Tài liệu hạn chế xem trước, để xem đầy đủ mời bạn chọn Tải xuống
1
/ 158 trang
THÔNG TIN TÀI LIỆU
Thông tin cơ bản
Định dạng
Số trang
158
Dung lượng
483,24 KB
Nội dung
YourWorst Enemy
By Jacobus (K) Kotze
Copyright 2013 Jacobus Kotze
Smashwords Edition
Smashwords Edition, License Notes
Thank you for downloading this free eBook. Although this is a free book, it remains the
copyrighted property of the author, and may not be reproduced, copied and distributed
for commercial or non-commercial purposes. If you enjoyed this book, please encourage
your friends to download their own copy at Smashwords.com, where they can also discover
other works by this author. Thank you for your support.
The rich rules over the poor,
and the borrower is the slave of the lender.
Proverbs 22 v 7
INDEX
Specific meaning of words in this book
Chapter 1 A few notes to my readers
The first lesson in life is always paying you first
What happens if you don't pay yourworstenemyyour survival money?
Indemnities
Chapter 2 The South African Legal System - a short overview
The difference between Private Law and Criminal Law
Let us look at the procedures in general which followed in private law cases
Chapter 3 The professional relationship with yourworstenemy based on sincere
mutual distrust
The cemetery principle which you may not know about
Chapter 4 What is debt?
What do we mean when we say "to be legal?"
Let us look at basic contract law to see how the merits of a case are measured.
Personal loan
Overdraft on your check account
Credit card
House loan (Bonds or Mortgage)
Bridging loans
What is fixed term loans?
What is the difference between a secured loan and unsecured loan?
Collateral
Auctions
Lease
Balloon payments & Residual force you to buy a new care every few years
Insurance
Chapter 5 What is a bank? Why do the act like they are above the law
Lifting the corporate veil
The gold card syndrome
What made them so arrogant when it comes to defaulters?
Different acts which yourworstenemy are judged on
Chapter 6 How does the system work for debt collectors?
Where do the debt collectors come from? What is their relationship with the bank?
So how do they collect?
I want you to answer you telephone and not to ignore the situation
The reason why you are reluctant to face these calls is fear.
What is the worst that can happen to you when they call?
Physical punishment or jail or similar?
Humiliation?
Legal action?
Black listing you on the credit buro as a defaulter?
Will it cost you your job if listed as a bad payer?
How do you get rid of a black listing?
About the call
You also need to know how to deal with the sheriff
What is the difference between a letter written "without prejudice" and others.
In duplum rule
Demand original documents
Throw down the gauntlet
Know yourenemy and use his own rules against him
Yeah, so what happens when they do cross the line and become hounds from hell? What do
you do?
Chapter 7 The phycology of a defaulter
Why don't people pay debts?
Do you know how it feels to be treated like something akin to satan?
Chapter 8 Practical Issues
Which approach is the best?
Reducing your exposure
How much is enough money?
Trust funds
Is it possible for a creditor to attach the assets in a trust for your debts?
What is Debt Counselling?
Section 65 Debtors Courts
Acknowledgement of debt
Warrants of execution against movable property
What do you do when the sheriff arrives with a writ?
What happens if they do take the wrong assets?
What happens if you have nothing to attach?
A garnishee order
A warrant of execution against fixed property
Should you return your car when the hound from hell calls you?
So how does the process works?
Can you change your physical address without informing your creditor?
Is a bet legally enforceable in law?
Special summonses
A simple or ordinary summons
A combined summons
A provisional sentence summons
Summons commencing action (in which is included an automatic rent interdict)
Last wills and testaments
Chapter 9 How to negotiate with yourworst enemy
A Settlement Agreement or Contract
How much should you settle for?
The tricks of negotiation
Chapter 10 The consumer protection act
Chapter 11 Final words to my readers
About the author
Contact the author online
Extract from authors' eBook "Mean Streets - Life in the Apartheid Police"
Extract from authors' free eBook "Tricks of Trade - Memories of a Rogue Lawyer"
Specific meaning of words in this book
Thank you for taking the time to read here. Before we continue I need to explain the
meaning of certain words used with boring regularity in the following pages. The list is by
no means complete as I explained the meaning as far as possible in the book as well.
Your worstenemy means your bank or other creditors who you owe money to and is in a
professional relationship based on sincere mutual distrust from day one. This deplorable
lack of trust is seen and explained in this book by the unfair one sided contracts you sign
and reinforced by their constant clamouring for collateral far beyond what is reasonable.
They also have the nasty habit of valuating collateral far below its real value and sell your
assets for a fraction of its real value in times of need. They should be treated with
considerable suspicion.
Hounds from hell mean the debt collectors coming after you when you default on your
repayments. It is not meant to be derogative but descriptive only for the way they keep on
and on and on. It does not imply in any way that they are indeed children of satan for they
are only doing their job and a tough one it is too.
Compounded interest means interest on interest to increase your debt and increase your
worst enemy's record profits even more.
Interest means the fee or extra money paid for the doubtful privilege of borrowing money
as compensation to the lender. It can also be where you are paid interest on your deposit
or investment. The primary source of income for yourworst enemy.
Interest rate means the rate at what interest is charged and added on your repayment.
This is usually limited by law and if not agreed to by contract the rate of 15.5% is
automatically assumed to be the going rate. This is called moratorium interest.
Contract also means agreement. It may be in writing or not but must comply with the
essentials of a contract under law. We deal with what a legal contract is in this book.
He means she. There being no difference in equality of the sexes under law as it should
be. Being a man I usually use the male persona in my books but it is equally applicable on
the tougher sex too.
Singular means plural where needed and vice versa depending on the normal use of the
words contextually.
Push back means to take the fight to yourworstenemy instead of being pushed around by
them all the time. It could also be explained as "claiming your legal rights in defending
yourself against yourworst enemy's attacks on you and your family."
Lawyer means practising attorneys and advocates and I use the word in the general sense
which includes both in the American sense of the word. The author was one for 8 years.
Legal Advisor means a qualified lawyer or company legal advisor but not necessarily a
practising attorney or advocate. The author would qualify for this title if he so chooses but
prefers the term risk expert for his legal consultancy is not only into law which is very
boring for sane people.
Legal Justice has the same meaning as legal Justice taught at law faculties but in this
sense more practical. In other words not some obscure dream but something practical for
the client to correct the wrongs done to him.
I mean me, the author or his legal advisory JKLS Africa. Also referred to as "us or we”.
Law Office means a law firm, a commercial business under the rules and regulations of
the local law society where lawyers practise law for as much fees as possible.
Judge also means a Magistrate. In other words the person who gives the verdict in a trial.
Company also means corporations and or other legal entities including a trust through
which you conduct your business. They will have a company number and tax registered.
Partnership means a partnership between two humans under the common law. Obsolete
since it gives no legal protection it is virtually unknown these days. Interestingly
partnership in South Africa is a common law principle and not in any act from parliament.
Stay away from it as far as possible.
Common law wife means where two people live together as man and wife for a period
longer than six months and have the intention to be man and wife. It is based upon the
common law partnership and has grave consequences on debt. These days it will be
applicable to gay and lesbian relationships also.
Fatherly talk means to sort someone out. It is not always physical but most often that
happened too. Police speak. The same for fatherly interest in someone.
Long haired liberals mean the liberals who took human rights to such ridiculous lengths
that lynch justice are now appearing. Not meant to be derogatory. It is said
[...]... back when yourworstenemy starts to push you around if only to buy time if not for good legal reasons based merits Be assured that yourworstenemy will push you the moment you miss one payment and act without any form of known common decency or restraint against you Your bank is not your friend but yourworstenemy Please repeat this over and over and teach your children this principle of life Your bank... protect yourself legally against yourworstenemy but note with that we include all creditors and not only bank who I call "your worst enemy" In a more political correct way I could have said I will advise you on your legal rights when faced with a cash flow problem and you need time to sort your life out first That sounds so much better but is the same thing I say again when I speak of yourworst enemy. .. money to attend that meeting Yourworstenemy will not go insolvent if it is not paid immediately and you owe him nothing besides money Don't make a mistake You only have a professional relationship based on a sincere lack of mutual trust which I will explain later Your friendly bank (meaning all creditors) is yourworstenemy and not your friend Truth to be told yourworstenemy gets more money out of... in your pocket Yes, that is the average debt load on the normal run of the mill middle class man It is terrible and includes taxes It means Sir you work 11 months a year for yourworstenemy That is close to 90% of your income wasted I can put it differently to you and say your family for whom you work so hard gets 10% of your yearly salary which is very unfair Congratulations You are yourworstenemy' s... Hate it to see an injustice or the weak being bullied And make no mistake, the way yourworstenemy treat their defaulters is scandalous That one arrogant telephone call may cost yourworstenemy millions as my readers gain the knowledge to push back because it created this book and what you read now Perhaps yourworstenemy will learn something but I am not holding my breath for their arrogance is mind... which leaves no marks and are quite effective What happens if you don't pay yourworstenemyyour survival money? The legal process against you will obviously continue but more importantly it gives you a fighting chance to pay them later They can afford to wait and you cannot Big difference! Your family and you come first Yourworstenemy is rather unimportant at this stage Let us talk about this for it... Ironically many are former Police officers and since they are not part of your problems with yourworstenemy they should be treated with respect Chapter 1 A few notes to my readers A few weeks ago I responded to a telephone call from a debt collector (known to me as the hounds from hell) acting on behalf of a bank (known to me as yourworst enemy) who asked me about an incident which happened 15 years ago... unenforceable? How many times is justice denied because of a lack of knowledge on your part? Would it be possible to teach and explain the law in regard to yourworstenemy and debt collectors to you in a short book without becoming so boring that you fall asleep? More importantly do you know what do you do when yourworstenemy starts to push you around? The answer is probably not and a shame that is... (like me) can talk about it with some authority When you decided to push back you will find that many (read most) lawyers are too scared to act against yourworstenemy anyhow They will say they cannot (correctly in law) for they are on yourworstenemy' s panel (meaning they accept blood money from the bank) and thus have a conflict of interest Very true that is but how does that assist you? Surely... goodwill and for what purpose? Are you bribing your way into Africa now? Do you really think your companies will be treated better? Read my book "Tricks of Trade - Memories of a Rogue Lawyer" and apologise for wasting your tax payer's money Then take care of your own people first and stop this nonsense Charity starts at home Your own home and that of your fellow citizens And to the receiving country .
Your bank is not your friend but your worst enemy. Please repeat this over and over and
teach your children this principle of life. Your bank is not your. protect yourself legally against
your worst enemy but note with that we include all creditors and not only bank who I call
" ;your worst enemy& quot;.