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UK Mortgages: Definitive Case Law

Started by FOTLCKA Michael, February 08, 2011, 02:48:38 PM

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iitsmylife

Thanks for the email reference the Nottingham event on 6th August which I will be attending

I was at the last MK event and want to be sure I'm up to speed with everything.

Do I need to bring anything along (mortgage details etc) or do I just bring myself?

Thanks again


M O'D

Hi itsmylife,

we will be putting out more information over the next two weeks - suffice to say, we will be encouraging all interested mortgagors to bring their dox along for examination . . .

take care, brother - we look forward to meeting up again on the 6th

namaste

All Rights Reserved - Without Prejudice
Without Recourse - Non-Assumpsit
Errors & Omissions Excepted

rickymik

Yes i am agree with Michael of Bernicia that There are no case numbers or parties' names currently available, since the proceedings using the arguments presented in the thread are still on-going.

mwoodhouse

Any news on the mortgage case or any further meetings planned

M O'D

Hi,

we are currently pulling together the various strands of the claims that will form the representative actions. As soon as we are ready to go, all those involved will be informed.

Namaste
:)
All Rights Reserved - Without Prejudice
Without Recourse - Non-Assumpsit
Errors & Omissions Excepted

elsell

Hi all,
In response to my argument that the deed is insufficient without a contract signed by both parties, pursuant to section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, and as demonstrated by the Sahib case, I have been hit with this:
http://www.britishcaselaw.co.uk/eagle-star-insurance-company-ltd-v-green-and-anor-2001-ewca-civ-1389-8-august-2001
Any advice would be greatly appreciated!
Cheers.

GiGie

What this case law is saying is that the old system of Equitable Mortgages is over so therefore with the new statute this case law cannot be relied upon. .  Allegedly the deed is no longer signed before the contract but I strongly contest this to be the case. I know when I signed my documents they covered over the top parts and just made me sign once in black and then in Blue. This has now been superseded by the Law of Property (Miscellaneous Provisions) Act 1989.

Section 3 of that Provision says it is equitable until registered. (the point where they conveniently re-write the need for the original PN which we know is now a BOE)

Section 2

(4)Where a contract for the sale or other disposition of an interest in land satisfies the conditions of this section by reason only of the rectification of one or more documents in pursuance of an order of a court, the contract shall come into being, or be deemed to have come into being, at such time as may be specified in the order.

I would be grateful if anyone is awake that they could get back to me asap regards this as I have a case to assist on 5 January papers sent on 24 December. Nice of em like.

FOTLCKA Michael

You should find what you are looking for below:

http://freetheplanet.net/articles/206/family-trust-v-bank-of-despotland-another-new-post

I will email you about the representative actions we are taking to the FSO and the FSA, closely followed by arbitration proceedings and private prosecutions. In the meantime, any mortgagor involved in court proceedings can apply on an n244 form to have the case stayed/suspended, pending the outcome of the official complaints that will soon be filed, for and on behalf of all mortgagors who are not in possession of a mortgage contract that complies with the following:

1. Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.
2. Section 44 of the Companies Act 2006.
3. The Unfair Terms in Consumer Contracts Regulations 1999.

For this purpose you will require a complaint number, which will be made available to you at the earliest possible juncture.

All those with Bank of Scotland mortgages who wish to join an action against that particular bankster, please email your details to thebanksterbusters@nym.hush.com as soon as you are able.

Love, Peace & Blessings to One and All.

GiGie

#23
The difficulty I'm having with how you are handling it is the very people you are complaining to are behind it. I will say more after the case. I also have other stuff to what you have prescribed here.

Could you tell me your views on the UCC Micheal?  I have stuff from Justice Org that basically states the 26 countries signed up to international commercial law agreements so I would have thought the UCC applies.  Its so Hermetic on our shores for, obvious reasons but I am of the volition that if it applies to that continent it applies here. I know I'm being cryptic but it's what it is.

I've listened to your recording with Lawful Rebellion blokes and it cut of at 51 minutes for some reason. Anyway I got the gist of what you had been saying. Incidently, the one success I had seems to have gone back into some rearrangement with him on his terms. I'm not sure how it happened and I can only help them who help themselves but I've no doubt they slipped something into their internet pile of crap on the Justice Site a la Ministry of Magick Stylee.

I can't say I've EVER learned anything of a snake posing as critic on these forums but for the first time ever I did the off Icke in the sense that the HRA does not apply.

Yes can you guess why that would be?

Why else does Lloyd Master of the Roles member of the Privvy Council Esq get to steam roller you? Without so much as a whiff of your Human Rights.

Did you consider that?

Again I'm being cryptic but have think about it.

We are having success with private prosecution on the matter that we spoke about previously if not to stop the torture going on in the cells for refusing to be surety to their bond claims.

GiGie

Ok just read your very well written exposition to the Registrar?
Riddle me this.
Why would you have something similar to the Privvy Council but NOT THE PRIVVY COUNCIL.

Ah yes to save money. Yes.

No.

Two types of law methinks.

Nothing to stop you going back down the snake and up the ladder again though is there?

GiGie

#25
Michael
Do you honestly think they can say an Act does not apply by putting it in some contract?
It's bull shit.

Qui recedens a primo amittit CESSO ACIES


It would appear that where you made the forfeiture was on stating that the bill was paid via a PN and then claiming the Bill to be null and void at the same time.

It isn't null and void.

GiGie

#26
Quote from: Freeman Zeitgeist on December 30, 2011, 01:35:03 PM
You should find what you are looking for below:

http://freetheplanet.net/articles/206/family-trust-v-bank-of-despotland-another-new-post

I will email you about the representative actions we are taking to the FSO and the FSA, closely followed by arbitration proceedings and private prosecutions. In the meantime, any mortgagor involved in court proceedings can apply on an n244 form to have the case stayed/suspended, pending the outcome of the official complaints that will soon be filed, for and on behalf of all mortgagors who are not in possession of a mortgage contract that complies with the following:

1. Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.
2. Section 44 of the Companies Act 2006.
3. The Unfair Terms in Consumer Contracts Regulations 1999.

For this purpose you will require a complaint number, which will be made available to you at the earliest possible juncture.

All those with Bank of Scotland mortgages who wish to join an action against that particular bankster, please email your details to thebanksterbusters@nym.hush.com as soon as you are able.

Love, Peace & Blessings to One and All.

I didn't quite go down the route but I did inform him that criminal proceedings trumped the Civil Process. He assured me it didn't. He's wrong like and I know so because he simply refused to rely on any law whatsoever execept 'this is my court' yawn.