I have two investment units and started sending BoE's to the council every time they sent me a Bill for water and rates. The two units are at the same address so when they bill me for one, I get the other one as well. I replied to all bill notices with a BoE and other letters in support of the BoE's for approximately 9 months. As soon as I received a notice from Council, I sent a BoE back with extra information. They eventually gave up on me and stopped sending bills. I hear nothing from them now and do not pay them any money.
This council has fired up again and is now threatening to take me to court; well, so be it. They refuse to accept the BoE process. I have another letter ready for them demanding validation of everything legal and logical, and the way I see it, if they cannot answer my questions regarding what I am required to pay for, then how will a court case support council over me? Attending (online court) can be a good thing; if you win, everything stops, and you could file a cross-claim against the council later.
In the town where I live, I own my home; I am not paying Council either. I sent the Boe's plus other letters in my support; however, they have had enough of me and decided to take me to court, which is okay and what is happening now. This is an online court; I am supposed to show up in person in Sydney on the 2nd of October. However, I have written a letter to the court registrar asking for a telephone hearing. I do not know the outcome of this yet, but I am not paying Council any money. If I lose the case and have to pay Council, the BoE process will start again as before. I have purchased the book from Lip Forms, Michael Rolf, (Offset & Discharge the Alleged Debt), Australian First Edition, which is a practical guide to challenging debt, serving notices, and seeking discharge through the documentary process.
I now wait to see what the outcome of this court case will be, if Council wins, the same cycle will start up again with a BoE, and I will write to the NSW Treasury asking them to pay for Council accounts. If I win the court case, I will then commence with a cross-claim against Council (cost about $350) and sue them for all the money I have already paid them plus damages. I know one thing for sure: if I can help it, Council is not getting to my personal bank account; they will have to learn the BoE process, or the Treasury will have to pay. I also keep in mind that these people work for us; we do not work for them.
@davidlloyd you are doing everything right. Stand your ground. Hold them accountable. Never give up!
Thanks for the support.
