Humanity and [alleged] KIWIBANK

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Humanity and [alleged] KIWIBANK

Post  cptn_fantastic on Wed Mar 06, 2013 7:44 am

Ok, it begins...
Mortgage was due 04/03/13, not enough in the chq account to cover the payment.
The Mortgage payment was made by the bank by putting the chq account into overdraft to the tune of $454.86 (since climbed to $469.86 with a $15 dishonour fee) Actual mortgage payment amount was $493.64 There was $38.78 in the chq account, hence the overdraft amount of $454.86

Received this correspondence from a credit controller (respondent) via email 05/03/13;
""Dear (ME)
Your Kiwibank account(s) (38-9011-*******-**)
We would like to let you know that your account is overdrawn by $454.86 following the automatic processing of your loan repayment(s).
Please arrange to deposit sufficient funds to the account to correct this position before 12 March 2013 and ensure that adequate funds are available to meet scheduled loan repayment(s) as they fall due.
If you wish to discuss this further please contact us on 0800 222 497.
Yours sincerely,
Respondent""


I Phoned the respondent 05/03/13 with the intention of informing about the new situation and the courtesy notice. Did neither- chickened out, but did have an interesting chat about the nature of how the mortgage was paid. With monies pulled out of thin air. There is no account anywhere within the bank that needs repaying, except my own!

Phoned again today. This time I spoke of the UCC, the OPPT and the courtesy notice.
I then sent off the courtesy notice.
Because KIWIBANK kindly paid, my mortgage is currently up to date, and the demand was to clear an overdraft, this then was what the CN was about;

""DULY VERIFIED DECLARATION OF FACTS:
I received a document that purports to be a request to deposit into alleged KIWIBANK account 38-9011-0534949-01 $454.86, being sufficient funds to clear an unarranged overdrawn position due to automatic processing of an alleged mortgage repayment, reference e-mail dated 05/03/13, with attachment “ViewDocument.do.pdf”, from
[respondent etc...]

I have received an almost instant reply;
""Hi Ron
Thank you for the email and attachments.
This does not alter the fact that your account is overdrawn by -$469.86. Please transfer funds to clear the account.
Regards...""


Well, I certainly rattled her cage! Laughing


The overdraft thing seems potentially a bit messy as it is a shifting target in terms of amounts, though the monies out of thin air is interesting. Might just clear the amount, miss another mortgage repayment to get that particular product in the arrears....dunno...scratch...or perhaps send off my first invoice in the hope respondent takes it all just a little more seriously... scratch

What say you?

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Re: Humanity and [alleged] KIWIBANK

Post  undifined on Thu Mar 07, 2013 2:30 pm

It did cost you energy, you notified them they are foreclosed upon, the person mailing you back is that the same as the ones you spoken to ? you have set the conditions so you can act upon it.

""Hi Ron
Thank you for the email and attachments.
This does not alter the fact that your account is overdrawn by -$469.86. Please transfer funds to clear the account.
Regards...""

means they have read it, thanked you for it and accepted it.

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Re: Humanity and [alleged] KIWIBANK

Post  Marbolot on Thu Mar 07, 2013 6:18 pm

cptn_fantastic wrote:Phoned again today. This time I spoke of the UCC, the OPPT and the courtesy notice.
I then sent off the courtesy notice.
Because
KIWIBANK kindly paid, my mortgage is currently up to date, and the
demand was to clear an overdraft, this then was what the CN was about;

""DULY VERIFIED DECLARATION OF FACTS:
I
received a document that purports to be a request to deposit into
alleged KIWIBANK account 38-9011-0534949-01 $454.86, being sufficient
funds to clear an unarranged overdrawn position due to automatic
processing of an alleged mortgage repayment, reference e-mail dated
05/03/13, with attachment “ViewDocument.do.pdf”, from
[respondent etc...]

I have received an almost instant reply;
""Hi Ron
Thank you for the email and attachments.
This does not alter the fact that your account is overdrawn by -$469.86. Please transfer funds to clear the account.
Regards...""

Looks to me like it's time to send an invoice for having tacitly accepted your Courtesy Notice offer by sending you the "instant reply".

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Re: Humanity and [alleged] KIWIBANK

Post  cptn_fantastic on Thu Mar 07, 2013 9:09 pm

Thank you both.
Yes, I take that as an acceptance. However, I will wait until the 12th, the date the overdraft was originally requested to be cleared by. I will not of course be clearing that overdraft. I anticipate the demand will be for the dollars directly, rather than for me to transfer funds. A subtle difference I know, perhaps no difference at all, but it keeps it all just a little more cut&dried in mind.
I will not be making another mortgage payment.
I do sincerely hope the respondent is making her own enquiries in the interim.


I do have a wee complication, I am guarantor to my daughter and partners mortgage, and they mine. They are both aware of the situation. Will just have to see how this plays out.

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Re: Humanity and [alleged] KIWIBANK

Post  we.are.awake on Fri Mar 08, 2013 12:15 am

We have done the same thing. Voluntarily missed a payment, and as in your case, instead of preventing the payment the amount has put our working account in overdraft. Our (alleged) bank, the ASB, has had 'credit solutions' calling us rather than putting anything in writing at this point. We have fielded a call, and essentially put them off, not wanting to get in to any details over the phone. We have ignored and had messages from a couple of 'blocked' callers asking for us to call back. If we end up talking with someone, it will be with the insistence that any request is put in writing so that we can send in a courtesy notice. Perhaps if I am feeling game I will mention the non existent loan, direct them the article that aired on TVNZ Seven Sharp "paying interest on loans that never exisited" (http://tvnz.co.nz/seven-sharp/paying-interest-loan-never-existed-video-5336329), their company's foreclosure and direct them to OPPT information.

Just thought I would let you know someone else is heading down a similar path...


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Re: Humanity and [alleged] KIWIBANK

Post  cptn_fantastic on Fri Mar 08, 2013 1:33 am

we.are.awake wrote:

Just thought I would let you know someone else is heading down a similar path...


Thank you both for passing that on, a simple thing to be sure, but your post, and that sentence in particular, was greeted with a rather large wave of emotion and a tear. Funny what may move us sometimes...

United we stand...

Kind Regards,
Ron.

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Re: Humanity and [alleged] KIWIBANK

Post  we.are.awake on Fri Mar 08, 2013 1:41 am

...well now we are both feeling waves of emotion and wet eyes!...

It has been amazing how often this is the case lately, I guess watching as the people take back their power and connecting with the knowing that this is right will do that to a person...

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Mortgage termination query

Post  muthaship on Fri Jun 14, 2013 11:41 am

Hi, I'm pleased to have discovered this forum, as I am researching taking action to terminate my mortgage payments. Having researched OPPT and the coutesy notice guidelines, I see you would need to voluntarily cancel an automatic payment, before you'd recieve any notification to respond with C.N to. As also discussed in previous posts.
Understanding the bigger issue that all corporations have been foreclosed upon, so banks are operating illegally now anyway. But also importantly the fact that all loans are fraudulant, and the money loaned is in fact created out of thin air, from our signatures used as promisary notes to pay the 'funny money' back, I wondered if a letter requesting verification of the original sum loaned for our mortgage before we continued to met payments, as well as a foreclosure flyer, might better explain the payments ceasing ? As well as eliciting a response to begin the C.N proceedure with.
Or is that too provocative, when just stopping an AP could be for any reason, but reaches the aim of acquiring a communication to respond witha C.N too.

I would love to hear progress reports of actions any of you have and are taking.

I'm also glad I'm not the only one considering taking action here in NZ, its a bit scary !!

Look forward to a response

thankyou

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Re: Humanity and [alleged] KIWIBANK

Post  we.are.awake on Tue Jun 18, 2013 6:03 am

Hi Muthaship, sorry for the delay getting back to you.  I am writing a reply outlining the actions we have taken and where we are at.  Hopefully I will get this up soon.

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Oppt NZ facebook group + sister group 'Mortgage terminators'

Post  muthaship on Wed Jun 19, 2013 4:27 am

Hi thanks for your reply.
I also wanted to draw peoples attention to an OPPT NZ facebook group thats formed and its sister site 'Mortgage Terminators' Both are a place to share information about the new Lawful landscape instigated by the UCC filings of the former One Peoples Public Trust. Also to support one another in our endevours to navigate the transition from a world dominated by "The powers that Were' or whatever you'd like to call them, towards the new exciting paradigm, and learning how to apply the Oppt process. Both are peopled by predominatly NZ'ers to offer support and knowlege in and of our local landscape.


https://www.facebook.com/groups/144235099093079/


the Mortgage Terminators group is a private group you can request to join via the other group (link above). So people can discuss in relative privacy, ways to free themselves from debt slavery imposed by the banks. 

It would be great to have the input of people like you guys that I've discovered here, who are taking action, on these pages.

Look forward to hearing more from you :-)

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Re: Humanity and [alleged] KIWIBANK

Post  we.are.awake on Wed Jun 19, 2013 11:02 am

Thanks Muthaship, my partner has already joined the facebook page, and I will do that also.  I have started a new post with our story; http://opptcourtcases.forumotion.com/t262-stopped-paying-the-alleged-mortgage#1031

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WOW

Post  muthaship on Wed Jun 19, 2013 1:13 pm

WOW  I salute your bravery. Thankyou for taking the time to spell your progress to date out. Its really helpful, for us in regard to actions we are seriously considering taking.

Yes when scutinising our loan documents I couldn't find a signed mortgage document anywhere, albeit a reference to it under 'Security'
'An existing registered all obligations Mortgage to us over all the property situated at...address etc"
so does it exist somewhere else ??

I'm unclear about the sale of your property to another family member by private treaty (standard sale and purchase agreement). Does this mean they own the title now I presume.

Unfortuantely I can't offer any advice, as this is new territory for me, but I've included some quotes below that may help?

I do think the challenge for the validity of mortgages and home loans is the big Kahoona for the banking system. So they will defend it vigorously. When you learn the process whereby they are able to gain a massive 300% profit (loan amount plus interest) credited into their balance sheet, (without using or risking any capital of its own), obtained from our promise to pay, from our signature.

I've to date heard of people haivng success with overdraughts and other small loans.

Looks like it could be a show down with each party refusing each others contracts.

Continue to invoice them, even in response to the so called 'default notice', as well as more invoices to the lawyers claiming the irelevance of 'pseudolaw'

Quotes :

Question #21: These notices don’t enforce anything. We still getting walked over!
Heather: OPPT took care of the old stuff…the CN’s are you BE’ing and DO’ing responsible and liable without confrontation, with grace. It appears they walk all over you and they hope that you will accept that as truth so that they don’t have to answer…what DO you consciously choose…if they DO not answer then they cannot enforce as a matter of law, matter of fact and as a matter of public policy…you cannot stop them from making their free will choice to BE corrupt or ignorant, which are THEIR terms and conditions of offer to contract with you…but you can keep them liable and responsible by giving them your terms and conditions of offer to contract with fee schedules for what it costs them to be corrupt, irresponsible and ignorant, inclusive of failing to produce their standing, authority, law and a an accommodation agreement (that says you agree/belong to a corporation) with your wet-ink signature…give them your terms and conditions and offer to contract with courtesy notice of what was done by OPPT, the one people of the planet…by their own former “legal rules” they loose as a matter of law, fact and public policy that they all brought under UCC.

and also found this under CN's frequently asked questions link below :

http://onepeoplespublictrustelucidated.blogspot.co.nz/2013/04/5-april-faq-courtesy-notices.html

"I am not getting results - Whatʼs happening?

You want one of two results from sending a CN.

1.  A letter or notice stating that all actions concerning your matter have been irrevocably closed, terminated, withdrawn orcancelled.
2.  Stone cold silence. You want one result from sending an invoice.  A letter that irrevocably accepts the waiver in your invoice and certifies that all action in the matter is irrevocably closed, terminated, withdrawn or cancelled. NO payment by the Respondent is necessary - your waiver has been accepted.  DO NOT expect your invoices to be paid.  Do expect more notices or letters.  Understand that banks / finance houses must exhaust every possibility (demands, phone calls, debt collectors, lawyers court hearings and so on), so that eventually, when they can prove "No Result" , they can lodge an insurance claim. Only then will all go silent as a rule.

It may happen sooner. Debt collectors run for their lives, usually, just on getting a CN. But it's seldom over then. Itʼs usually back to the bank at that point and likely youʼll next hear from a lawyer. btw.Youʼve a new Customer. Send an invoice to the first Respondent for referring it on."

So a dual at dawn ! David and Goliath

I really appreciate your posting progress and would love updates

Thankyou and may the force be with you!

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championing the fringe dwellers

Post  muthaship on Thu Jun 20, 2013 2:18 am

if your not living on the edge your taking up too much space !

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Re: Humanity and [alleged] KIWIBANK

Post  we.are.awake on Mon Jul 01, 2013 3:20 am

Hi Muthatship, again sorry for the slow reply. I have posted over at http://opptcourtcases.forumotion.com/t262-stopped-paying-the-alleged-mortgage

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Re: Humanity and [alleged] KIWIBANK

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