Turning Fraudulent Debt into a Commercial Injury Claim

Re: Turning Fraudulent Debt into a Commercial Injury Claim

Postby city boy 5705 » Tue Aug 25, 2009 1:56 pm

i Agree !!
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Re: Turning Fraudulent Debt into a Commercial Injury Claim

Postby rodgreenwell » Wed Aug 26, 2009 8:34 am

Mr Frodo.... thanks for that.. :yes: thought that would be the case having now read a couple of other posts... :grin:

Freeman Michael... again my thanks for a most excellent post :clap: your comments, skill, knowledge and endeavours in not just researching this stuff but also making it available is :saint:

Having gone through a couple of Notarial Protests, (similarities in some documents) although the process and methodologly is a little different, can I ask the following:
1. With the conditional acceptance notice (the first document to be sent) what would be the reasoning for either sending or not sending an affidavit in support of the notice? From my research, (OK not as extensive as yours for sure) I can see merit in sending an affidavit from the get go....
2. As an earlier post: In the case of the mortgage loan... How would you cover: (1) the return of the title deeds of the property, (2) return of all monies paid to date in the fraudulent mortgage loan, (3) gain title lodged at land registry.

Maybe I have missed something here (slow learner :blush: ) so will be happy for all comments...

Once again, my deepest heart felt thanks,
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Re: Turning Fraudulent Debt into a Commercial Injury Claim

Postby The Freeman-on-the-Land known as Michael » Wed Aug 26, 2009 9:43 am

rodgreenwell wrote:Having gone through a couple of Notarial Protests, (similarities in some documents) although the process and methodologly is a little different, can I ask the following:

1. With the conditional acceptance notice (the first document to be sent) what would be the reasoning for either sending or not sending an affidavit in support of the notice? From my research, (OK not as extensive as yours for sure) I can see merit in sending an affidavit from the get go....
2. As an earlier post: In the case of the mortgage loan... How would you cover: (1) the return of the title deeds of the property, (2) return of all monies paid to date in the fraudulent mortgage loan, (3) gain title lodged at land registry.


To answer your questions Rod:

1. Every matter is unique and there is more than one way to discharge a fraudulent debt. Having said that, in my own experience I have found that an affidavit seems to be more effective if the facts are first established by notices which ask the right questions and express the penalties for dishonour, which can then be filed as supporting evidence for said affidavit. Otherwise, it is much easier to end up in a situation where it is your word against that of a highly paid professional liar.

2. (1) & (3) Research the Forms & Publications at http://www.landregistry.gov.uk/, and in particular, forms ID1, HR1, AN1, UN1, ST1, AP1, RX1 and ADV1, as well as Practice Guides 19 and 24. I have 2nd hand knowledge of two properties that have recently been saved from the jaws of repossession using a combination of these forms. (2) The monies you had extorted from you under fraud can be expressed in the notices and affidavit. In my view, treble the total of the alleged loan, plus the alleged loan itself, should pretty much cover everything, but that is not to say that the extorted payments cannot be added or itemised.

Hope this is of some help.

Peace
Nothing, except the truth, is like it seems to be.

All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
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Re: Turning Fraudulent Debt into a Commercial Injury Claim

Postby rodgreenwell » Wed Aug 26, 2009 11:08 am

Thanks Michael,
As always your thoughts and wisdom are very much appreciated.
Will visit and research the land registry stuff (bed time reading for insomniacs!) over the next few days...
I will be taking on the mortgage company next week after a lot more research and of course re-reading your posts and methodology.
Thanks again
Rod
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Re: Turning Fraudulent Debt into a Commercial Injury Claim

Postby Oshun » Thu Aug 27, 2009 2:32 pm

“Lien on, lien on… Oshun’s adventure in Court” .

Part One.


Greetings to all,


What follows here is an account of my appearance yesterday in Nottingham County Court over a repossession hearing brought by the Badfume and Bungley PLC on my home for an invalid claim of £30,000 of nothing, including £1300 in imaginary mortgage arrears. I offer no apology for its length as my intuition tells me this may be of interest and use to others in similar positions.

Background: a total of 19 Notices, going back to January 2009 , has been served on Richard Dym (sic), the CEO of said professional extortionists. As we are all aware by now, the bureaucratic bunglers tend to ignore the notices – a response in early March stated that as far as they were concerned, the matter was closed and that they would stand by the comments of a letter dated 25th February 2009 – a foolish stance as it means they are choosing to remain in ignorance whilst this brain soaks up more knowledge and I happily engage in a process that with each step screws down the coffin lid on their skullduggery a little more securely.

Now, here are the documents that have been served on the CEO – mistakes/ommissions have been made but for me this has been a tennis match and, like many, I welcome every aspect of the game, as all experiences are to be learned from - setbacks, breakthroughs, confusions – whatever comes up.

1. Notice of receipt of statements for the above accounts (22/01/09).
2. Notice of Non-Response to Notice1 (12/02/09)
3. Notice of Third Request for Clarification (26/02/09)
4. Notice of Extension for replying to claims of 1., 2. and 3 above (10/03/09)
5. Notice of Letter from Bradford and Bingley and request for further information (24/03/09)
6. Notice of Understanding, Claim of Rights and final request for clarification (28/04/09)
7. Notice of Default Judgment and Irrevocable Estoppel by Acquiescence (14/05/09)
8. Notice of Copyright and User Agreement and request for title deeds to property (29/05/09)
9. Notice of dishonour and denial of consent to agent’s visit (8/06/09)
10. Notice of Invoice and Charges for Contractual Fraud Committed by the Bradford and Bingley plc on Claimant (22/06/09)
11. Notice of Conditional Acceptance of offer to attend Nottingham County Court Hearing (27th July)
12. Notice of Conditional Acceptance (5th August)
13. Notice Requesting Adequate Assurance of Due Performance (5th August)
14. Notice of Dishonour and Opportunity to Cure (13th August)
15. Notice of Dishonour and Opportunity to Cure (13th August)
16. Notice of Dishonour (20th August)
17. Notice of Dishonour (20th August)
18. Notice of Lien Interest (20th August)
19. Affidavit of Obligation – the Notarised Commercial Lien served on CEO 26th August)

As is clear, this has been a long game – I explained to them in February that I wouldn’t be paying them until they furnished me with the required information as only an imbecile would pay out when there were so many doubts about the validity of the loan contracts etc - but with the latest information from the redoubtable Michael of Zeitgeist fame, it should be clear that there is now more streamlined approach for those who wish to do the research, achieve the understanding and want to play. You’ll see that numbers 12 through to 19 form the process that Michael has shown on this forum.

Now, the fact is that all along, I have stressed that any moneys I lawfully owe the BnB will paid upon them answering the contractual and accounting questions we should by now be familiar with. The hearing is further evidence of their ignorance and dishonour and I made this clear in Notice 11 –



[color=#40BFFF]Notice of Conditional Acceptance of offer to attend Nottingham County Court Hearing.

Claim Ref: XXXX

(In care of)XXXX
Snottingham
Near [NgX 6XX]
27th July, 2009.

cc.Snottingham County Court; Richard Pym, the man acting as CEO, BRADFORD AND BINGLEY PLC; DRYDENS LAWERS of Bradford; Baroness Scotland, the Attorney General.
To all concerned parties, I, Oshun: of the Rising family hereby notify all concerned parties that as there is now a perfected Notice of Understanding, Intent and Claim of Right* in place with Mary Alexandra Elizabeth Windsor, the woman acting as the Queen of the United Kingdom, all levels of the Government and the Law Society and that said Notice makes clear that it is my understanding that all courts are de facto and I claim the right to call a court de jure should I need to be heard under Common Law, it occurs to me that this matter between the Claimant and the Defendent may well be beyond the jurisdiction of Snottinghamshire County Courts. For I, Natural Man, as the Divine is my Witness, am operating under Common Law, the Law of the Land. May I take this opportunity to remind you of the Maxim, “All are equal under the Law”
(God’s Law—Ethical and Natural Law). (Exodus 21:23-25; Lev. 24:17-21; Deut. 1:17, 19:21; Matt., 22:36-40; Luke 10:17; Col. 3:25. Legal maxims: “No one is above the law.”; “Commerce, by the law of nations, ought to be common, and not to be converted into a monopoly and the private gain of a few.”

As I am an honourable, living, breathing blessed soul and man and it is my understanding that were I to attend the Nottingham County Court, then said Court would attempt to overrule my Common Law Rights and act on me as a fictional person, this has to be a conditional acceptance of the offer to attend the hearing. Furthermore, I am concerned that I cause neither dishonour nor offence, as it is my understanding that it is dishonourable for a man to step into a Court unless he is bonded. Whereas the Judge and Attorney would be bonded, I would not and so, without causing any dishonour, would have to decline unless written proof were provided that this is not so. Therefore, I conditionally accept the offer to attend the hearing on August 26th 2009 but only if the following terms and conditions can be guaranteed, in writing, under Oath or attestation, upon full commercial liability and penalty of perjury.

1. The Court guarantees that the Judge will be acting on his oath and said oath will be duly noted by the Court. YES/NO
2. That no agent of the Court , from the top, down, will attempt to address me as ‘Mr’ as I have made clear that it is my understanding that this is the title of a fictional corporation and I am a living, breathing, blessed living soul. YES/NO
3. That I will enter the Court with all my unalienable Natural rights intact.YES/NO
4. That the Court will deal only with the facts of the matter.YES/NO
5. That the Court agrees that the bond is there to indemnify the public against any harm and to attend without one would be dishonourable. YES/NO
6. That the Claimant, DRYDEN LAWYERS, provides the Court with an affidavit, upon full commercial liability and penalty of perjury, that proves their claim that a controversy actually exists here, and that the CEO, Richard PYM of the BRADFORD AND BINGLEY PLC has not now received ten (10) notices on this matter since January 2009 and that in each one I have not reiterated my willingness to pay upon the Bradford and Bingley’s proof of claim. YES/NO
7. That I may use any legitimate form of money (as according to the 1882 Bill of Exchange Act) to close and settle the account. YES/NO

Kindly note: 1)A non-response will mean the answers will be determined by proxy, using my full understanding of the Judicial and monetary systems as they currently appear to me. 2) Non response will be taken as tacit agreement that there is no need to attend and that no further action will be taken against me, Oshun: Rising™ .

Finally, let it be known to all parties that the Badfume and Burgle Plc has also acquiesced to my claims that, amongst others, said corporation was loaned money by me in the specie of a promissory note, fraudulently used said note, failed to provide full disclosure on the terms and conditions of the contract, failed to provide any consideration and acted unlawfully by charging interest on my consideration. From where I stand, they currently owe me in excess of £270,000 and this would be the basis for any counter claim that may or may not ensue.
Despite repeated opportunities to rebutt my claims and issue his own counter claims, Richard Dym, the man acting as CEO of Claimant has remained silent.

Directions for response: Affected parties wishing to dispute the claims made herein or make their own counterclaims must respond appropriately within SEVEN (7) DAYS of service of notice of this action. Responses must be under Oath or attestation, upon full commercial liability and penalty of perjury and registered at the address herein provided no later than SEVEN working days from the date of original service as attested to by way of certificate of service.
Kindly note too that the law of agent and principal applies to this notice and that service upon one is equal to service upon both.

NB: no ‘Mr’. I politely decline any title the Court may wish to offer me. Should any officer of the court insist on calling me Mr I’ll take this as dishonour.

Sincerely, without ill-will, vexation or frivolity,
Autograph, Natural Man

WITHOUT PREJUDICE, i.e. all Natural Inalienable Rights Reserved. Non-assumpsit.


.*Should any interested party wish to view a copy of said document then copies are available from the above address for £25 (inc p & p). Please make cheques payable to Oshun: Rising.[/color]

This was obviously sent before Michael’s postings but nevertheless it seemed like a reasonable way to establish my standing. Surprise, surprise, there was no response from any of the parties – and noone offered to buy a copy of the NOUICOR! The documents 11-19 have all been filed under at the County Court under the case number. On 13th August I entered a PF 11 form requesting an adjournment in order to ‘exhaust my administrative remedies’. When I filed the latest Notices on 21st August, I asked about the request and was informed by the woman on the counter that Judge Oliver had ‘struck it out’ on the grounds that it was ‘incoherent’ and ‘discloses no reason for adjournment sought’. Ummm. I have still to receive any written confirmation of this and I take this to be further proof of how dishonourable, bureaucratic and incompetent the court systems clearly are. But, hey, what else should we expect?
On the other hand, it occurs to me that some notice was taken of it because it was very easy for me to establish myself as the authorised representative and the other points laid out below..

Now, this news made it all a wee bit more intense – I’d been confident of getting the adjournment and was expecting to have more time to complete the Commercial Lien process. Anyway, it simply meant that I cut down the CEO’s response time for the Notice of Lien Interest from 7 to 3 days and the Affidavit of Obligation went out to be served on the CEO yesterday (26th August). Copies of these were placed in the case file on 25th August along with the counter claim forms. Remember too, that I had no desire to go to the de facto court , knowing full well that there they are all simply operating as collectors for the banks.

So, we arrive at the county court to be told that the hearing will actually be held at the magistrates’ court, a 5 minute walk away. With the BnB’s solicitors writing to inform me that the hearing was on the 28th, not the 26th , the court accepting my counter claim without payment (a claim for £391k in total) and this switch of venue, one could take this as a series of clumsy attempts to trip me up or simply further proof of their shambolic workings. Like many aspects of life right now, I simply don’t know …and neither do I care.
We arrive with a few minutes to spare. I go in under the name Michael, having declined the offer of title given by the usher.. When the judge comes in I reiterate that I am not to be referred to as Mr as this is a fictional title and, as is clear by my presence, I am a blessed living Man. He accepts this and then I get him to confirm that all my god-given inalienable rights remain intact. Next, I ask him about his oath of office. He wriggles about a bit but, after I press him further, confirms that he is on his oath. All this is now on the court record. The lawyers representing the BnB have appointed a barrister to represent them (according to a lawyer friend of mine, this is unusual for a foreclosure) and after his preamble, off we go. When I get to speak, I make the point about the incompetence and deception that is surrounding the matter, how I doubt whether those in court have the levels of understanding and expertise to deal with it and how an adjournment would be in the interests of both parties. The judge is enjoying this – though he does get a little hot round the throat when he admonishes me for interrupting him…

All parties to reconvene at 2pm in court 5.


Part Two to follow :wink:
Last edited by Oshun on Thu May 06, 2010 12:03 pm, edited 1 time in total.
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Re: Turning Fraudulent Debt into a Commercial Injury Claim

Postby MrFrodo » Thu Aug 27, 2009 3:00 pm

come on come on, part 2 !!!! I'm excited!!!! :D
You see what happens Larry? You see what happens when you fuck a stranger in the ass?
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Re: Turning Fraudulent Debt into a Commercial Injury Claim

Postby rodgreenwell » Thu Aug 27, 2009 3:49 pm

part 2 pleaseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee!!!!!!!! :grin: :rotfl:
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Re: Turning Fraudulent Debt into a Commercial Injury Claim

Postby city boy 5705 » Thu Aug 27, 2009 3:59 pm

Part deux , pretty pls!
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Re: Turning Fraudulent Debt into a Commercial Injury Claim

Postby rodgreenwell » Fri Aug 28, 2009 6:19 am

oshun!!!! what can I say, read your first post, got all excited (had to take a cold shower) then stayed up all night in anticipation, look like :ouch: this morning but still here :shh: please!!!!!

MrFrodo / Michael - simple question to my learned friends.... I take it that all your correspondence, Notices and Affidavits in the "Turning Fraudulent Debt into a Commercial Injury Claim" with the thieving banksters is for the attention of CEO or COO of the company (Bank) concerned. Do you/have you entered in correspondence with any other person (ie recoveries manager/legal manager) or is everything addressed to the so called main man!
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Re: Turning Fraudulent Debt into a Commercial Injury Claim

Postby Oshun » Fri Aug 28, 2009 10:35 am

"Lien on, lien on - Oshun’s Adventure in Court." Part Two.

So, the two actors and me are are back in court number 5. It begins with the allegations from the claimant, the Badform and Bangley, as represented by the barrister, “I have looked at the documents and there is no basis in English law.” She waffles on some more, going through the statements which show only that the payments made between August 94 and January 09 have been regularly met. She claims “the lien has no basis in English law.” The more this goes on, the more she digs herself into a hole whose sides are caked in slimy repetitions, empty piffle and all manner of parroted law-school secretions, “There is actually no basis for the client’s claim.”
She drones on like a tepid hand-dryer, failing to point to anything that can be taken as a rebuttal of any claims made in the 18 notices. The BnB solicitors have instructed her to press on (earlier, during the wait for some photocopies, I’d suggested that she give them a ring and get them to agree to an adjournment. She did but they declined and told her to crack on with the repossession application - which she was clearly uneasy about as I’d had a word and impressed on her the significance of the Affidavit of Obligation and how it’s a prejudicial document (no judge can shift it - as will be shown later in this account). She agreed that an adjournment may be for the best, commenting “It’s clear you won’t be shifting.” (Note to the interested - it’s my understanding that, when it matures, a commercial lien is a valuable security which one can use as a basis for writing bonds, place in a bank or lodge as an assset of value)

Like a bluebottle that’s exhausted itself trying to buzz its way through a closed window, she finishes and so it’s my turn. It’s already occurred to me by now just farcical it all is - neither the judge nor the barrister have first hand knowledge of the claim - no one in the room can rebut the allegations of the Affidavit. They are literally acting out their roles. I am the only one there of any real substance and, armed with the 18 notices and the Commercial Lien that show clearly just how honourable a Man I am, it is time to play.

I begin by making it clear that it is the paper trail that establishes the facts and this is what we will be dealing with. I stress my willingness to pay is evident throughout the notices and ask, “who has a claim on me?”
“Well, the Bradford and Bingley…” the judge predictably responds.
But who in the room has first hand knowledge of the matter? Only me. Only me. Once more I reiterate, “I have to question the levels of expertise in the court today.” I explain how an adjournment would be in the best interests of all parties but he’s having none of it, “I have no intention of adjourning.”

Okay, if that’s the way it’s going, I think, let’s deal with the facts of the matter.And so off I go through all 18 notices, picking out the saliant points, dealing with his questions, asserting my own standpoint and constantly drawing the court’s attention to the simple truths, “there was no consideration, no full disclosure, corporations are legal fictions who cannot sign… We, the people, are the creditors .. . this is how credit is created and if my claims are so outrageous and ridiculous, then why haven’t they been rebutted in an affidavit , why haven’t the BnB issued their own counterclaims?”

The judge, who has been chirping like a canary, begins to settle down and appears to be interested. The barrister is flushed and giving off a nervousness that is almost palpable.
I read out the maxims as they come up in the notices, and the judge – who had earlier claimed that “the maxims have no basis in English Law” – offers no rebuttal. Well, how could he anyway? His earlier comments cannot be taken seriously.
As the points in the Notices come up, I go into the banking system and – yet again! – question the competence, the understanding and the confidence of all those in court to deal with the matter.

I point out the UK GAAP requirements and stress how curious it is that a bank, yes a bank, is seemingly unable or unwilling to provide the documents and the proofs that have been requested all along. As they have failed to deliver, I argue, only a fool would continue to pay when such serious doubts exist as to the validity of the loan. I claim the statement of the account is simply a record of the extortion payments and he asks me how they are so – “it’s extortion because they threaten to take your home if you don’t pay. With all due respect to everyone here, I’m not sure we can actually resolve the matter adequately. I genuinely don’t think we can. This is a matter of principle and it certainly doesn’t just affect me, it’s my duty to pursue this as far as I can and that’s why in all honesty, I have to ask – before we go onto the Lien – is anyone expert enough to proceed here?”
Judge Inglis looks pointedly at the barrister.

I direct them back to the facts – as established in the NOUICOR and the estoppel (remember, this is a de facto court and the facts are what it dealing with.
“Look, I’m an honourable man, I’m only asking questions here – is it a crime to ask questions? Am I wrong to expect answers from a corporation?”
“They are under no obligation,” pipes up the Judge.
“What? Even though they are claiming against me? The point being of course that they failed to rebut any of my points…The fact is they haven’t responded. Can we deal with the facts here, that’s what I’m trying to establish here – the papertrail is clear. You see, this case would probably take weeks if I was able to produce all the evidence that shows the nature of what the banks are doing and how it works, how the banking system works and how it’s riddled with corruption. This would take weeks if not months and possibly involve the assassination of myself.” *
“Let’s move on to notice 11.” The judge makes some comment about my references to promissory notes not being valid. I say, “Let’s deal with facts – they have acquiesced to my claims. On what basis would you make such an assertion? Is it a feeling, a thought or is it direct experience?” He falls silent.

I move onto the fractional reserve lending system and ask, “whose money do the Bradford and Bingley claim they lent me anyway? By UK GAAP , they are not allowed to lend other depositors money so where is the proof they lent me their money?This is not a straightforward repossession order.”
“That’s how it appears to me,” he chips in.
“What? Even at this point?” I say and we move onto notice 12.I ask, “where is the original promissory note? It’s not in court today and how can I believe in its existence if I’m not able to see it? All the while I’m still seeking answers. Am I supposed to take everything they say as gospel truth? If serious doubts exist about something’s lawfulness or legality, are we not obliged to question it if we have a brain between our ears? I think we do. That’s why, irrespective of the outcome today, I will pursue this as far as I can and that’s why – in all honesty – and with total respect to everyone here I’m not sure whether we can actually resolve the matter here this afternoon. I genuinely don’t think we can.”

“They claim I owe them money so I have a right to ask questions. I’m finding out more and more information, I have more questions to ask, why shouldn’t I be able to do so? And, of course, if there are such doubts as to the verification of the loan, only a fool would continue to pay out under such circumstance. It’s dishonour after dishonour here.”

“Now, you may claim and the lady barrister may claim that you can’t get your heads round it and what is it? but that isn’t the point here: we need somebody who can understand it and who can rebut my claims. What I’m doing here is trying to condense all the information and knowledge that’s come to me over the last 7 or 8 months and that’s why I requested from the court the time to continue with this because I have to get to the heart of the matter. It’s my duty. Let’s be honest here, I’m the only one in this room with anything to lose. The Bradford and Bingley have treated me with discourtesy, dishonour and disrespect throughout.”

And so it goes, so it goes as we move onto Notice 16. “This notice of dishonour establishes the facts.”

Facts facts facts facts facts – all the way through until I reach for Excaliber: the Affidavit of Obligation. Oh how I enjoy this – we the people know the truth when we hear it for it resonates inside us, our being recognises it, we feel it vibrating through us and so I relish the opportunity to go, one by one, through the 33 allegations and 33 proofs of allegations as detailed in the affidavit.

To conclude, and by now I’ve been at it for over an hour, I refer to the maxim, “he who creates the liablility must provide the remedy”, how money has no value, the bills of exchange act, chapter 11 bankruptcy, the removal of the silver standard etc etc and (yet again!) how we need to adjourn because we need expert financial witnesses here (as if they would ever turn up to rebut my claims).


.
*Quite how that slipped in was unclear at the time but now, I remember the night before, I’d been listening to a Red Ice interview about Roberto Calvi, the banker found hanging under Blackfriars bridge in what appeared to be a freemasonic killing… :sweat:

PART 3 to follow…
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