'NOTICE OF DEFAULT' ("NOD-MCP")

Transcription

1 L AW F U L C L A I M O F R I G H T O V E R M E T E R P O S S E S S I O N Non-Negotiable 'NOTICE OF DEFAULT' ("NOD-MCP") for alleged Meter Choices Program Date: Registered Mail Number: To: OFFICE OF THE SECRETARY BRITISH COLUMBIA HYDRO AND POWER AUTHORITY et al 333 DUNSMUIR STREET, VANCOUVER, BC V6B 5R3 Attention: CROWN / HER MAJESTY'S GOVERNMENTS LIEUTENANT GOVERNOR IN COUNCIL BRITISH COLUMBIA UTILITIES COMMISSION CORIX UTILITIES Agents, Assignees, & Co-parties Subject: [ Account number(s) ] ALL CAPITALS [ BC Hydro Account Name(s) ] hereinafter called a [ PUBLIC title-name ] For electrical services at:, British Columbia NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT DEFINITIONS 'BC Hydro' means BRITISH COLUMBIA HYDRO AND POWER AUTHORITY, Authority: Crown Her Majesty's Governments and all Principals, Directors, Officers, Employees, Agents, Attorneys, Notaries, Assignees and/or Co-parties. 'LGIC' means LIEUTENANT GOVERNOR IN COUNCIL: LIEUTENANT GOVERNOR / EXECUTIVE COUNCIL 'BCUC' means BRITISH COLUMBIA UTILITIES COMMISSION Authority: Crown Her Majesty's Governments and all Principals, Directors, Officers, Employees, Agents, Attorneys, Notaries, Assignees and/or Co-parties '[ PUBLIC title-name ]' means a 'front'; a straw man; a name variation extracted from a '[ legal person ]'; a third party put up in name only to take part in a transaction; a name variation registered by and on behalf of 'BC Hydro'; but does NOT mean or identify a '[ legal person ]' or 'private owner'. '[ legal person ]' is a THING to which the law gives a legal or fictional existence or personality, with capacity for rights and duties; the only legal person known to Canadian law is the corporation - the body corporate. A 'Certificate of Birth' (security of the person) comprised of name and vitals extracted from an original 'Application for the Registration of a Live Birth'. 'private owner' means in sui juris; lawful, private, flesh and blood man and/or woman living under the common law; with inherent power, authority, right, ability and faculty to do a THING, without receiving that power, authority, right, ability or faculty from another, called unalienable rights which can not be taken, sold, transferred or surrendered under any circumstance. "sui juris" (Latin) means Of his own right; possessing full social and civil rights; not under any legal disability, or the power of another, or guardianship. Having capacity to manage one s own affairs; not under legal disability to act for one s self. NOTICE OF DEFAULT for alleged Meter Choices Program 1 of 5 Lawful Claim of Right Over Meter Possession

2 For the purpose of this notice private owner means, private owner(s) of this Lawful Claim of Right and not necessarily the land title holder(s). DEFAULT FAILURE TO FULFIL A DUTY OF CARE BC Hydro and LGIC did not controvert the statements and claims to the Allegations on the Private Owner's four Notices (see below) by executing and delivering a verified response "point by point", signed by BC Hydro and LGIC with evidence in support. The private owner has received no answers from BC Hydro and LGIC to the Allegations on the Private Owner's four Notices (see below) inclusive, by return registered mail only within the required time period(s). The private owner has seen no proof of claim that BC Hydro and LGIC's alleged METER CHOICES PROGRAM ( MCP ) and ORDER IN COUNCIL NO. 391, DIRECTION NO. 4, TO THE BRITISH COLUMBIA UTILITIES COMMISSION, inclusive of all their words, numbers, marks, symbols, stamps, seals, signatures, definitions and other content, whether on paper, microfiche, digital or other, are not: VOID; null; ineffectual; nugatory; having no legal force or binding effect; unable in law to support the purpose for which they are intended; incapable of confirmation or ratification; and so nugatory and ineffectual that nothing can cure them and believes none exists. ADMITTED ANSWERS ESTOPPEL BY ACQUIESCENCE: BC Hydro and LGIC have affirmed all Allegations of the Private Owner's four Notices (see below), by admitting to the statements and claims by tacit procuration and all issues are now deemed settled stare decisis. BC Hydro and LGIC have accepted my/our two Notices of Fatal Defect and have confirmed my/our Private Owner's Lawful Claim of Right for Electrical Code Compliance and Private Owner's Lawful Claim of Right over Stewardship of Land, by tacit procuration and all issues are now deemed settled stare decisis and indivisible. RESPONSE: BC Hydro and LGIC admit the answer is: YES DEFAULT: BC Hydro and LGIC's failure to respond to the Private Owner's four Notices (see below), is BC Hydro and LGIC's consent to my/our lawful claim of right, and acceptance and confirmation of the 'binding agreement(s) of the parties', as written within the 'Terms & Conditions' of my/our: (1) Notice of Lawful Claim of Right for Electrical Code Compliance ("COR") Terms & Conditions (2) Notice of Default ("NOD") (3) Notice of Fatal Defect to BC Hydro ("NOFD-BCH") Terms & Conditions (4) Notice of Fatal Defect to Lieutenant Governor in Council ("NOFD-LGIC") Terms & Conditions NOTICE OF DEFAULT for alleged Meter Choices Program 2 of 5 Lawful Claim of Right Over Meter Possession

3 AGREEMENT ( Special Contract ) OF THE PARTIES By non rebuttal of COR Allegations 1-30 inclusive, at default estoppel by acquiescence, the COR/NOD agreement of the parties states: "BC Hydro's 'Failure to Fulfil a Duty of Care', has placed BC Hydro in 'Default' to my/our administrative process, Private Owner's Lawful Claim of Right for Electrical Code Compliance and BC Hydro may not argue, controvert, or otherwise protest the finality of the administrative findings in any subsequent alleged process whether administrative, judicial, legislative, Lieutenant Governor in Council approval/order and or British Columbia Utilities Commission review, or other." By non rebuttal of NOFD-BCH Allegations 1-45 inclusive, at default estoppel by acquiescence, the NOFD-BCH agreement of the parties states: 47. "Due to "FATAL DEFECT", BC Hydro's CONTRACTUAL NOTICE for an alleged "Meter Choices Program" and all written content contained therein, addressed to a [ PUBLIC title-name ] are forever "VOID", and of no force or effect, due to omission of facts, failure to respect natural rights, privacy, justice and the rule of law and BC Hydro may not argue, controvert, or otherwise protest the finality of the administrative findings in any subsequent alleged process whether administrative, judicial, legislative, Lieutenant Governor in Council approval/order and or British Columbia Utilities Commission review, or other." By non rebuttal of NOFD-LGIC Allegations 1-34 inclusive, at default estoppel by acquiescence, the NOFD-LGIC agreement of the parties states: 36. "Due to "FATAL DEFECT", the LIEUTENANT GOVERNOR IN COUNCIL alleged 'Order in Council No. 391' and all written content contained therein, are forever "VOID", and of no force or effect, due to omission of facts, failure to respect natural rights, privacy, justice and the rule of law and Lieutenant Governor in Council and or British Columbia Legislative Assembly may not argue, controvert, or otherwise protest the finality of the administrative findings in any subsequent alleged process whether administrative, judicial, legislative, Lieutenant Governor in Council approval/order and or British Columbia Utilities Commission review, or other." MAXIMS 1. All men and women know that the foundation of law and commerce exists in the telling of the truth, the whole truth, and nothing but the truth. 2. It is guaranteed, all men and women shall have a remedy by the due course of law and if a remedy does not exist or if the existing remedy has been subverted, one may create a remedy for oneself and express that remedy within a "Statement of Truth", through lawful notification. 3. Truth, as a valid statement of reality, is sovereign in commerce; an unrebutted "Statement of Truth", stands as truth in commerce; and an unrebutted "Statement of Truth", is acted upon as the judgment in commerce. 4. Ignorance of the law might be an excuse, but it is not a valid reason for the commission of a crime when the law is easily and readily available to anyone making a reasonable effort to study the law. STATEMENTS OF TRUTH 5. The private owner contracts with BRITISH COLUMBIA HYDRO AND POWER AUTHORITY for safe, clean energy provision, using a safe electromechanical meter(s) approved by Measurement Canada and designed to measure ONLY electrical USAGE. Under this electrical usage agreement, all BC Hydro billing statements are paid in full, in a timely manner. 6. The private owner has never entered into any other contract with any branch, division, employee, agent, assignee, subsidiary, contractor related to BRITISH COLUMBIA HYDRO AND POWER AUTHORITY, BC HYDRO, BC hydro, ACCENTURE, CORIX, their Agents, Assignees or Co-parties or other names used by said corporations, for any Smart Metering Program ( SMP ), Meter Choices Program ( MCP ), or any other alleged name. NOTICE OF DEFAULT for alleged Meter Choices Program 3 of 5 Lawful Claim of Right Over Meter Possession

4 7. THE OFFICE OF THE SECRETARY, BRITISH COLUMBIA HYDRO AND POWER AUTHORITY et al, is hereby put on notice that all payments and over payments, whether in past, present or future, are to be allocated to their associated past, present and future electrical charges, which includes only : 'Basic Charge', 'Usage Charge', 'Rate Rider' and their associated 'GST'. 8. The private owner does not recognize any alleged SMP terms and or MCP terms, including but not limited to : 'Old Meter', 'Legacy Meter', 'Legacy Meter Charge', 'Failed Installation Charge', and will not under any circumstance, be punished, fined, charged and or taxed, for detaining and controlling the custody of my/our electromechanical meter(s), as in 'corporeal property' its possession and ownership for my/our private use and enjoyment under my/our undisputed lawful claims of right over electrical code compliance and over stewardship of land. 9. The private owner notes that the BC Hydro Electric Tariff states and confirms in under Conflicting Terms and Conditions that, Whenever anything in these Terms and Conditions is in conflict with any special terms or conditions provided in any Rate Schedule, the terms or conditions provided in the Rate Schedule shall prevail and whenever anything in these Terms and Conditions or in any Rate Schedule is in conflict with the terms of any special contract the terms of such special contract shall prevail. PRECEDENT SET BC Hydro's failure to rebut ALL allegations of its "Meter Exchange / Smart Metering Program and Your Privacy" cited within the Private Owner's Lawful Claim of Right for Electrical Code Compliance and Private Owner's Lawful Claim of Right over Stewardship of Land has put BC Hydro into thousands of defaults (estoppel by acquiescence), and has now 'SET LAWFUL PRECEDENT' for the wilful malfeasance of BC Hydro's actions across the entire province of British Columbia. COMMON LAW MAXIMS For every right, there is a remedy; where there is no remedy, there is no right. Every right when with-held must have a remedy, and every injury its proper redress. An argument deduced from authority great avails in law. The safety of the people is the supreme law. Every man's house is his castle. A contract founded on a base and unlawful consideration, or against good morals, is null. Suppression of fact, which should be disclosed is the same in effect as, wilful misrepresentation. A concealed fault is equal to a deceit. It is a fraud to conceal a fraud. To conceal is one thing, to be silent another. The claimant is always bound to prove: the burden of proof lies on him. Silence implies consent. Acquiescence is agreement. He who does not deny, admits. The laws serve the vigilant, not those who sleep upon their rights. In default of the law, the maxim rules. Consent makes the law. A contract is a law between the parties, which can acquire force only by consent. The agreement of the parties overcomes or prevails against the law. When the common law and statute law concur, the common law is to be preferred. The law is not to be violated by those in government. A mandate of an illegal thing is void. When laws imposed by the state fail, we must act by the law of nature. A maxim is so called because its dignity is chiefest, and its authority most certain, and because universally approved by all. A right cannot arise from a wrong. No man ought to be burdened in consequence of another's act. In the agreements of the contracting parties, the rule is to regard the intention rather than the words. Intentions ought to be subservient to the laws, not the laws to intentions. No one can improve his condition by a crime. No action arises out of an immoral consideration. No action arises on an immoral contract. When form is not observed a nullity of the act is inferred. A contract cannot arise out of an act radically wrong and illegal. To refer errors to their origin is to refute them. NOTICE OF DEFAULT for alleged Meter Choices Program 4 of 5 Lawful Claim of Right Over Meter Possession

5 I am/we are,, in sui juris, of the family(s). I/We continue to invoke my/our Private Owner's Lawful Claims of Right and further invoke my/our right NOT to be designated as a [ legal person ] or [ PUBLIC title-name ] and deny consent to contract for a smart meter (of any kind). Writer / private owner Without Prejudice, Without Recourse, and "Reservation of all Unalienable Rights" Witness #1 Without Prejudice, Without Recourse, and "Reservation of all Unalienable Rights" Witness #2 Without Prejudice, Without Recourse, and "Reservation of all Unalienable Rights" NOTICE OF DEFAULT for alleged Meter Choices Program 5 of 5 Lawful Claim of Right Over Meter Possession