Are you sure?
Are you sure they are ignoring you? Could they be agreeing with you instead but you just don’t know it?
There’s nothing better than an opposite party ignoring my process, as I will want to make sure that by non-response and/or non-performance the stipulations in my contract come into play.
I frequently see people complain that their correspondence is ignored or the opposite party simply sends the standard proforma response without addressing the points raised – this is not surprising, expect it. As a result, some people try a whole gambit of mixed processes, letters, “No Contract, return to sender”, case law etc, all the while undermining their original points raised, which if they are reasonable are worthy of a response. You just lost your contract right there.
Soon, a court summons is received and that sinking feeling starts to set in and the last minute call for help is posted with 2 days before the court hearing. Sound all too familiar?
The opposite party most likely understands law forms, that is, the processes and form used to make legal process happen. They are hoping you don’t. They will hope you don’t understand how to write processes, or know about 3rd party presenters (eg the exception to the hearsay rule), to bring law into the court, or how to write a proposed motion, to name a few. Hence, if your counter-offer (conditional acceptance) is related to the issue at hand, then it is reasonable to expect a response that addresses the points raised. Your contract should stipulate that a non-response should mean agreement between the parties. You probably want to bring that agreement into court at some point to show that there is agreement between the parties.
Many miss the basic steps when engaging with an opposite party. Your mission is to form an agreement with the party as quickly as possible. That may be thru a conditional acceptance, a payment of some form etc, either way, your correspondence is going to lock the opposite party into an agreement and their non-response is going to enforce your offer.
Your correspondence should list out the stipulations that come into play by non-response or not responding point by point to the conditions set forth. An affidavit is usually the best form to use with a cover letter that the opposite party needs to respond to. Failure to respond means agreement to your terms. A court can only enforce the record between the parties – not make it up.
You will want enough time to learn and run a process which will usually consist of a 3 step administrative process in order to gain an administrative agreement (public side example). Processes that do not use 3 steps are questionable since due process is not necessarily present thus not giving the opposite party enough time to respond.
There’s a very simple set of rules to follow:
- Everything addressed to your person is an offer to contract, almost nothing is addressed to you including offences and charges
- Always remain in honour by responding in a timely manner
- You and your person are two different entities, don’t mix them up. You have all the power to bring resolution – learn how to do it using administrative processes and the power of the creditor
- The opposite party will attempt to throw you off your game – another test, expect it
- Never argue! Adjudicators are required to settle arguments, therefore conditionally accept
There’s plenty of resources, audios, templates out there…the real key is a mindset that only you can change.