Losleones wrote:Jeffrey wrote:
Yes a major disappointment & it seems most if not all, are posting their bounced cheque activity on the new forum. Even someone as thick skinned as Peter must have been embarrassed so best to get the garbage out of the public domain.
I would not want you to be disappointed
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170959MM
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Clearing data
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Postby 170959MM » Sat Jun 20, 2015 2:49 pm
If, like myself, one needs to attend a court hearing for alleged non-payment of council tax: two cheques presented to East Devon District Council; and according to my 'history' both have been CLEARED, yet they claim otherwise... can we obtain from Peter all the data as regards the clearing of one's cheque(s); thereupon, one has tangible evidence to present to the judge/magistrate how, when (time and date), and who actually facilitated the transaction. I have printed off a copy of my history to present as evidence that the cheques have been cleared, but feel that the other data might just prove advantageous under the circumstances.
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210467WB
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Re: Clearing data
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Postby 210467WB » Sat Jun 20, 2015 5:33 pm
Agreed, council state account not paid. Liability order granted, sent to bailiffs for collection. Bailiffs paid, still pursuing the amount they alleged owed.
100558AC
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Postby 100558AC » Sat Jun 20, 2015 9:33 pm
Hi, My experience so far with courts and Werebank Cheque, Sent a cheque to claimant's solicitor , was returned two days later as unacceptable, [never presented for clearing, yet shows on my account as now cleared] Completed a Notarial protest, and sent it off to both the Court two days prior to hearing by hand, and also to claimant's Solicitors. Arrived at court following week to try to get a default judgement overturned.. Didn't work, [ask me if your interested by all means] , when I presented the case that the debt has been paid, guess what? ...None of the Notarial paperwork was in front of the judge, gave him my copy , he dismissed it as NON VALID and threw out all claims from my side. I have since received my Notarial protest back from the court saying they cannot process it. forced now to complete a N245 and pay in sterling.
Additionally to this I have spoken to Barry Holland the President of the Notarial Society, [ can't get any higher can one?] and he says , although he admits to not being most knowledgeable with regard to UK banking laws, said " He couldn't see how anyone could enforce a Notarial Protest against someone for non - acceptance, as notarial Protests are usually completed in the case of dishonour due to insufficient funds etc. He suggested I speak to Dickinsons in Liverpool , which I did and they have said essentially the same thing.
I have just read Peter's PDf as on the Knowledge base UNITED NATIONS CONVENTION ON INTERNATIONAL BILLS OF EXCHANGE
AND INTERNATIONAL PROMISSORY Notes , page 37 gives us all the right sounding words and ammo to complete a Notarial protest yet Page 2 clearly says "CHAPTER I.
SPHERE OF APPLICATION AND fORM OP TBE INSTRUMENT
Article 1
1. This Convention applies to an international bill of exchange when it
contains the heading -International bill of exchange (UNCITRAL Convention)- and
also contains in its text the words -International bill of exchange IUNCITRAL
Convention -.
2. This Convention applies to an international promissory note when it
contains the heading -International promissory note (UNCITRAL Convention)- and also
contains in its text the words -International promissory note (UNCITRAL
Convention) -.
3.
This Convention does not apply to cheques."
So anyone else have any ideas on how to nail this ?
Many thanks
andy