract makes the law. I see no reason why this statement is anything other than correct.

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Notice Of Conditional Acceptance / Promissory Notes

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