Deciding What To Do?

by **LionsShare** Fri Apr 02, 2021 10:02 pm

When looking at the tear off slip on a utilities bill & deciding what to do here are a few thoughts.

As you look at the thick black box below is wording 'cheque acceptable......../cheque not acceptable........', think what peice of paper or commercial instruction/instrument has the word 'cheque' on it? A cheque right?

The tear off slip as a bill of exchange (BOE)

Payee - Utility Co.
Drawee - Santander Corporate Bank.
Drawer - Santander Corporate Bank. - why? See below & remember, only a man can contract/agree with another man, not with DEAD LEGAL FICTION .

Holder in due course - YOU (the reader), what do you want to do with that cheque given? 1.Treat it as a Prom Note, 2. Treat it as a BOE? Its up to you!

https://www.legislation.gov.uk/ukpga/Vict/45-46/61

5 Effect where different parties to bill are the same person.

(1)A bill may be drawn payable to, or to the order of, the drawer; or it may be drawn payable to, or to the order of, the drawee.

(2)Where in a bill drawer and drawee are the same person, or where the drawee is a fictitious person or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or as a promissory note.

Have fun, sit back, relax, enjoy life, don't worry be happy Very Happy

by **LionsShare** Mon Apr 05, 2021 7:49 pm

FFD 6:10 - all I know I am given a cheque, a credit cheque, cannot get access to it, you're my agent, will you deal with it?

(2019) was that the last 'year of liberty'?

by **LionsShare** Sun Apr 11, 2021 6:31 pm

For better clarity please read the BOE Act 1882 (link above), sect 3, 5, 8, 42, 43, 59. These are the main sections I use in dealing with tear off slips

3 is for the definition of a BOE.
5 is for - thats explained above.
8 is for Transfer - the non performance or prohibit of it.
42 & 43 are for natorial protest if required
59 that's self explanitry

The Creditor's Title becomes defective & any Accommodated Party does a favour

by **LionsShare** Fri Apr 16, 2021 12:30 pm

As some will be aware 1 goodf member is having trouble with a util' Co now at court stage.

this is something that dawned on me after either through a post or PM the phrase 'home made prom note' was used. If followed what I have written in previous thread(s) in the Utilities section on wording & what to do regarding the tear off slip:

https://goodf.forumotion.com/f42-utilities

the following is certainly a play on words, but this seems plausible:

'home made prom note': when placing stamps on the document & signature through each 1 then the document is now yours. Turn over & the wording, it starts; "'NON Transferable, To.... Utility Co....." if what is taken into account & 1 finds 1 self in court then it could be true, it is a home made prom note? Because as the doc' is yours & you have scribed..... on the back making it your own.

Why not ask the judge to interpret the legislation outlined above & then state, 'your not so honour as per the legislation outlined previous, I am treating the document & tearoff slip as a BOE NOT a prom note'? It just might stop the plaintiff.......

So if you receive paperwork from ? & the phrase 'home made prom note', do not dismiss altogether as it could be true? Shocked

These people are slippery b'stards becareful.

LS Very Happy

(2050)

by **LionsShare** Mon Apr 19, 2021 8:07 pm

LionsShare wrote:or a person not having capacity to contract,

This was in sect5 sub2 above, this references the Corporate Bank because only a man can contract with.......

(2068)

by **LionsShare** Mon Oct 03, 2022 6:52 pm

Something to consider why it can be used as a BOE or prom note
https://www.legislation.gov.uk/ukpga/Vict/45-46/61/section/22#:~:text=Changes%20to%20Legislation,-Revised%20legislation%20carried&text=(2)Where%20a%20bill%20is,against%20any%20other%20party%20thereto

22 Capacity of parties.

(1)Capacity to incur liability as a party to a bill is coextensive with capacity to contract.

Provided that nothing in this section shall enable a corporation to make itself liable as drawer, acceptor, or indorser of a bill unless it is competent to it so to do under the law for the time being in force relating to corporations.

(2)Where a bill is drawn or indorsed by an infant, minor, or corporation having no capacity or power to incur liability on a bill, the drawing or indorsement entitles the holder to receive payment of the bill, and to enforce it against any other party thereto.

Have fun, sit back, relax, enjoy life, don't worry be happy Very Happy

LS

by Sponsored content

Deciding What To Do?

Deciding What To Do?

Re: Deciding What To Do?

Re: Deciding What To Do?

Re: Deciding What To Do?

Re: Deciding What To Do?

Re: Deciding What To Do?

Re: Deciding What To Do?