Checking accounts

Open Accounts Closed checking account

(open for) (still open for)
----------------- ----------------------

Debit and Credit Discharge and Set-off

This is why the efts work.. because the accounts are still open for setoffs
and discharges.
And why banks are keen for you to return, their checks and cards back after the
accounts are closed, (well the staff dont know why, but those in higher positions
probably know what the real reason is)

Sometimes the banks will process EFTs as cheques, which they shouldnt as they are EFT
instruments.

The EFT instrument clearly state

DO NOT DEPOSIT
For Discharge of DEBT

What happens if they are treated as deposits or processed as checks?

What does writing FOR DEPOSIT ONLY on a check do?

http://wiki.answers.com/Q/What_does_writing_FOR_DEPOSIT_ONLY_on_a_check_do
When you deposit a bank check or money order etc. and you write the words FOR
DEPOSIT ONLY below your name and account number on the back of the check you are
telling the receiving bank that you want the entire amount of the check to be deposit into
your Checking and/or into your Savings account and that you are not to receive any of
the funds from that check until it fully clears and the funds are fully available in
your respective account.
Also by writing FOR DEPOSIT ONLY on the back of your check you are protecting
yourself in the event the check gets lost or stolen because anyone who finds the check
will not be able to cash it or deposit it into an account other then your own.

Note:
So when the check is not for DEPOSIT, the funds are immediately available, especially
when the instrument is marked DO NOT DEPOSIT
(dont expect them to treat the instrument as an eft though, some will some wont)

And this is the simplicity of it:

My mortgage was lawfully discharged with EFT legal instrument

http://www.justanswer.com/law/6a1ug-mortgage-lawfully-discharged-eft-legal-
instrument.html
(a) If tender of payment of an obligation to pay an instrument is made to a person
entitled to enforce the instrument, the effect of tender is governed by principles
of law applicable to tender of payment under a simple contract.

The good part

Because theyve processed the payment, theyve accepted it, full stop, the instrument
is clearly stating what it is.

If you are paying a third party, it is always a good idea to offer them the affidavit of fact
so that they can collect payment if the bank / post office processed it as a check. (instead
of as an eft) Also be wary of accepting blanket statements from third parties such as it
was reversed, you do not know what their relationship is with their bank!!!!!

How the basic process works (this similar Fred and Ninas process from setoffdebt.com,
and simpler, the reason being that using a Notary for document sending can become
costly, Fred and Nina are using this for mortgages, for the time being I only recommend
small bills for anywhere other than America.
And also recommend listening to Fred and Ninas audios so you comprehend the basics

These are some of the ways to tender the EFT for lawful discharge.
(Im not going to put these instruction in this document, just give the basics, of different
ways to tender for now)
@@@@@@
1. If you are discharging a debt to your own bank, send the completed eft instrument to
the bank recorded delivery. When you send it, get the recorded delivery number and put it
on the instrument and mark it: CERTIFIED: (recorded delivery number)
Take a photo of the instrument front and back, put it in the envelope, seal it and send.
(Some have stated to put the account number on the front of the envelope as it becomes
special delivery)
The day they receive it, you do an affidavit of fact get a commissioner for oaths to
witness it, and send this recorded delivery also. Look up a commissioner for oaths for
wherever you are, there is basic charge for witnessing documents.

http://commissioner-for-oaths.com/
The types of person who is appointed to this office are now all practising qualified
lawyers. This has changes from time to time but the current list of automatic
appointments are:

Barristers
Solicitors
Notary publics
Legal Executives (Fellows only)
Licenced Conveyancers

The Affidavit of facts should include colour copies of the instrument front (including the
delivery code number) and back and the receipt number, you should always include
wherever the commission for oaths witnessed, that their commission is current
This protects you against any that are operating fraudulently and they purger themselves
rather than involving you.

So its basically,
1. tender the eft, 2. send in the affidavit of fact certified.
3. wait to see what happens, and respond accordingly.

2. The second way, is to use the post office to pay a debt oweing,
Take the instrument to the post office, for example if you are paying it to a specific bank
account, they will give you an envelope to put the eft instrument in. (take photos or scan
front and back, so you have copies). Important!!!! get the receipt from the Post Office.
The instrument in this case has been tendered and the Post Office is a witness to the
tender of payment and you have a receipt to prove it. Scan or photograph the receipt and
include this in your affidavit of fact. (it is a good idea to give a copy of this affidavit of
fact to whoever you tendered payment to, this is so they can collect the funds owed to
them by the bank, if their bank accepted payment, but processed the instrument
incorrectly, it is not your fault, nor is it whoever you were paying, however due to their
ignorance they may not even want to accept it, as they may think that payment was
reversed when in fact all that may have happened is it was processed incorrectly and the
bank needs to make payment to them)
 3. HOW to tender payment directly to the post office, this is by far the most
simplest way to get acceptance of payment.
At the back of statement, some of these state, you can make an instrument
payable for example to POST OFFICE Ltd, (bear in mind that checks can also be
processed electronically, however this does not make them EFT instruments in the
way theyve been presented or tendered)
they accept the tender of payment
This means
immediately!!!!
They will process it straight away, if you make the instrument payable to for
example POST OFFICE LTD, read your statements, and see if your post office
company accepts payments direct to them (it is not for you to instruct them
verbally how to process payments, they are trained to do this, simply offer the
instrument and they should do the rest)
Scan or take a photo of the EFT instrument: front and back before you go to the
post office.
They give you a receipt, for the amount.
THATS IT, THEY Just Accepted the instrument and you have a receipt to
prove it.

Now you do an affidavit of fact, witnessed by a commissioner for oaths, and state
in there that payment by EFT instrument was accepted by the post office.
Its that simple.

______

The affidavit of fact will be key in all this, and so will any of their responses.
They will vary depending on which process you are using,
Fred And Nina have some great rebuttals, in their letters so do have a look at
those.

EFTs have a very small time frame in which they can send the instruments back,
however they can only cite the defects in the instrument for corrections, and if
they return the original instrument back without citing defects, theyve
discharged any debt owed.

If you no longer have any checks, you can buy check paper and write your own, using
the correct account numbers,
Basic Checklist
1. Always check the sort code / routing number / bsb number is working before doing this

U.K.
sort code checker
http://www.paymentscouncil.org.uk/resources_and_publications/sort_code_checker/

U.S.
routing number
http://www.routingnumbers.org/

Australia
BSB number
http://www.bsbnumbers.com/

4. If you are discharging a debt, that the debt is still with the bank in question, if you
are discharging this kind of debt.

5. you have listened to at least these basic Fred and Nina audios:

fred and nina

http://www.4shared.com/folder/Uz0l9AwT/FRED_and_NINA.html
These 4 are huge files and very long, but will give you some basics

Fred and Nina Advanced EFT Seminar from April, day 1

http://www.4shared.com/mp3/oj5DVi33/Fred_adn_Nina_Adv_EFT_Apr_1_20.html
http://www.4shared.com/mp3/Ay4eo4GV/Fred_and_Nina_Adv_EFT_Apr_1_20.html
http://www.4shared.com/mp3/8ceVVE7x/Fred_and_Nina_Adv_EFT_Apr_1_20.html
http://www.4shared.com/mp3/g5s4oYTp/Fred_and_Nina_Adv_EFT_Apr_1_20.html
http://www.4shared.com/mp3/EnRrngup/Fred_and_Nina_Adv_EFT_Apr_1_20.html

5. Look up the words they are using for their eft process, this will help the concept come
together.

6. Practise makes perfect, use the POST OFFICE, it is a very powerful tool.