Turning Fraudulent Debt into a Commercial Injury Claim

Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby IamallthatIam » Tue Aug 04, 2009 9:48 am

Most excellent post FMOTLKAMichael,

This is very similar to what i have just sent off to GE Money and to NatWest ( as a counterclaim / defence / in response to a stutatory demand. ( Two separate issues , two separate properties)

GE already have a suspended repo order and have threatened eviction, this is the problem we had none of the documenttion went to the judge, the only thing in her possession as far as we know, now , was the original mortgage offer ( unsigned by the bank) and her order was based on that alone. The problem we had was that we couldnt get it back into court , the judge at Llanelli court has instructed court staff "not to corespond with us " Opps !!! I think we may have upset them!

Unfortunately the Natwest case is at the same court !! With the same judge ! should be fun!!
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby IamallthatIam » Tue Aug 04, 2009 9:49 am

Nothing is "on the record" at magistrates courts - or so I am led to believe - is that actually the case?
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby city boy 5705 » Tue Aug 04, 2009 9:50 am

i say all of this because i am supposed to atend court this month on a Mortgage shortfall claim and i am using FMOTHL Michael's templates to service notic(s) on the shister Mortgage company how do i make sure the juge gets it into his file?

will i have to attend ? because originally i was not going to !!
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby city boy 5705 » Tue Aug 04, 2009 9:52 am

IamallthatIam wrote:Most excellent post FMOTLKAMichael,

This is very similar to what i have just sent off to GE Money and to NatWest ( as a counterclaim / defence / in response to a stutatory demand. ( Two separate issues , two separate properties)

GE already have a suspended repo order and have threatened eviction, this is the problem we had none of the documenttion went to the judge, the only thing in her possession as far as we know, now , was the original mortgage offer ( unsigned by the bank) and her order was based on that alone. The problem we had was that we couldnt get it back into court , the judge at Llanelli court has instructed court staff "not to corespond with us " Opps !!! I think we may have upset them!

Unfortunately the Natwest case is at the same court !! With the same judge ! should be fun!!



Angie, what are you going to do then for the next case to get it on the record, for the judge to "consider" it ?
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby The Freeman-on-the-Land known as Michael » Tue Aug 04, 2009 10:04 am

NOTICE REQUESTING ADEQUATE ASSURANCE OF DUE PERFORMANCE

NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT


Dear Teevin Bastados,

Re: Credit Bandits Account Number ################

It has come to my attention, following consultation with an executive level chartered accountant and extensive research on the statutes governing the banking industry, that there is every reason to believe that Teevin Bastardos is not Holder-in-due-Course of STRAWMAN'S promissory note and/or may be in breach of the alleged loan agreement concerning the above-referenced account.

Therefore, I am hereby serving notice of my intention to discharge the alleged debt in full, using the same specie of money that Teevin Bastardos used to fund the alleged loan, provided that I receive specific answers to the following questions:

1. According to the alleged loan agreement, did Teevin Bastardos lend its own money as adequate consideration to purchase the promissory note (loan agreement) from STRAWMAN? YES or NO.

2. According to the relevant bookkeeping entries, did Teevin Bastardos lend its own money as adequate consideration to purchase the promissory note (loan agreement) from STRAWMAN? YES or NO.

3. According to the alleged loan agreement, was STRAWMAN to provide valuable consideration to fund the alleged loan? YES or NO.

4. According to the relevant bookkeeping entries, did Teevin Bastardos accept anything of value from STRAWMAN that was used to give value to a cheque or similar instrument of approximately the same value of the alleged loan? YES or NO.

5. Did Teevin Bastardos follow UK GAAP (Generally Accepted Accounting Principles of the United Kingdom) in the execution of the alleged loan agreement? YES or NO.

6. Can Teevin Bastardos provide evidence that its accountant and auditor at the time of the execution of the alleged loan confirmed that it followed GAAP in the execution of the alleged loan? YES or NO.

7. Was it the intent of the alleged loan agreement that the party who funded the loan is the party that is to be repaid the money? YES or NO.

8. Are all the material facts of the alleged loan disclosed in the original (alleged) agreement? YES or NO.

9. According to the alleged loan agreement, was STRAWMAN obliged to lend the promissory note to Teevin Bastardos or another financial institution in order to fund the alleged loan? YES or NO.

10. Are the economics of the alleged loan similar to stealing, counterfeiting and swindling against STRAWMAN? YES or NO.

Failure to answer these reasonable questions with specific answers within seven (7) days of your receipt of this notice, will comprise the tacit procuration of Teevin Bastardos' agreement that it has concealed material facts from STRAWMAN, that the promissory note has been altered or stolen and that the alleged borrower provided the funds that the alleged lender claims were lent to STRAMMAN, in which case, STRAWMAN is legally entitled to file a commercial injury claim for at least three times the value of the alleged loan.

By: Upper-Case:Lower
Authorised Representative for STRAWMAN
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby The Freeman-on-the-Land known as Michael » Tue Aug 04, 2009 10:19 am

If the credit bandit has already issued legal proceedings against the STRAWMAN (in other words, a claim has already been filed by the alleged creditor in the county court), this is the process I would use:

1. Send Notice of Conditional Acceptance & Notice Requesting Adequate Assurance of Due Performance. Go down to the court and file the notices.
2. When dishonoured, send two Notices of Dishonour & Opportunity To Cure. Go down to the court and file the notices.
3. When dishonoured, send two Notices of Dishonour and a notarised Affidavit, documenting the facts established in the noties. Go down to the court and file the notices.
4. When the affidavit is dishonoured, send a Notice of Fault & Opportunity To Cure.
5. When dishonoured, send a Notice of Default, have a Certificate of Non-Response notarised, then file it in the court, along with the affidavit, the Notice of Fault & Opportunity To Cure, the Notice of Deafult and the court's counterclaim form.

If no claim has been filed by the credit bandits, then a claim form needs to be filed with the county court (to get a file number), then when the entire process has been completed with the establishment of administrative default judgment, all of the douments lsted above would be filed at the same time. The other party would be given a certain period of time, usually 7-10 days, to rebut your claim, but if no counterclaimis filed the judge makes out an order in favour of the creditor.

Legal Maxim: An un-rebutted Affidavit stands as the truth in commerce.

It is the notarised Affidavit and Cerificate of Non-Response that establishes the facts for the public record when they are filed into the county court, along with all the other documents served during the process. When the judge claims he cannot see your documents it is because the facts have not been established administratively before the court convened, which is commonly known as EXHAUSTING ALL AVAILABLE ADMINISTRATIVE REMEDIES. A verdict will NEVER be give in your favour if you have not done this. Please remember, there is no justice in the admiralty system; just charges and who is liable for them.

There are never any guarantees and we all engage in these processes at our own risk, but history suggests that the alleged lender will request more time to deal with the new paperwork and settle out of court. If the judge is in the pocket of the banksters and refuses to rule against the fraudster, he is breaking the law by contravening a notarised administrative judgement. But worst case scenario, as a friend of mine from Cananda did only a few weeks ago when he was two days away from losing his property, when an order of the court is made for you to settle the account, a properly crafted promissory note will be accepted as payment by the clerk of the court.

Please try to stay claim during this process. Anxiety will only create more problems than you already have to deal with. Truth and honour are on your side.

Hope this is of some help.

peace
Last edited by The Freeman-on-the-Land known as Michael on Tue Aug 04, 2009 3:12 pm, edited 1 time in total.
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby Farmer » Tue Aug 04, 2009 11:03 am

IamallthatIam wrote:Nothing is "on the record" at magistrates courts - or so I am led to believe - is that actually the case?


I have spoken to people at my local Magistrates court and they say that everything is recorded. I also enquired about transcripts and was told that I would have to write to the clerk of the court with details about which hearing etc.
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby IamallthatIam » Tue Aug 04, 2009 11:16 am

Farmer wrote:
IamallthatIam wrote:Nothing is "on the record" at magistrates courts - or so I am led to believe - is that actually the case?


I have spoken to people at my local Magistrates court and they say that everything is recorded. I also enquired about transcripts and was told that I would have to write to the clerk of the court with details about which hearing etc.

according to Judge Lewis at Llanelli county court , when Si asked if proceedings were being recorded , is this on the record, and for the record - yes he had to ask four or five times , he was told NO , no beating around the bush , just an outright NO , and that is why we cannot get transcripts ........ good job we recorded it really lol :giggle: :giggle:

EDIT: But then again he is a judge and you can always tell when Judges are fibbing.............. their lips move !!!!
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby The Freeman-on-the-Land known as Michael » Tue Aug 04, 2009 11:19 am

Farmer wrote:
IamallthatIam wrote:Nothing is "on the record" at magistrates courts - or so I am led to believe - is that actually the case?


I have spoken to people at my local Magistrates court and they say that everything is recorded. I also enquired about transcripts and was told that I would have to write to the clerk of the court with details about which hearing etc.

the records of the magistrates court are the responsibility of the clerk to the justices.
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby IamallthatIam » Tue Aug 04, 2009 12:00 pm

The Freeman-on-the-Land known as Michael wrote:the records of the magistrates court are the responsibility of the clerk to the justices.


thank you very much for that , that is one more nail in the in the lid of the judge lewis coffin ,cool , just what i needed to hear !
Talk about shooting yourself in the foot , this guy is going to end up with more perforations in his lower limbs than a frigging teabag. i think i will just keep handing him more rope and leave him to it , seems to be doing a good enough job on his own without my help !
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