BILL Template

BILL Template

Postby js42uk » Mon May 30, 2011 10:36 am

Can some kind person point me in the direction of a template for a bill please?

I have a solicitor that has activated my fee schedule and i want to send him a bill but i have lost my original template.

Kind regrds.

Jon
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Re: BILL Template

Postby pedawson » Mon May 30, 2011 1:25 pm

This may help you to get started it is a previous post on BILL of exchange and explains the process and meanings.


huntingross wrote:We all research the things that are important and close to us, and leave other things to the side....perhaps until we're ready....etc etc.

I got myself into a twist with Bills of Exchange last night and having paid attention to other aspects in my recent journey, it is time for me to focus on this, and try and get one thread on the subject to help myself and others.

This stuff is out there, mostly what I'm doing is bringing it together and showing where the terminology is interchangeable.

The relevant Statute is the Bills of Exchange Act 1882

A Bill of Exchange is a Negotiable Instrument.

From the Act :

3. Bill of exchange defined. — (1) A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.


The best description I found of what a Bill of Exchange is :

bill of exchange n. a writing by a party (maker or drawer) ordering another (payor) to pay a certain amount to a third party (payee). It is the same as a draft. A bill of exchange drawn on a bank account is a "check."


A bill of exchange is defined to be an open letter of request from, and order by, one person on another, to pay a sum of money therein mentioned to a third person, on demand, or at a future time therein specified.


The person (A) writing the Bill is the person that wants to settle a debt for example.

He orders another party (B) to pay an amount of money "sum certain" to a third party (C) on demand or at a fixed future date.

A) Is the first party, the "maker" or "drawer".
B) Is the second party, the "payor" or "drawee".
C) Is the third party, the "payee" or holder or bearer.

The parties to a bill of exchange are :
The drawer, or he who makes the order;
The drawee, or the person to whom it is addressed;
The acceptor, or he who accepts the bill;
The payee, or the party to whom, or in whose favor the bill is made.
The indorser, is he who writes his name on the back of a bill;
The indorsee, is one to whom a bill is transferred by indorsement; and
The holder, is in general any one of the parties who is in possession of the bill, and entitled to receive the money therein mentioned.


A bill of exchange is distinguishable from a promissory note, since it does not contain a promise and the drawer does not expressly pledge to pay it. It is similar to a note, however, since it is payable either on demand or at a specific time.

The terms bill of exchange and draft are synonymous; however, the former is generally used in International Law, whereas the latter is used in the Uniform Commercial Code.

A bill of exchange drawn on a bank account is a "check." (Interesting spelling for those into word play - I would write cheque).

So I for example would write a cheque, in effect ordering the Bank to pay the "bearer or holder" or a specific named person a certain fixed amount of money "sum certain" either on demand or future fixed date.

However from the second quote above, the Bill can also be an open letter of request and order from (A) to (B) to pay (C).

This is why you can write "cash" on a cheque so that the "bearer or holder" can present the cheque for payment. This person may not be the person that you originally gave the cheque to. This may have been passed on in payment of a third party debt etc.

--S--

A signature on a Commercial Paper or document is an Indorsement (Endorsement)

An indorsement on a negotiable instrument, such as a check or a promissory note, has the effect of transferring all the rights represented by the instrument to another individual. The ordinary manner in which an individual endorses a check is by placing his or her signature on the back of it, but it is valid even if the signature is placed somewhere else, such as on a separate paper, known as an allonge, which provides a space for a signature.


endorsement (indorsement) n. 1) the act of the owner or payee signing his/her name to the back of a check, bill of exchange, or other negotiable instrument so as to make it payable to another or cashable by any person. An endorsement may be made after a specific direction ("pay to Dolly Madison" or "for deposit only"), called a qualified endorsement, or with no qualifying language, thereby making it payable to the holder, called a blank endorsement. There are also other forms of endorsement which may give credit or restrict the use of the check. 2) the act of pledging or committing support to a program, proposal, or candidate.


--S--

From the Act ;

Inchoate instruments.— 20. (1) Where a simple signature on a blank . . . F1 paper is delivered by the signer in order that it may be converted into a bill, it operates as a prima facie authority to fill it up as a complete bill for any amount . . . F1 , using the signature for that of the drawer, or the acceptor, or an indorser; and, in like manner, when a bill is wanting in any material particular, the person in possession of it has a prima facie authority to fill up the omission in any way he thinks fit.


Yes you read that right, If you deliver a signed blank piece of paper for the purpose of converting it to a Bill, you are authorising the person in possession of it to fill it out for any amount he thinks fit. Notice there is no direction given to the source of the remuneration (the drawee), the paper is blank, save for the signature.

--S--

--DON'T READ THIS NEXT BIT UNTIL YOU'RE READY - OTHERWISE IT IS LIKELY TO GO RIGHT PAST YOU--

When a bill is made payable to a fictitious person, and indorsed in the name of the fictitious payee, it is in effect a bill to bearer, and a bona fide holder, ignorant of that fact, may recover on it, against all prior parties, who were privy to the transaction. In a case where the drawer and payee were fictitious persons, the acceptor was held liable to a bona fide holder.

The form of the bill. The general requisites of a bill of exchange, are :
1. That it be in writing.
2. That it be for the payment of money, and not for the payment of merchandise.
3. That the money be payable at all events, not depending on any contingency, either with regard to the fund out of which payment is to be made, or the parties by or to whom payment is to be made.

The particular requisites of a bill of exchange. The several parts of a bill of exchange are :
(no particular form or set of words is necessary to be adopted. An order " to deliver money," or a promise that " A B shall receive money," or a promise " to be accountable" or " responsible" for it, have been severally held to be sufficient for a bill or note.)
1. That it be properly dated as to place
2. That it be properly dated as to the time of making. As the time a bill, becomes due is generally regulated by the time when it was made, the date of the instrument ought to be clearly expressed.
3. The superscription of the sum for which the bill is payable is not indispensable, but if it be not mentioned in the bill, the superscription will aid. the omission.
4. The time of payment ought to be expressed in the bill; if no time be mentioned, it is considered as payable on demand.
5. Although it is proper for the drawer to name the place of payment, either in the body or subscription of the bill, it is not essential; and it is the common practice for the drawer merely to write the address of the drawee, without pointing out any, place of payment; in such case the bill is considered payable, and to be presented at the residence of the drawee, where the bill was made, or to him personally any where. It is at the option of the drawer whether or not to prescribe a particular place of payment, and make the payment there part of the contract. The drawee, unless restricted by the drawer, may also fix a place of payment by his acceptance.
6. There must be an order or request to pay and that must be a matter of right, and not of favor. But it seems that civility in the terms of request cannot alter the legal effect of the instrument. "il vous plair a de payer," is, in France, the proper language of a bill. The word pay is not indispensable, for the word deliver is equally operative.
7. Foreign bills of exchange consist, generally, of several parts; a party who has engaged to deliver a foreign bill, is bound to deliver as many parts as may be requested. The several parts of a bill of exchange are called a set; each part should contain a condition that it shall be paid, provided the others remain unpaid. The whole set make but one bill.
8. The bill ought to specify to whom it is to be paid. When the name of the payee is in blank, and the bill has been negotiated by indorsement, the holder may fill the blank with his own name. It may, however, be drawn payable to bearer, and then it is assignable by delivery.
9. To make a bill negotiable, it must be made payable to order, or bearer, or there must be other operative and equivalent words of transfer. If, however, it is not intended to make the bill negotiable, these words need not be inserted, and the instrument will, nevertheless, be valid as a bill of exchange. In France, a bill must be made payable to order.
10. The sum for which the bill is drawn, must be clearly expressed in the body of it, in writing at length. The sum must be fixed and certain, and not contingent. And it may be in the money of any country. Payment of part of the bill, the residue being unpaid, cannot be indorsed. The, contract is indivisible, and the acceptor would thereby be compelled to make two payments instead of one. But when part of a bill has been paid the residue may be assigned, since then it becomes a contract for the residue only.
11. It is usual to insert the words, value received, but it is implied that every bill and indorsement has been made for value received, as much as if it had been expressed in Totidem Verbis [In so many words].
12. It is usual, when
The drawer is debtor to the drawee, to insert in the bill these words "and put it to my account" but
The drawee is debtor to the drawer, to insert in the bill these words "and put it to your account" and
Where a third person is debtor to the drawee, it may be expressed thus "and put it to the account of A B"
but it is altogether unnecessary to insert any of these words.
13. When the drawer is desirous to inform the drawee that he has drawn a bill, he inserts in it the words, "as per advice;" but when he wishes the bill paid without any advice from him, he writes, "without further advice." In the former case the drawee is not authorized to pay the bill till he has received the advice; in the latter he may pay before he has received advice.
14. The drawee must either subscribe the bill, or, it seems, his name may be simply inserted in the body of the instrument.
15. The bill being a letter of request from the maker to a third person, should be addressed to that person by the Christian name and surname, or by the full style of their firm.
16. The place of payment should be stated in the bill.
17. As a matter of precaution, the drawer of a foreign bin may, in order to prevent expenses, require the holder to apply to a third person, named in the bill for that purpose, when the drawee refuses to accept the bill. This requisition is usually in these words, placed in a corner, under the drawee's address: " Au besoin chez Messrs. - at -," in other words, ((In case of need apply to Messrs. at -. "
18. The drawer may also add a request or direction, that in case the bill should not be honored by the drawee, it shall be returned without protest or without expense, by subscribing the words, " retour sans protet," or " sans frais;" in this case the omission of the holder to protest, having been induced by the drawer, he, and perhaps the indorsers, cannot resist the payment on that account, and thus the expense is avoided.
19. The drawer may also limit the amount of damages, by making a memorandum on the bill, that they shall be a definite sum; as, for example: "In case of non-acceptance or non-payment, re-exchange and expenses not to, exceed dollars."
Don't be surprised to discover that luck favours those who are prepared
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Re: BILL Template

Postby js42uk » Mon May 30, 2011 5:38 pm

Yes i have read that...and good info it is but a template would be really helpful to ensure i am getting it right.

Thanks for the reply.
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Re: BILL Template

Postby john10001 » Thu Jun 02, 2011 11:34 pm

Fascinating info there on cheques. Or is that checks?

One thing I've always wondered, on cheque books we get from banks here in the UK, they are all crossed as Account payee only I believe meaning that only the payee can cash them and they can not be endorsed. Is this correct? If so, is it possible to get cheques that can be endorsed and has anybody ever had one or used one that has been endorsed? I believe it would effectively become just like writing your own money (or should that be debt???) but for any amount. I guess it would have to leave the drawees account straight away to be endorsed like this and carried around and passed on just like regular fiat notes?

Regarding making a bill, I have done something similar recently as a certain corporation activated my fee schedule for sending me junk unsolicited mail after I had told them not to years previously. I simply created something in a language that most companies understand "an invoice" and sent it to them. Even though my original fee schedule was payable immediately I gave them a month as payment terms. It has not reached that due date yet and nor have I received any payment. Will be interesting to see what happens but it is exactly like an invoice any company would get. In the description I just put something along the lines of storage, process and return of unsolictied material. I suspect it may have caused them a number of man minutes dealing with that and if no payment is forthcoming they will get certified copies sent with overdue stamped on in red ink :grin:

I also still have a copy I received back from them years ago acknowledging my fee schedule and agreement not to send me any more cr&p. I am pretty sure that it is against some postal regulations for them to keep doing this after you have requested they stop. The unfortunate thing is that the MPS service doesn't allow you to register as "The Occupier". I wonder if they will change their minds if I change my name to The Occupier? :grin: That would surely force them into altering the script on their website otherwise it would be discrimination against people called The Occupier.
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