Monday, 28 December 2015

new dog old tricks


 

New  Dog ... Old Tricks

 

This is perhaps the last mailshot we will put out for 2015, unless something else comes along worth putting out. Again, we ask that all our readers and supporters share this mailshot, with all/any of their contacts, and post it to all appropriate media and social platforms.

 

We have an extensive list of contacts in the populist media such as TV, Radio and Newspaper, and as you might guess, absolutely none of them ever give air to the material we put out. We rely heavily upon our existing readership and supporters to get the material out. Long may it continue.

 

2015 has been quite an extradonary year in terms of success within and without the Courts for many of the People we work with. Equally the Schools and Tutorials we have facilitated have grown and expanded the knowledge and the confidence of People in general, but in and out of the Courts.

 

As a parting gesture for 2015, to "the State", all its institutions and associated corporations, including Banks, we thought it appropriate to regurgitate an abstract from a section of a past published book. A section concerning the "Bills of Exchange Act 1882".  .....   This Act codifies the law (legality) relating to Bills of Exchange, Cheques and Promissory Notes. In other words, MONEY per se. Although the Act itself is relatively small, in terms of quantitive reading material, very few People for some reason seem to have read it, or have need or want to read it. It is freely avaible on the internet to download, read, print etc.

 

 

Within the said Act and associated sections we have discovered and used viable solutions that the Act provides, and there are a great many, if one cares to critically read and study the Act. In fact we might venture to say that the Act potentially provides viable and workable solutions and remedies to all manner of financial/money related problems. The key thing being that, if applied incorrectly it may create more of a problem than a solution, that could potentially lead to charges of fraud. But equally, to use the Act critically succesfully, does not require a lot of acumen.

 

ABSTRACT Taken From: Irish Life And Me.

Free Book Download Here:

http://www.irishlifeandme.com/

 

Supplementary information: It would be worth your time interrogating, studying and examining the "Bills of Exchange Act 1882". More specifically have a look at a thing entitled "Negotiation of Bills" Section 31, subsection (5) states as follows: "Where any person is under obligation to indorse a bill in a representative capacity, he may indorse the bill in such terms as to negative personal liability". … and "Form and Interpretation" Section 16, "The drawer of a bill or any indorser, may insert therein an express stipulation (1.) Negativing or limiting his own liability to the holder: (2.) Waving as regards himself some or all of the holders duties".

 

The modern equivalent of a Bill that might require indorsing would be a Bank Cheque that requires a signature. In order for the Bill (Cheque) to have any legal force it requires a signature (at least) and date. What the Bills of Exchange is telling us, is that you can indorse (sign) a Bill (Cheque), and remove or negative any personal liability. In other words you may if necessary remove your own previously perceived liability (responsibility) from a signed Bank Cheque, which means that you have built a brick wall between you, and the Bank and the Person(a) or Corporation that are in receipt of the Bill (Cheque).

 

In his book INTRODUCTION TO BUSINES LAW (6th. Edition); P.W.D. Redmond covers and explains this issue in Chapter 15 – NEGOTIABLE INSTRUMENTS … Page 246 – Point 23. Signature sans recours. The Drawer or any Indorser can negative or limit their liability by clear words accompanying his signature on the bill: s.16.

(a)   Signature sans recours ('without recourse') negatives all liability of the signer on the bill.

(b)   Signature sans frais ('without expense') limits the signer's liability to the actual value of the bill, i.e. excludes liability for any expenses arising through dishonour and subsequent action for enforcement.

 

This is a very important point to note: There is case law in existence that supports this law. Despite what certain legal professionals have asserted to us in recent years, the "Bills of Exchange Act 1882" DOES apply to IREland, and is enforced in the Courts. Equally we are aware of People that have carried out Social Experiments of their own in relation to Negative and Limiting their Personal Liability on Bills (Cheques) … and it has transpired as a very positive experience for them. But that is another set of stories for another day.

 

This information needs very close examination, study and scrutiny: We don't want any People going off half-cocked with the law, trying out Social Experiments of their own, and then if challenged, not having sufficient knowledge of the law, and getting themselves into a whole heap of bother.

 

Then again it is very good food for thought; in that if applied correctly and within the appropriate legal framework of the law, it could potentially bring financial relief to many tens if not hundreds of thousands of People that are suffering at the hands of Banks, Financial Institutions, the State and the Puppet Government. Not to mention the fact that it could put manners on them that they seemed to have forgotten.

 

Direct Debit Guarantee.

Another very interesting thing to research is what is called a "Direct Debit Guarantee" which is currently provided by ALL Banks on the Island. We understand that this "Direct Debit Guarantee" is about to change on the 31st. January 2013, which may be replaced under EU Legislation governing SEPA DD (Single European Payments Area Direct Debits); Regulation 260/2012. 

 

If it is established that an unauthorised direct debit was charged to your account, you are guaranteed an immediate refund by your bank of the amount so charged where you notify your bank without undue delay on becoming aware of the unauthorised direct debit, and in any event no later than 13 months after the date of debiting of such direct debit to your account.

Ref: http://www.ipso.ie/section/YourRightsasaPayer

 

We spoke to a lovely man called Mick about this;

at IPSO (Irish Payment Services Online). Mick was keen to tell us that he had worked in banking for over thirty (30) years. Although Mick was very well versed on the pending EU legislation, he wasn't very forthcoming on the implications on the current Bank Direct Debit guarantee or the specific rights of the payer (you), so we did some more research.

 

This is what we found: The SDD (SEPA Direct Debit) Scheme may be used for single (one-off) or reoccurring direct debit collections, the amounts are not limited. Even exceeding the requirements of the Payment Services Directive (PSD), the SDD Core Scheme grants payers a 'no-questions-asked' refund right during the eight weeks following the debiting of a payer's account. During this time therefore, any funds collected by SDD Core will be credited back to the payer's account upon request. In the event of any unauthorised direct debit collections, the payer's right to a refund extends to 13 months, as stipulated in the PSD.

Ref: http://www.europeanpaymentscouncil.eu/content.cfm?page=sepa_direct_debit_(sdd)

 

What this means is that; if for whatever no-questions-asked reason you have established that a direct debit was charged on an account that you manage (within eight weeks as stated above), you are guaranteed an immediate and FULL refund by the Bank concerned or involved. Which will mean that the alleged provider of the services or goods etc., if they have an issue with not receiving payment, because of your no-questions-asked reason, the problem is then between the provider and the bank, and has nothing to do with you, very much like the concept outlined earlier in the "Bills of Exchange Act 1882" i.e. Signature sans recours and sans frais. Interesting or what?

 

A further scenario for you also to consider, is how you might combine the two concepts … purely as a Social Experiment of course. There are of course a whole plethora of laws, acts, codes, legislation, rules and guideline that if sufficiently studied and analysed, can and do work in favour of you the People.

 

~~~

 

Ok ... so that is 2015 taken care of. Hope ye all enjoy the run-in to 2016 ... and we look forward to seeing, hearing and reading from ye all in the year of "EVERYMANS LAW" i.e. 2016

 

 

 

All the best, The CLS

 

 

SHARE  IF  YOU  REALLY CARE

 

GET ON OUR MAILING LIST HERE:
www.TheCommonLawSociety.com/

 





No comments:

Post a Comment