Purchasing A Car Using A Promissory Note 1 1
Purchasing A Car Using A Promissory Note 1 1
Purchasing A Car Using A Promissory Note 1 1
March 2013
Purpose
The purpose of this document is to assist you in the process of purchasing your car and paying for it using
the credits attained from processing your Promissory Note, either by drawing on credits from your running
balance account within your share of the Federal Treasury Account accessible via your tax file number and
Birth Certificate number, or through securitization (more likely) of your Promissory Note by the Dealer’s
Bank. This is a purchase by way of ‘DIFFERENT PERFORMANCE’
How it works
There are some specific steps to follow and this document provides an outline of those steps
This document is for education and entertainment purposes only. You should make your own
enquiries before making any decisions or proceeding with any actions.
The material in this document is not legal advice nor should be taken as such. The book is a result of the
research and application of the information attained from that research. The author takes no responsibility
nor accepts any liability for any errors, inaccuracies or omissions. It is the reader’s responsibility to conduct
their own due diligence the verify the accuracy of the contents herein disclosed. Enjoy your reading!
The Process:
This part is entirely your choice. What make and model do your like?
Consider purchasing more than one car at one time. The amount of paperwork and effort is the same for
one, two or three cars. The dealer will love you more for your multiple purchases at one time and likely you’ll
get a better deal and better service. In my own experience with one manufacture, after a 90 minute
conference in the dealership CEO’s office, the entire crew of about 12 salesmen stood listening at the door
and were excited to follow the process with intent to use the process themselves upon a successful outcome.
However, as the dealership account was held at a small bank, the process ‘apparently’ failed though the
Promissory Note was NEVER returned! Fortunately because the CEO was for-noticed by me the process
may be defective because the small bank may not (unlikely in my view) have a Treasury account or access
to the securitization process. The CEO was eager to open an account thereafter with one of the big four
banks. Unfortunately the author hasn’t found sufficient time to follow up such an exciting opportunity!
Take into account all the options you want to add to your car including all after market add-ons. Normally you
might purchase these later as the dealer price is not usually the best value. However, since you are now
purchasing the car with a Promissory Note, price isn’t an issue, and you will achieve the best value by getting
the dealer to attend to all of these before delivery of the car to you.
Similarly, you would be wise to negotiate 12 months or longer servicing and maintenance into the price as
well as all insurances and 12 months registration. Include as much as you can on the amount within the
Promissory Note so you’ll have less items to pay out of your hard earned cash later. This isn’t about getting
for free or not paying. This is about ‘discharging’ liabilities by ‘different performance’ as opposed to ‘strict
performance’ (see legal definition of the word ‘satisfaction’).
Ensure the amount of the Promissory Note is at least 20% higher than what is disclosed on the final account
statement to enable the lender;
1. to cover any costs of securitization and
2. to attain a reasonable commission as an incentive/inducement to facilitate the credits for you through
its ability to securitize negotiable instruments – securities
There is no need to haggle with the dealer/dealership over the price of the car or other benefits or services
as the Promissory Note will cover all costs. You can even afford to be generous and leave a little ‘extra’ for
the dealer for having ‘come your way’ to trial the process. You may also gain superior future services, and
benefits for having brought the business to them to begin with. Every business loves free new business from
your introductions.
Select a Dealer
Check with Solutions Forum for a list of dealers on their database who are familiar with and happy to use the
Promissory Note payment process before you begin looking for and calling upon dealerships. It will be easier
If you’re approaching a car dealer that is unfamiliar with the process, a most likely scenario, then you’ll need
to start by explaining the process to them, as I did, around the CEO’s table with the key decision makers. If
it’s a large dealership, you may require the CFO (Chief Financial Officer). You’ll need their prior agreement in
order to begin the process. Naturally if the dealer sees it as a win-win situation they’ll be extremely
enthusiastic to proceed.
Car dealers are businessman and are naturally interested in seeing a profit. Common sense prevails so the
easier you make the presentation, the easier and quicker the agreement will be attained and the smoother
the whole transaction will be.
Firstly, you need to approach and speak with the CEO or owner, person in charge of the dealership
about what car you want and how you’re going to pay for it. You may use the following information and
approach as a guideline.
• State Promissory Notes were common place and in widespread usage up to approximately the 1950’s
before banks took over the financial system within Australia
• Promissory Notes are still widely used in commerce within the larger transactions done between the
larger corporations and even governments.
• Promissory Notes are instrumental in ‘discharging’ liabilities and financial obligations and you know of
people currently using such instruments to discharge credit cards, personal loans, car loans such as with
GE and even mortgages
• Promissory Notes are legal tender as described at S89 of the Australian Bills of Exchange Act 1909 (Cth).
They operate in a way similar or same as cash.
• Promissory Notes are cash! There are case law precedents such as Lord Denning whereby the Judge
stated that ‘a Promissory Note or Bill of Exchange is equivalent to cash and is to be regarded as such,
and is regarded as cash in this court’.
• If you look at a $100 note, a note being a Promissory Note (S4 Australian Bills of Exchange Act 1909
(Cth)) it says on its face ‘This Australian ‘Note’ is legal tender’. The $100 note is itself a Promissory Note,
in that it PROMISES to pay $100 and it gives the holder some value. i.e. it’s a Promissory Note that is
widely accepted and negotiable
• A Promissory Note is same as a bank note except it is not produced by a company but by an individual
• We have the statute authority to act as a bank under S4 Australian Bills of Exchange Act 1909 (Cth)
where it defines banker as: an unincorporated or incorporated body of persons, which describes us
• The credits from the Promissory Note come from one of two sources. This may be;
a) From within the Federal Treasury Account within the Australian Taxation Office where every citizen of
Australia has a share of the national estate reflected in the credits within the treasury account. One’s
tax file number and Birth Certificate number accesses our share of the credits or wealth of the
national estate. The name of the account is believed to be called the Running Balance account and
reflects the value of the national estate for which every Australian that has a Birth Certificate has a
share – a fractional proportion relevant to the population number OR
b) From the securitization (most likely process) of the Promissory Note by the bank whereby the note is
bundled with other securities to make up a tranche which is sold to a US fund manager for more than
the face value of the note, the proceeds being repatriated back to the bank for distribution
• In process ‘a’ above, access to the Treasury account is facilitated by providing a copy of one’s Birth
Certificate and tax file number to the bank concerned
• This is a private process and private information not available to the general public. Members of the
general public are regarded as wards of the state by virtue they are deemed by the government as being
incompetent. Those who don’t properly comprehend the process and don’t know how to hold their
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a Promissory Note 2nd Edition 21 March 2013
position or properly respond to questions have been known to cause themselves harm. It is important
people properly and competently comprehend the process. This is a relatively straight forward process
but it requires the user to comprehend what is involved and what to properly hold their position
• If the dealer asks for more information, then provide it if competent to do so. If not then simply state
you’re not privy to the intricacies because the bank won’t disclose their technology to outside sources, but
that you’re sufficiently aware the process occurs as well as the results it’s attaining amongst the people
you know. It’s an opportunity to promote the Solutions Forum weekend workshops where they can attain
the information they seek
• We have prepared formal instructions for your solicitor in order to proceed and facilitate the payment
process from payment by Promissory Note in order to attain the credits to your account
• We don’t wish to take delivery of the car until such time the credits are within your bank account, is that
fair? That way no-one is out of pocket and it’s a win-win transaction for everyone
• If there is any negative feedback from your bank, are you prepared to open an account at one of the big
four banks and give this process a proper go?
• If there is a problem with the process with the large bank, you still have the car/s, the agreement is
terminated and nothing is lost
• Our intention is to be completely transparent with you so we all can work together for mutual financial
benefit, is that fair enough?
If the dealer is as excited as the dealership I approached, you should be home and hosed
If the dealer does not agree to use the Promissory Note payment process, then politely thank him for his
time, inform him you will notify him should you be successful elsewhere, wish him well and leave.
There are many other dealerships waiting for an opportunity to conduct business with you, even if it means
taking a chance upon a formerly untried payment process. The prospect of losing a 2, 3 or 4 car deal may
change their mind. If not, don’t waste your time attempting to convince or persuade them. A fully co-operative
and committed dealer is far superior to work with so everything flows easier and quicker.
If you encounter problems or issues, check with Solutions Forum for a list of dealers who support the
Promissory Note payment process and are happy to use it again and again.
When a dealer agrees to use the Promissory Note payment process, you are then ready to proceed to the
next step; reaching agreement on the prices of the cars, accessories to be supplied and sundries so that a
total price is agreed upon, the total value to be exchanged [price].
Although it is inherent in most people to haggle for the best price because of our preconditioned mindset to
reason for the lowest price because we are using our own ‘scarce’ cash resources so keep in mind, you are
not now constrained by such limitations because the amount you may write in figures on your Promissory
Note (hereafter ‘not’) has technically no ceiling limit! Does that mean one ought to exercise their often
predisposition to greed, as a result of their previous life of lack? NO!
Here is my first for-warning! Take notice the market has an uncanny mechanism to isolate and punish
greed, usually through the judicial and legal system. Competency and greed rarely mix. Competency takes
time, research, study, application, grit and backbone, persistence and even much empathy.
These ingredients are not conducive with a ‘greed’ or ‘make a quick buck’ mindset.
Any real work and effort in applying one self to study in order to attain sufficient knowledge to not only
complete contracts with attached payment instruments along with at least sufficient consideration to support
a simple contract but to hold your position should any challenges from the bank facilitating the credits for
you, occur, should no doubt put off those with the mindset of ‘get rich quick’ mentality.
The Promissory Note payment process is entirely about honour and certainly not about, like some
uneducated folks claim, getting something for nothing. The fact is the Promissory Note payment process is a
legitimate process and permitted under authority of statute whereby you, as the banker (S4 Bills of Exchange
Act 1909 (Cth)), have authority to create credit instruments and attain a benefit by them. The payment of
goods and services are facilitated by a process of ‘different performance’ rather than ‘strict performance’
(check legal definition of the word ‘satisfaction’).
Some examples of the result of some folks focusing on greed rather than competency, are disclosed on page
10.
Create a simple agreement in regards to the purchase of your car listing all conditions, or simple accept the
Bill of Sale and other public documents from the dealer, checking all terms and conditions first and redrafting
any that are unsuitable to you by simply crossing horizontally through the line/s of text containing the
condition/s with a biro along the edge of a ruler and initialing every change, addition or subtracting, just as
you do when negotiating the contract on the sale/purchase of a home. CONTRACT LAW=MERCHANT LAW
prevails.
Folks ought read two useful books:
1. The Bills of Exchange Act 1909 (Cth) – freely downloadable from the web
2. Australian Mercantile Law – Yorston & Fortescue 13th or any other edition. Ours second hand book
cost the princely sum of $5A plus postage
The author suggests before purchasing your car that in the interests of protecting your property from any
unwanted pirates, and we all know who they might be, to create your Trust as the owner of the car for the
purpose of asset and privacy protection, just as the wealthy do. For information on this subject matter go to
www.solutionsempowerment.com
Therefore you can immediately protect your privacy by entering the name of your Trust as the car’s owner,
for ownership and registration purposes. As the trustee, you may sign all documents on behalf of the trust, if
property and privacy protection is important to you.
1. Add a ‘subject to finance’ clause and stipulate a within 90 day period should the bank claim to be
unable to securitize the note such that the sale is subject to the bank’s acceptance of the note and
specify precisely the note that you deliver to the bank is YOUR note with its own unique Promissory
Note (PN) # upon it, because if you don’t you may find you must pay in Australian Reserve Bank
notes which are also Promissory Notes! (see attached copy of a completed Promissory Note), and
By Your signature
Your title case full name eg John Henry Doe
All rights reserved
3. Ensure you have limited and negatived your liability to the holder of the contract (S21(1),
S36(5)Australian Bills of Exchange Act 1909 (Cth) by writing on the top left of each page of the
contract the words:
NOT NEGOTIABLE
NON TRANSFERABLE
WITHOUT RECOURSE
Trade Ins
Most car buyers have an existing car to trade in, so there are several options:
When using the Promissory Note payment process, the final price doesn’t effect you because the credits are
raised elsewhere. Therefore, you don’t need to bargain your trade in the deal with with the dealer to reduce
the overall final price.
If you understand that in any car purchase, the lower the overall purchase price attained by the dealer or
dealership, the lower their margins and generally therefore the lower the price you’ll attain for your trade in. If
you’ll willing to pay top price for the new car (which you’re purchasing by using your Promissory Note), then
you’’ attain top dollar for your trade in car (which you may want to accept cash for rather than a reduced
overall changeover price)
Exemptions for taxes and duties is possible if the car is purchased by a NOT FOR PROFIT and NON
GOVERNMENT ORGANISATION such as a private Trust or Foundation. For information go to
www.solutionsempowerment.com
However you may find that it may or may not unduly delay the purchasing process and to what end if the
credits are coming from the securitization of the Promissory Note anyway. You may also stipulate in your
contract a waiver of taxes and duties by virtue a private entity is the purchaser of the car/s.
Registration
Are you intending to register your car/s under the local statutory authority or provide your own diplomat
plates? Unless one is properly and competently prepared to address any challenges-backlash from the
alleged ‘authorities’ it may be simple and quicker to proceed with the local statutory authority until such time
as one is sufficiently competent to take the giant step to transfer into the private.
Also, if your intention was to sell the new car in the near future it is easier to facilitate the sale with traditional
registration rather than either being unregistered or having your own plates on the car.
In any case, ensure the owner of the car is a separate entity, such as a Trust, in order to protect your
property and your privacy
Ask the dealer to prepare an Invoice (not tax Invoice) for you clearly listing the car/s to be included in the
transaction, the add-ons included, any additional services provided, registration and any other costs so that a
final total price is attained. Having the Contract of Sale is critical because one needs evidence of a liability in
order to use the Promissory Note payment process to discharge the liability. Without evidence of a liability,
the process cannot be performed and the bank is unable to facilitate credits for the delaer without first having
evidence of a pre-existing liability to be discharged.
Prepare your documentation by substituting your details in the areas marker <filed> or <FIELD> in the
attached templates from page 16 including your full name, contact details, address, tax file number, Birth
Certificate number, dates, dealer details etc
Eg
It is suggested that when your documents have been prepared, to deliver them in person to the dealer rather
than by registered post to afford you an opportunity to go over the process one more time with the relevant
person, the accounts manager, CEO, CFO, or principal.
It is sufficient for the dealer to deliver your paperwork to his Bank for processing.
The author suggests, in order to maximize the likelihood of a successful outcome, to either;
1. organize to approach the local bank (by phone or in person) where the dealer has their account with
your dealer or their appropriate account manager so you can instruct the bank manager to direct the
Promissory Note to the appropriate office for processing and mention the 20% surplus amount on the
note is the bank’s commission for processing the note. It ought be a win-win situation. You might
mention that you have 100+ friends who would come to their branch to process similar requests so the
bank could reap significant financial benefits by working with us.
Remember, you only attain what you want when you ask for it. Should the bank manager say he is
unable to effect the processing, ask HIM what similar options might be available so any liability
created in a commercial transaction can be immediately discharged by delivery of a negotiable
instrument or any other ‘private process’ he may be aware of.
2. Contacting the bank by phone and asking at which office their bank effects securitization of negotiable
instruments and whether you might have their contact details as you wish to conduct commercial
business with their bank, then either ask the branch level to process your note or contact the relevant
securitization office directly and effect the process. The advantage in dealing direct with a securitization
office is it bypasses any claim from the branch level that the bank cannot accept a Promissory Note or
effect its securitization and therefore the effect and necessity in ‘holding your position’.
Remember this is a private process within the private section within the banking system and is NOT public
knowledge, nor should it any result you attain from this process be broadcast publically because it will draw
attention to you and UNRAVEL what you have so far already accomplished. i.e. you will be attacked and you
will have your property taken from you through fraud charges and if unsuccessfully defended you may end
up in jail. Keep private what ought be private!
Confirming Progress
Follow the above steps and verify for yourself each step in the process
Use a Trust
As already disclosed, there are several reasons why it is desirable and advantageous to use a Trust to
purchase the car in the name of that Trust, rather than your own name [your entity – legal fiction juristic
person name]. It provides a level of protection against any potential litigation against you personally, as you
are not the owner of the car, a Trust being a recognized ‘entity’ or legal person on par with a ‘person’. It
affords excellent asset protection. You may also wish to protect your privacy.
Do the elite own not ‘control everything but own nothing’? Therein lies the secret to wealth generation!
Treat the Promissory Note as a cheque though legally it is a different kind of security being a two party
instrument as opposed to a three party instrument, as is a cheque, the cheque being a Bill of Exchange.
If dealing direct with the bank, you may deliver the documents below directly to the bank by registered mail.
The author doesn’t advocate this process because of the higher probability the bank will reject the note yet
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a Promissory Note 2nd Edition 21 March 2013
keep the negotiable instrument. If one knows how to hold one’s position, by replying by phone, in person or
in writing, ‘did you not return the note, does retaining the note for longer than 72 hours evidence acceptance,
does action not over ride words’? For a more thorough list of statements that ‘hold your position’ see page
12.
The author advocates you make an appointment with the manager of the bank in order to walk them through,
in transparent manner, the process so by doing so you eliminate any potential claim for fraud as well as
addressing any issue or controversy immediately, while at same time requesting the office that securitizes
the securities.
Inform the manager you want the note securitized and present him the evidence of the liability that enables
you to raise the note. Let him know the 20% credit amount on the note, being above and beyond what’s
required to settle the liability, is a commission to the bank to disperse at their discretion for facilitating the
process and that if they are happy to do so, you can bring much further business to his branch.
The author’s second for-warning: Take Notice: Make it clear to the manager that if the bank retains the
note, it is deemed by all parties that the note was accepted and securitized by the bank, so should the bank
later claim it has not accepted the note or cannot securitize it yet failed to return it, you will make the
allegation of fraud against the bank. You either want performance or recovery of your property, the note. If
the bank manager makes the claim the bank cannot process the note then retain possession of it and
approach the bank at a higher level.
Cannot have it both ways. This is where ‘holding your position’ comes into its own and separates success
from failure.
The securitization process is accomplished by settlement date, a period usually within 30 days.
Alternatively, one can attain a car loan from any finance lender but a Bank lender is preferred as they
understand negotiable instruments, such as Promissory Notes and will know to securitize it. Smaller financial
institutions are less likely to have their own facilities to perform the securitization process, particularly car
dealers. Once you’ve attained your car loan, it is suggested you make monthly payments for the first four
months, so as to deflect any potential claim as to self enrichment when delivering your Promissory Note, and
thereafter deliver a Promissory Note to the Bank lender. The process is more involved and subject matter for
to a third edition of this booklet. Suffice to say the key element to this process is holding one’s position.
Below are examples of two successes from only two cases tried for car loans.
Over riding law: Bills of Exchange Act 1909 (Cth) and Merchant Law
The Australian Bills of Exchange Act 1909 (Cth) (BOE Act 1909 (Cth)) governs commerce within Australia
and is the over riding Commonwealth Law in commerce, only over ridden by the Bankruptcy Act 1966. See
BOE Act 1909 (Cth) S5
Past Results
1. Successes
i) During the course of 2005 two people approached the author for assistance to discharge their
liabilities for their respective car loans. The loans were successfully discharged by deliver of a
Promissory Note in favor of the payee (GE in both cases). One loan was for $2,500, the second was
for $84,000. Regarding the first loan the author is still in possession of a letter from the payee
confessing to have cancelled the car insurance for the amount of the loan. Upon calling the payee, the
clerk answered my question of why the insurance was cancelled, by stating GE no longer had an
interest in the car
iii) As the author has issued about 25 notes to date, there may be other successes that he is unaware of
as the author didn’t receive feedback from a number of recipients of the notes
iv) Until recently the author used other processes to discharge liabilities rather than notes. However notes
are recently being issued again, the outcomes looking favorable but not yet closed.
2. Failures or incomplete
I) A number of notes were issued in 2005 – 2006 to people who had for liabilities against councils.
Although in most cases there was no feedback for the author to report, it is believed the rate liabilities
were not discharged though the author has no reported cases where the note was ever returned. It is
believed failure is due to failure to ‘hold position’ rather than any error, defect or deficiency in the
payment process. The question arises; why would some liabilities be successfully discharged while
others not when using the same process?
II) The author was approached by two people immediately following a weekend workshop in 2008 for
assistance with crating notes to purchase a car each. As the requesters were both brand new to the
process, the author declined their offer. Following this workshop the author withdrew the Promissory
Note module component from further weekend workshop presentations as it was apparent some
people focused more on the ‘commercial’ components, applications and benefits of the workshop than
the education and learning component.
The author’s third for-warning; Take Notice: Money follows competency, not vice versa!
Both requesters thereafter attained notes from an intermediate possessing the author’s templates and
proceeded with the purchase of their new cars through traditional means and thereafter issued the
notes against the lender. Both were tested (we call it ‘backlash’) by their lenders who claimed not to
accept the notes but never returned them. Within 12 months one of the purchasers, under duress by
the lender, police and family, had returned the car to the car dealer and the other had the car
repossessed by the police and fraud charges laid. After another 12 months and lots of legal expenses
the fraud charges were quashed. The moral? Don’t begin a process until you are certain you are
sufficiently competent to settle a purchase and never place oneself in position of being susceptible to
a fraud charge. That includes knowing how to ‘hold your position’.
This process isn’t for beginners!
III) Failure and success: In 2008 a couple who are friends approached one of the big four banks to
investigate the process of securitization of notes and whether the bank, in a private capacity, could
facilitate the process for them. An initial meeting was held, details discussed and another meeting
appointed to permit time for the bank personnel to make necessary investigations. Upon arriving at the
second scheduled meeting, my friends were affronted not only by the banking personnel but by two
Federal police officers. My lady friend asked the bank employee ‘have you not breached our
agreement in regards to this private meeting by bringing along uninvited guests? This meeting is now
terminated.’
Two points:
1. As a result the successful outcome of securitizing a note was not attained in this case because the
process was never completed.
2. This couple showed their competency at successfully holding their position and discharging any
alleged ‘fraud’ claim that may have resulted as well as preventing any future opportunity for self
incrimination by testifying.
iv) In 2009 the author approached in person a car dealership in Brisbane to investigate where the
dealership was interested in trialing the Promissory Note Payment process. That dealership declined
the offer. However the second dealership opposite the first did not!
v) A small number of notes were issued for other liabilities but the recipients were either unable to hold
their position or in some cases where legal proceedings arose, were unsuccessful because the court
doesn’t always operate on a level playing field, particularly when playing in the ‘patch’ of the banking
elite or tax office, and remedy is at times a challenge to attain. The author suggests to avoid legal
proceedings unless one is sufficiently competent in that area or has sufficient financial reserves to
employ competent legal representatives, if any.
The author’s fourth for-warning; Take Notice: Avoid court where possible. Remember, you’re entitled to be
tested by the judiciary and legal system (wasn’t Peter tested three times before the cock crowed? Were the
two ladies claiming ownership over the same baby not tested by Solomon and did Solomon not determine
the real mother by offering them a ‘fish hook’, a test, by stating ‘let’s cut the baby in half and you each can
have half each’ thereby identifying the real mother who thereafter said in a horrified tone ‘no, she can keep
the baby, I don’t want my baby harmed’, thereby identifying the real claimant?) by their, what appear to be,
false claims or ‘fish hooks’ that test and distract you such that you incriminate yourself and assume the
debtor status rather than the creditor status (subject of another book).
The judiciary is entitled to test you to ensure you’re competent in pursuing your remedy. A pretender-debtor,
is not permitted to claim rights reserved for a creditor(man, woman, people). Check your legal dictionary for
the legal definition of ‘person’. It isn’t what you may think it is.
So, unless you’re competent in addressing courts, or have sufficient funds to employ a competent lawyer,
you ought avoid litigation and appearing before any court. That’s a simply process. Any summons you
receive to appear before a court is simply an offer or invitation to attend and can be legitimately accepted or
not accepted by writing across it in bold red writing;
‘I DO NOT ACCEPT YOUR OFFER TO CONTRACT.
REFUSED FOR CAUSE WITHOUT DISHONOUR,
I DO NOT CONSENT TO THIS MATTER PROCEEDING,
SETTLED PRIVATELY,
RETURN TO SENDER’
For the reader’s benefit so the reader is assisted in attaining a level of competency when any ‘challenge’
(we call ‘back-lash’) of the payment process occurs, the author has included an in-exhaustive list of
responses that once learned and internalized, will enable anyone using the Promissory Note payment
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process, or any other of numerous processes, to ‘hold their position’ and successfully achieve the objective
of settlement of the liability and closure of the formerly outstanding account.
Simply delivering payment of the Promissory Note to the payee – creator of the liability will achieve
settlement in a small percentage of cases. Where people fail is in holding their position.
If the reader can learn the simple responses below, success will not only be attained, but the skills learned
and internalized by this whole process will add tremendous commercial value to your skills and is recognized
and rewarded by the marketplace! Happy studying and REHEARSING!
1. You have not paid!
a. Are you claiming the instrument tendered is not a sufficient alternative consideration to discharge the
liability? (Check legal definition of ‘satisfaction’)
b. Have I NOT paid according to the tenor of my acceptance? (S59 & 60 BOE Act 1909) (Remember
you may need to ask the Q 3 X if they don’t answer in the affirmative. After 3 X failing to answer,
YOU have the right to answer for them)
c. Are you claiming the Bills of Exchange Act 1909 (Cth) is invalid and no longer in force or effect?
2. You need to pay with legal tender.
a. Are you claiming the negotiable instrument tendered is not sufficient alternative consideration to
discharge the liability?
b. Did Lord Denning not state: "We have repeatedly said in this court that a bill of exchange or a
promissory note is to be treated as cash. It is to be honoured unless there is some good
reason to the contrary" (Lord Denning M.R. in Fielding & Platt Ltd v Selim Najjar [1969] 1 W.L.R.
357 at 361; [1969] 2 All E.R. 150 at 152, CA)?
c. Are you claiming a PN is NOT legal tender? Do you have some proof?
d. Are you claiming paying by BOE is not valid or is insufficient alternative performance to discharge a
liability?
e. Are you saying a Reserve Bank note is NOT a Promissory Note?
3. We don’t accept your method of payment.
a. You already have!
b. Are you claiming the instrument tendered is not a sufficient alternative consideration or performance
to discharge the liability?
c. Fine, is that not your confession to already having discharged the liability against the drawer?
d. Did you not receive the PN/payment instrument? (YES)
e. Did you not accept something offered? (YES)
f. Did you not assent by your silence, & did you not show your acceptance by virtue of holding it in
your possession for over 72 hours after receiving it?
g. Is the legal definition of acceptance NOT ‘assent, accept, receive, take something offered? (hahaha
DING DONG)
h. Did you not fail to return the payment instrument drawer-maker within 72 hours of receiving it? (Ding
Dong, TOO LATE BUDY to make the claim)
i. Does action not over ride words? (Held onto it for over 73 hours = acceptance)
j. Did you/the payee not FAIL to present it for payment thereby discharging the liability against the
drawer-maker? (S92 & S93 of the BOE Act 1909 (Cth))
11. When will you make payment, what you sent is not payment?
a. Really, do you have some proof to back your claim?
b. By virtue of the payee or agents/employees having confirmed receipt of the ‘delivered’ instrument
was ‘acceptance’ NOT perfected by ‘delivery & Notification’? (BOE Act 1909 S4)
c. Are you claiming the payment instrument-PN delivered was not sufficient alternative consideration to
discharge the liability? (See ‘10’ above)
16. (Judge) We’ve had many of those arguments before the court & they all failed. I don’t believe
that’s a Promissory Note! OR That’s not a Promissory Note!
a. With respect Sir, is the judge permitted to practice law from the bench, I didn’t think so!
b. With respect Sir, are you the plaintiff today? Aren’t you to be impartial & only permitted to be the
neutral administrator?
c. Is that your legal or personal opinion? We don’t give a …… for your personal opinion, with all due
respect ..
d. Is that not a two party instrument showing ‘an unconditional promise in writing made by one person
to another, signed by the maker, engaging to pay, on demand or at a fixed or determinable future
time, a sum certain in money, to or to the order of a specified person, or to bearer ‘ S89 BOE Act
1909 (Cth)
17. (Judge – stated during my author’s attempt in asking him for evidence of claim & nail him) ‘That’s
right, it’s the 3rd & final time & sit down now or I’ll have you removed from the court’)
a. With respect Sir, do I NOT have the floor & are you permitted to threaten me from the bench, isn’t
that a breach of the peace?
20. I have noted your comments concerning the payment that you have sent. I can only assume that you
refer to the promissory note that you have produced which was included with your initial challenge. I can
confirm that we can only accept cash payment of a recognised legal tender of the United Kingdom. As
the promissory note that you have provided, has no legal standing, is not legal tender and is of no legal
monetary value, the Penalty Charge Notice remains unpaid.
a. Will you so kindly sign your claim so you are held accountable and liable for your statement/claim?
b. Thank you for acknowledging my payment!
c. Is the cash payment that you refer to not a Reserve Bank NOTE?
d. Is the BOE Act 1909 definition of NOTES not ‘PROMISSORY NOTES’?
e. Are Reserve Bank NOTES NOT PROMISSORY NOTES?
f. Are you authorized, and if so, how was it derived, to distinguish between different Promissory
Notes?
g. Do you NOT realise that by excluding/rejecting our Promissory Note as payment you also
exclude/obliterate//discredit/make of no effect the entire Australian Reserve Bank notes and
monitory system?
h. Are you claiming the Australian BOE Act 1909 is no longer in force or valid?
i. Are you claiming a Promissory Note is NOT equivalent to cash and once tendered DOES NOT have
to be treated as cash (Lord Denning M.R. in Fielding & Platt Ltd v Selim Najjar [1969])
j. Is acceptance not perfected by delivery and notification? (Bills of Exchange Act 1909 S4?
k. Is it not true that by virtue of the payee or agents/employees having confirmed receipt of the
delivered payment instrument that acceptance has been perfected (Bills of Exchange Act 1909 (4)?
l. Are you claiming you are authorised and licensed to give legal advice?
m. Were you NOT in possession of my payment instrument for more than 72 hours after receiving it?
n. By your confession are you NOT in breach of the NOT NEGOTIABLE contract and therefore the
party in commercial default and dishonour?
21. With regard to your requirement that the holder respond to the mode of the Maker's tender offer within 10
days, I can confirm that we are under no legal obligation to accept any offer of payment within the
timescales that you have presented.
a. Correct, but if you don’t accept the offer of payment, does that not automatically discharge the
liability?
b. By Payee or any employee/s of the payee failing to present the Promissory Note for payment, is the
liability not automatically discharged against the drawer-maker (Bills of Exchange Act 1909 S92/93?
c. Correct and accepted, however would non acceptance not constitute a commercial default and
dishonour?
d. Correct and accepted, however would non acceptance after 72 hours of receiving it not
automatically discharge any liability against the drawer - maker?
e. Did you NOT retain possession of the payment instrument for at least 72 hours of receiving it?
f. Is the contract NOT binding on all parties after 72 hours of the payee receiving it?
22. The Promissory Note you sent us is not a cash payment
a. Correct again, but isn’t a Promissory Note regarded equivalent to cash and to be treated as such?
b. Is it not true that a Promissory Note is equivalent to cash and once tendered has to be treated as
cash (Lord Denning M.R. in Fielding & Platt Ltd v Selim Najjar [1969])?
c. Are you claiming a Promissory Note is not sufficient alternative consideration or alternative
performance to discharge the liability?
Dear <Name>,
I refer to our conversation with you on <day>, <date> regarding the purchase of a certain <car/s brand/s> via
Promissory Note.
As we agreed upon, the contract of sale for aforementioned <car/s brand/s> autos is under the condition that
<CAR DEALER> have been credited the amounts of the purchase price of the accepted autos to <CAR
DEALER’S> bank account once the aforementioned Promissory Notes have been negotiated into your bank
by your solicitor.
The above mentioned Note, attached hereto, is delivered in good faith to the Holder, by the Maker for the
express purpose to discharge all financial obligations and liabilities in full to <CAR DEALER> by way of
‘different performance’ for and on behalf of the Maker.
CAVEAT: the Holder may honour this delivered Note by accepting it in discharge of the liability; the
Holder having authority under the Australian Bills of Exchange Act 1909 (Cth) to negotiate it or the Holder
may Dishonour it and elect to not accept it or to fail to make presentment for payment as directed on the
Note.
In the event you require any further information or assistance, please contact me on <your contact number>
during business hours or at the address at the head of this letter.
By <Your signature>
<Your Title Case Name>
All rights reserved
EIN <tax file number>
Attachments;
A) Original Promissory Note numbered PN<code>
B) Copy of Birth Certificate
C) Copy of License
D) Copy of deed of Trust <If using Trust to purchase car>
E) Original Dealer Contract and Invoice <Contract Number>, <DEALERSHIP>, <This is Proof of
Liability>
F) Notice of Appointment of Fiduciary
<ORIGINAL CONTRACT>
Purchasing a Car Using 16
a Promissory Note 2nd Edition 21 March 2013
<Name> Group Dealer Brisbane <Name> CO. SEAL
Company Brisbane <Name>
Postal Address <Company Name>
<Company Address>
Telephone PH: 07<number>
Email <Email>
Web <Web>
Contract for the Purchase
Of a New Vehicle
Stock No Rego No Vin No Engine No Prod Date Comp Date Fact Order Date
<Other> <amount>
<other> <amount>
<other> <amount>
<other> <amount>
<other> <amount>
Amount to be Financed
LCT – Luxury Car Tax <amount> Balance by Cash/Bank Cheque
_______________________________________ ____________________________________________
TOTAL Purchase Amount <chickenfeed> TOTAL Settlement Amount <chickenfeed>
Terms and conditions and covenants attached to this document form part of this agreement
Redeemable on DEMAND at
<Address of neutral business venue – Coffee Shop, Town, Queensland,
At 9:10 hours without; let, delay, hindrance or ado, on
the <date one week after payment> day of <month, AD <year> By ______________________ Agent
DOE, John HenryReg No <Birth C No>
Witness …………………….............
Memo: Issued pursuant to P.L. 73-10 (See H.J.R. 192 dated June 5, 1933) and/or its Australian equivalent, The Financial Emergencies Acts
No. PN<Code>
Promissory Note for purchase of car from <CARE DEALER> Date <DATE>
Promissory note in the Sum of <One Hundred Thousand Dollars Australian only,
Name of Indorser: ………………… Form and Number of Photo Identification Thumb Print
Redeemable on DEMAND at
<Address of neutral business venue – Coffee Shop, Town, Queensland,
at 9:10 hours without; let, delay, hindrance or ado, on
the <date one week after payment> day of <month, AD <year>
By
<Your Full Name>
Administrator-Executor and
Trustee For <Name of
Trust>. In own right.