Judgment and Estoppel

#1 09-23-2003, 08:20 PM

Recently sent BoE to credit card company, they have had it for almost 2 months, just started calling with "bank refused to honor BoE".& Advised them how to handle BoE when sent to them, but they did not pay attention. I know that there is 'acceptance' even though they did not perform on instrument.& My question is, if they send back the BoE (they threatened to do so), do I do a Notice of Dishonor, or Conditional Acceptance. And after that do I move to a Notarial Protest and then file for an ex-parte action in court and attempt to get a judgment and an estoppel? Is this the general way of getting a 'closure' to this issue?& Also, in regard to my other problem, (SSA) &I have already received a Notarial Protest and Certificate of Protest on my SSA problem, can I take this also to an ex-parte hearing.& I have done Cond. Acceptanc of their refusal of my BoE.and have everything in order.&

#2 09-23-2003, 08:20 PM

Recently sent BoE to credit card company, they have had it for almost 2 months, just started calling with "bank refused to honor BoE".& Advised them how to handle BoE when sent to them, but they did not pay attention. I know that there is 'acceptance' even though they did not perform on instrument.& My question is, if they send back the BoE (they threatened to do so), do I do a Notice of Dishonor, or Conditional Acceptance. And after that do I move to a Notarial Protest and then file for an ex-parte action in court and attempt to get a judgment and an estoppel? Is this the general way of getting a 'closure' to this issue?& Also, in regard to my other problem, (SSA) &I have already received a Notarial Protest and Certificate of Protest on my SSA problem, can I take this also to an ex-parte hearing.& I have done Cond. Acceptanc of their refusal of my BoE.and have everything in order.&

suijuris · #3 09-24-2003, 08:01 AM

I-OWN-SSA,

First, I would get them to stop calling and have all futher communication via mail.

If you have already done the protest process, I am not sure what would be your next move, perhaps Ice or Andy can help you with that.

Good luck!
Sui Juris

suijuris · #4 09-24-2003, 08:01 AM

I-OWN-SSA,

First, I would get them to stop calling and have all futher communication via mail.

If you have already done the protest process, I am not sure what would be your next move, perhaps Ice or Andy can help you with that.

Good luck!
Sui Juris

Ice · #5 09-24-2003, 11:48 AM

First, let me say this: Notarial Protest works the other way around.& I will refer you to Jason's post at TSN as he makes it clear how the NP is properly used.& The point is that NP is not a process you should employ.& You could do&CA, adding a "Default" passage and conclude the matter that way.

If the credit card company were to initiate a court action, that can be dealt with.& The problem with Credit Card companies, according to OT, is that not all of them have a TTL account and therefore a BoE is the wrong instrument to use in their regards.& OT suggests a CPN for use with cc's.& You may find some of OT's posts at TSN very informative.

There may be other members here that will chime in with more insight/opinion/suggestion.& Hang in there!

.

Ice · #6 09-24-2003, 11:48 AM

First, let me say this: Notarial Protest works the other way around.& I will refer you to Jason's post at TSN as he makes it clear how the NP is properly used.& The point is that NP is not a process you should employ.& You could do&CA, adding a "Default" passage and conclude the matter that way.

If the credit card company were to initiate a court action, that can be dealt with.& The problem with Credit Card companies, according to OT, is that not all of them have a TTL account and therefore a BoE is the wrong instrument to use in their regards.& OT suggests a CPN for use with cc's.& You may find some of OT's posts at TSN very informative.

There may be other members here that will chime in with more insight/opinion/suggestion.& Hang in there!

.

#7 09-25-2003, 06:52 AM

Ice:& Thanks for the clarification.& I did the correct thing in regard to my SSA matter, but when it comes to the credit card company, I will have to re-think this one.& We used a BoE with them, and your advice to use a CPN with them makes sence.& Can this be corrected by sending them out a CPN after a BoE has already been sent.& I see the difference in the material being sent to credit card companies vs government entities.& It makes great sence and I hope that this clarifies it for others who have been looking for an answer to why some credit card companies accept and perform on the BoE and others do not.& I have had this very thing occur to me in the past.& A simple answer like this one can clear up alot of hassel for everyone once they see the reasoning behind it.& Thanks again for the advice.& SurJuris:& Thanks, I have already stopped the phone calls.

#8 09-25-2003, 06:52 AM

Ice:& Thanks for the clarification.& I did the correct thing in regard to my SSA matter, but when it comes to the credit card company, I will have to re-think this one.& We used a BoE with them, and your advice to use a CPN with them makes sence.& Can this be corrected by sending them out a CPN after a BoE has already been sent.& I see the difference in the material being sent to credit card companies vs government entities.& It makes great sence and I hope that this clarifies it for others who have been looking for an answer to why some credit card companies accept and perform on the BoE and others do not.& I have had this very thing occur to me in the past.& A simple answer like this one can clear up alot of hassel for everyone once they see the reasoning behind it.& Thanks again for the advice.& SurJuris:& Thanks, I have already stopped the phone calls.

suijuris · #9 09-25-2003, 08:01 AM

Maybe we should modify the VOD so it includes BOTH a BoE & CPN?

suijuris · #10 09-25-2003, 08:01 AM

Maybe we should modify the VOD so it includes BOTH a BoE & CPN?