Nexus - 0211 - New Times Magazine-pages

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Charlie had grown the best crop on the farm for several seasons and had just commenced harvesting, when AGC's repossession agents decided to pay a visit and take his equip- ment. Charlie had grown the best crop on the farm for several _ tion by a solicitor. seasons and had just commenced harvesting, when AGC's Six months later at the next hearing, Charlie applied for a repossession agents decided to pay a visit and take his equip- _ relief of the rules so as to allow self representation. The ment. court saw fit to not allow this. Charlie's wife, Lorraine was the first to encounter these However, the revised Statement of Claim (reproduced on bullies at the house that afternoon. At the time she was three — page 19) was accepted, and the result was a form of months pregnant. The intimidation and abusive tactics ‘Mexican Standoff" until August 1990. employed by the repossession agents resulted in Lorraine It is worth reading the Statement of Claim, which in suffering a severe haemorrhage. AGC refused to allow the essence declares that Charlie refuses to acknowledge that he machinery to remain on the farm and only allowed its return _ had received any legal tender money of the Commonwealth after a crop lien was signed. This took 2 of Australia. He weeks to happen. Meanwhile, Charlie's prime asserts that the 1,000 acre crop deteriorated dramatically, and |, bank basically " an estimated $100,000 worth of loss was ‘ eats pone "It is the duty of the Board, within ate nen After getting their equipment back, AGC the limits of its Powers to ensure nothing via then returned in 1987, using another firm of h h P li f he B k . book entries. agents. This time the agents were armed. The that the Po icy ot the Bank is You see, se rsurendes dscurent, Whee aussioned ss | cirected to the greatest advantage when an to why the agents were carrying guns in their | Of the people of New South Wales jM *¢vance o 2 we Oe ee “2 a and has due regard to the stability [J to a borrower necessary. This incident received much pub- | and balanced development of the jf ‘"< he ae licity at the time. On top of all this, Charlie " ‘ and Lorraine received a letter from the solici- economy of the State". ledger. ‘No tor representing the Sate Bank of NSW, which money is with- reads as follows: E ~ Section 9(4) of the State Bank of NSW drawn from other people's Dear Sir/Madam deposits like 1 am the Solicitor for the State Bank of we are lead to New South Wales the mortgagee of the believe. The premises "Kerwyn" Daysdale. I am now to take the borrowers put up a mortgage or some other valuable security legal action necessary to obtain vacant possession of the and if the advance is approved an account is opened and you property at "Kerwyn” Daysdale. are allowed to draw cheques to the agreed amount. No cash You are therefore given notice that unless you quit or legal tender changes hands. Cash or legal tender repre- and deliver up possession of the property within twenty sents about 3% of the total money supply in our economy. one (21) days of the date hereof, [26 February 1987] The Reserve Bank Act was set up to give the Reserve steps will be taken to have you ejected according to law. Bank of Australia "Exclusive Power” to issue Australian I would warn you against removing or in any way inter- notes and coins as legal tender. A successful claim against fering with fixtures or fittings on the property as the any other banks for issuing non-legal tender money of the Bank is entitled to same under and by virtue of its mort- Commonwealth of Australia, would have serious ramifica- gage. tions for the whole banking system around Australia. The keys of the dwelling should be handed to the During the ‘standoff’, Charlie and Allan printed up and dis- Manager of the Bank's Corowa Branch. tributed pamphlets and flyers everywhere. Tens of thou- Yours faithfully, sands of copies of the Statement of Claim made by Charlie, we ote plus information on the credit creation rorts rampant in our banking system, made their way around Australia and over- caac see, an Dear Sir/Madam | 1 am the Solicitor for the State Bank of New South Wales the mortgagee of the premises "Kerwyn” Daysdale. I am now to take the legal action necessary to obtain vacant possession of the property at "Kerwyn" Daysdale. You are therefore given notice that unless you quit and deliver up possession of the property within twenty one (21) days of the date hereof, [26 February 1987] steps will be taken to have you ejected according to law. I would warn you against removing or in any way inter- fering with fixtures or fittings on the property as the Bank is entitled to same under and by virtue of its mort- gage. The keys of the dwelling should be handed to the Manager of the Bank's Corowa Branch. Yours faithfully, etc etc seas. When Charlie and Lorraine made their unfortunate plight known via the National Farmer in January 1987, one of its readers, Allan Richard Jones, from Sydney, got in contact with Charlie, and offered his help. Charlie and Allan initiated legal action against the bank in the Supreme Court of New South Wales. They lodged a statement of claim, but under the rules of the Court, they were stopped from continuing with their actions because of technicalities, such as not having a document exchange box within 3km of the Supreme Court. However, the Master of the Court allowed them 28 days in which to lodge a new statement of claim, and suggested that they seek representa- Meanwhile the State Bank of NSW decided to sell Charlie's debt to a recently incorporated company with an asset backing of only $2.00. In Charlie's own words, “They are supposed to have paid one million dollars ($1,000,000) to the Sate Bank for our mortgages and are now claiming that because the Bank had used these mortgages as security upon which there was a debt owing, "they were entitled to the fruits of their labour” and that the debt which the Bank claims as at 19th July 1990 was $1,518,819.00. They then claimed that as new mort- gagees they made a demand for repayment upon us for this amount plus interest at $613.00 per day from the 19th July, NEXUS#17 DECEMBER-JANUARY '93