THE PEOPLE Vs THE BANKS > THE CRIMES OF THE BANKSTERS

BRADFORD & BINGLEY OWE £111m ON UNPAID LIEN. WHAT DO THE PEOPLE THINK?

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M O'D:

--- Quote from: M O'E on October 14, 2013, 09:48:47 PM ---The Sheriff of the County can provide the authority, under common law, for a debt collection agency to seize any moveable assets in lieu of satisfaction of the debt. The Co-lien Debtors are an aggressive collection of solicitors and legal offiicers who have been instrumental in the criminal eviction of families across these lands.

Should the Sheriff breach his/her oath of office and refuse the request to seal the warrant laid before him/her, then the only authority we need is that of the People. For the purposes of this vote, 'the People' is taken to be a minimum of twelve indigenous folk who have had enough of the violent robberies suffered at the hands of the Banksters and their criminal lawyers.

Given the abject failure of the Her Lowness's Judiciary to provide remedy to a single mortgagor who takes on a Bank in one of the rigged casinos commonly known as the 'County Court', now is the time for We, the People to stand shoulder to shoulder and do the right thing. A minimum of 12 will suffice but the more the merrier.

Please cast your vote for the option that will have the most far reaching implications and, remember, we do not need any other authority than ourselves on the simple basis that there is no authority outside ourselves.

By voting in this poll you will be one of the People of these lands, exercising his common law right to authorise the Lien Claimant to take action against the Banksters who stole his and hundreds of other homes by deception, misrepresentation and criminal force.





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Lien

In law, a lien (UK or US) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the lienor and the person who has the benefit of the lien is referred to as the lienee.

The etymological root is Anglo-French lien, loyen "bond", "restraint", from Latin ligamen, from ligare "to bind".

In the United States, the term lien generally refers to a wide range of encumbrances and would include other forms of mortgage or charge. In the USA, a lien characteristically refers to non-possessory security interests (see generally: Security interest—categories).

In other common-law countries, the term lien refers to a very specific type of security interest, being a passive right to retain (but not sell) property until the debt or other obligation is discharged. In contrast to the usage of the term in the USA, in other countries it refers to a purely possessory form of security interest; indeed, when possession of the property is lost, the lien is released.[1] However, common-law countries also recognize a slightly anomalous form of security interest called an "equitable lien" which arises in certain rare instances.

Despite their differences in terminology and application, there are a number of similarities between liens in the USA and elsewhere in the common-law world.

Contents  [hide]
1 United States
1.1 Equitable lien (U.S.)
2 Other common-law countries
2.1 Common-law lien
2.2 Equitable lien
2.3 Statutory liens and contractual liens
2.3.1 Statutory liens
2.3.2 Contractual liens
3 Maritime liens
4 Nomenclature
5 See also
6 Notes
United States[edit source]

Liens can be consensual or non-consensual (also termed voluntary or involuntary in different states) Consensual liens are imposed by a contract between the creditor and the debtor:

mortgage

chattel mortgage

Nonconsensual liens typically arise by statute or by the operation of the common law. Those laws give a creditor the right to impose a lien on an item of real property or a chattel by the existence of the relationship of creditor and debtor. Those liens include

tax liens, imposed to secure payment of a tax;

"weed liens" and "demolition liens", assessed by the government to rectify a property from being a nuisance and public hazard;

attorney's liens, against funds and documents to secure payment of fees;

mechanic's liens, which secure payment for work done on property or land;

judgment liens, imposed to secure payment of a judgment;

maritime liens, imposed on ships by admiralty law.

Liens are also "perfected" or "unperfected" (see perfection). Perfected liens are those liens for which a creditor has established a priority right in the encumbered property with respect to third party creditors. Perfection is generally accomplished by taking steps required by law to give third party creditors notice of the lien. The fact that an item of property is in the hands of the creditor usually constitutes perfection. Where the property remains in the hands of the debtor, some further step must be taken, like recording a notice of the security interest with the appropriate office.

Perfecting a lien is an important part of the task of protecting the secured creditor's interest in the property. A perfected lien is valid against bona fide purchasers of property, and even against a trustee in bankruptcy; an unperfected lien may not be.

Equitable lien (U.S.)[edit source]


--- Quote ---In the United States, references to an "equitable lien" is a right, enforceable only in equity, to have a demand satisfied out of a particular fund or specific property without having possession of the fund or property. An equitable lien is actually a legal remedy, rather than a security interest created in contemplation of or in support of a transaction. In U.S. law, such liens characteristically arise in four circumstances
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:[2]

when an occupant of land, believing in good faith to be the owner of the land, makes improvements, repairs or other expenditure that permanently increases the land's value;
when one of two or more joint owners makes expenditures of the kind described above;
when a tenant for life completes permanent and beneficial improvements to the estate begun earlier by the testator; and
when land or other property is transferred subject to the payment of debts, legacies, portions or annuities to third persons.
Other common-law countries[edit source]


--- Quote ---Outside of the USA, a common-law lien may be defined in general terms as a passive right to retain a chattel (and, in certain cases, documentary intangibles and papers) conferred by law. Modern law has generally left the legal lien to cases where it has been historically established without any real effort being made to make it applicable to modern conditions. In Tappenden v Artus [1964] 2 QB 185 Diplock LJ referred to a lien as a "self help" remedy, like "other primitive remedies such as abatement of nuisance, self-defence or ejection of trespassers to land". Equitable liens are an unusual species of property right, usually considered sui generis.

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Common-law lien

Common-law liens are divided into special liens and general liens. A special lien, the more common kind, requires a close connection between the property and the service rendered. A special lien can only be exercised in respect of fees relating to the instant transaction; the lienee cannot use the property held as security for past debts as well. A general lien affects all of the property of the lienor in the possession of the lienee, and stands as security for all of the debts of the lienor to the lienee.


--- Quote ---A special lien can be extended to a general lien by contract, and this is commonly done in the case of carriers.[3] A common-law lien only gives a passive right to retain; there is no power of sale which arises at common law,[4] although some statutes have also conferred an additional power of sale,[5] and it is possible to confer a separate power of sale by contract.
--- End quote ---

The common-law liens are closely aligned to the so-called "common callings", but are not co-extensive with them.

A common-law lien is a very limited type of security interest. Apart from the fact that it only amounts to a passive right to retain, a lien cannot be transferred;[6] it cannot be asserted by a third party to whom possession of the goods is given to perform the same services that the original party should have performed;[7] and if the chattel is surrendered to the lienor, the lien entitlement is lost forever[8] (except for where the parties agree that the lien shall survive a temporary re-possession by the lienor). A lienee who sells the chattel unlawfully may be liable in conversion as well as surrendering the lien.[9]

Equitable lien


--- Quote ---In common-law countries, equitable liens give rise to unique and difficult issues. An equitable lien is a non-possessory security right conferred by operation of law, which is similar in effect to an equitable charge. It differs from a charge in that it is non-consensual. It is conferred only in very limited circumstances, the most common (and least ambiguous) of which is in relation to the sale of land; an unpaid vendor has an equitable lien over the land for the purchase price, notwithstanding that the purchaser has gone into occupation of the property. It is seen as a counterweight to the equitable rule which confers a beneficial interest in the land on the purchaser once contracts are exchanged for purchase.
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It is a matter of conjecture how far equitable liens extend outside of the unpaid vendor's lien. Equitable liens have been held to exist in a number of cases involving choses in action, but not yet in relation to chattels.[10] The Australian courts have been the most receptive towards equitable liens in relation to personal property (see Hewett v Court (1983) 57 ALJR 211, but a review of the cases still leaves a lack of clarity in relation to the principles upon which an equitable lien will be imposed.

In Re Stucley [1906] 1 Ch 67 a vendor of a reversionary interest in a trust fund, who sold the interest to the trustee, was held to have an equitable lien in the subject matter, although it was clearly personalty and not realty.

In Barker v Cox (1876) 4 Ch D 464 the purchaser of property which was included in a matrimonial settlement paid the price in advance to one of the trustees, and the purchaser was held to have an equitable lien in investments which the trustees subsequently acquired with the purchase price.

In Langen and Wing v Bell [1972] Ch 685 a director's service agreement required him to assign his shares in the company if he was terminated, and he was to receive a price calculated at a later date when the annual accounts were available; he was held to have an equitable lien over the transferred shares to secure the payment of the eventual purchase price.

In Lord Napier & Etterick v Hunter [1993] 2 WLR 42 it was held that an indemnity insurer's subrogation rights in relation to funds improperly paid directly to the insured were subject to an equitable lien.
But overall, there is still perceived to be a lack of central nexus.[11]

Statutory liens and contractual liens[edit source]

Although arguably not liens as such, two other forms of encumbrance are sometimes referred to as liens.

Statutory liens[edit source]

Certain statutes provide for a passive right to retain property against its owner as security for obligations. For example, section 88 of the Civil Aviation Act 1982 of the United Kingdom permits an airport to detain aircraft for unpaid airport charges and aviation fuel. Although this right has been treated as a lien under UK insolvency law,[12] it has been argued that such statutory rights are not in fact liens, but rights analogous to liens,[13] although some might say that this is a distinction without a difference.

Contractual liens

It has also been argued that an agreement by contract that one party may retain the goods of another party until paid is not a lien,[13] as under the common law, liens could only be non-consensual. However, it appears that under insolvency law, such rights will be treated as liens even if they are not expressed to be liens.[12]

Maritime liens[edit source]

Main article: Maritime lien

A maritime lien is a lien on a vessel, given to secure the claim of a creditor who provided maritime services to the vessel or who suffered an injury from the vessel's use. Maritime liens are sometimes referred to as tacit hypothecation. Maritime liens have little in common with other liens under the laws of most jurisdictions.

The maritime lien has been described as "one of the most striking peculiarities of Admiralty law".[14] A maritime lien constitutes a security interest upon ships of a nature otherwise unknown to the common law or equity. It arises purely by operation of law and exists as a claim upon the property concerned, both secret and invisible, often given priority by statute over other forms of registered security interest.[15] Although characteristics vary under the laws of different countries, it can be described as:

a privileged claim,
upon maritime property,
for service to it or damage done by it,
accruing from the moment that the claim attaches,
travelling with the property unconditionally,
enforced by an action in rem.[14]
Nomenclature[edit source]

Throughout the world, there are a large number of different types and sub-divisions of liens. Not all of the following liens exist in all legal systems that recognise the concept of a lien. The following are descriptions that are not necessarily mutually exclusive. Types of lien include


--- Quote ---accountant's lien—the right of an accountant to retain a client's papers until the accountant's fees have been paid.
agent's lien
agister's lien—the lien of an agister over animals in the agister's care as security for fees.
agricultural lien (United States)—a statutory lien that protects the seller of farming equipment by giving the seller a lien on crops grown with the equipment.
architect's lien—the right of an architect to retain a client's papers until the architect's fees have been paid.
attachment lien—a lien on property seized by pre-judgment attachment.
attorney's lien—the right of an attorney to retain a client's papers until the attorney's fees have been paid (also referred to as a charging lien, solicitor's lien or a retaining lien in some jurisdictions.
banker's lien—the right of a bank to satisfy a customer's matured debt by seizing the customer's money or property within the bank's possession.
blanket lien—a lien that gives the lienee the entitlement to take possession of any or all of the lienor's real property to cover a delinquent loan.
carrier's lien—a carrier's right to retain possession of cargo until the owner of the cargo pays shipping costs.
choate lien (United States)—a lien in which the lienee, the property, and the monetary amount are established so that the lien is perfected and nothing else needs to be done to make the lien enforceable.
common-law lien—a lien arising under the common law, rather than by statute, equity or agreement between the parties.
concurrent lien—means one of two or more liens over the same property.
consummate lien (United States)—a judgment lien arising after the denial of motion for a new trial.
conventional lien (United States)—a lien that is created by agreement between the parties, in circumstances where the law would not otherwise create a lien.
deferred lien (United States)—a lien that only take effect from a future date.
demurrage lien—a carrier's lien on goods for any unpaid demurrage charges.
dragnet lien (United States)—a lien that is enlarged to cover any additional credit extended to the debtor to the same creditor.
environmental lien—A charge, security, or encumbrance on a property's title to secure payment of cost or debt arising from response actions, cleanup, or other remediation of hazardous substances or petroleum products.
equitable lien—a lien that is enlarged to cover any additional credit extended to the debtor to the same creditor.
execution lien—a lien on property seized by levy of execution.
factor's lien—a lien, usually statutory, on property held on consignment by a factor.
first lien—a lien that takes priority over all other encumbrances over the same property.
floating lien (United States)—a lien that is expanded to cover any additional property that is acquired by the lienor while the debt is outstanding (in common-law countries, see Floating charge).
garnishment lien—a lien on the debtor's property held by a garnishee.
general lien—a possessory lien by which the lien holder may retain any of the debtor's goods in the lien holder's possession until any debt due from the debtor, whether in connection with the retained goods or otherwise, has been paid. Factors, insurance brokers, packers, stockbrokers and banker's liens are all usually general liens.
healthcare lien (United States)—a statutory lien asserted by an HMO, insurer, medical group or independent practice association against those liable to the, also its patient in damages, to recover money paid or claim money payable for healthcare services provided (sometimes called a healthcare lien).
hospital lien (United States)—a statutory lien asserted by a hospital to recover the costs of emergency and other ongoing medical and other services.
hotelkeeper's lien—a possessory or statutory lien allowing an innkeeper to hold, as security for payment, personal property that a guest has brought into the hotel (also referred to as an innkeeper's lien).
inchoate lien—a lien that may be defeated if the relevant judgment is vacated or a motion for a new trial is granted.
involuntary lien—a lien arising without the lienor's consent.
judgment lien—a lien imposed on a judgment debtor's non-exempt property.
judicial lien—a lien obtained by judgment, levy, sequestration or other legal or equitable process or proceeding.
junior lien—a lien that is junior or subordinate to another lien on the same property.
landlord's lien—a lien which empowered a landlord to seize a tenant's property and sell it to satisfy overdue rent.
manufacturer's lien—a statutory lien that secures payment for labour or materials expended in producing goods for another.
maritime lien—see above.
mechanic's lien—(also sometimes referred to as an artisan's lien, chattel lien, construction lien, labourer's lien, in various jurisdictions).
mortgage lien—a lien on the mortgagor's property securing the mortgage.
municipal lien (United States)—a lien by a municipal corporation against a property owner for the owner's proportional share of a public improvement that specifically and individually benefits the owner.
possessory lien—a lien allowing the creditor to keep possession of the encumbered property until the debt is satisfied.
second lien—a lien that is next in rank after a first lien on the same property.
secret lien—a lien not appearing of record and unknown to the purchasers; a lien reserved by the vendor and kept hidden from third parties to secure the payment of goods after delivery.[16]
Solicitor's lien—the right of a solicitor to recover his costs from a client. It is broader than a conventional lien.
special lien—a possessory lien by which the possessor of goods has the right to retain specific goods until a debt incurrent in connection with the goods has been paid (also referred to as a particular lien). The opposite of a general lien.
statutory lien—a lien arising solely by force of statute.
tax lien—a lien on property and all rights to property imposed by the taxing authority for unpaid taxes.
vendee's lien—a buyer's lien on the purchased land as security for repayment of purchase money paid in, enforceable if the seller cannot or does not convey good title.
vendor's lien—a seller's lien on land as security for the purchase price (sometimes called an unpaid vendor's lien).
voluntary lien—a lien created with the lienor's consent.
warehouser's lien—a lien for storage charges for goods stored with a bailee (sometimes called a warehouseman's lien).
workers' compensation lien—a statutory lien, asserted by a healthcare provider, to recover the cost of emergency and ongoing medical work, usually asserted against any workers'-compensation benefits paid to a patient.
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https://en.wikipedia.org/wiki/Lien

M O'D:

--- Quote ---Liens

December 2002

9.108 General

A lien is a right to retain possession of another’s property pending the discharge of indebtedness.

A lien often arises where a service has been performed but not paid for, e.g. a garage retaining possession of a car until the repair bill is paid or a solicitor retaining documents until his/her account has been paid. A lien differs from a charge or pledge in that the property is delivered to the creditor for a purpose other than to secure the payment of the debt, e.g. to have work done on the property.

A lien is often referred to as a ‘negative’ right as the holder of the lien is entitled to retain possession but is usually unable to deal with the goods. Contractual liens (see paragraph 9.122) and certain statutory liens (see paragraph 9.114) may give the holder (by agreement between the parties or by order of the court or statute) the power to sell the goods and offset the proceeds against sums owed.

A creditor with a right to a lien should be treated as a secured creditor in the insolvency unless the lien is over books, records and papers of the insolvent (and such items are not documents of title) (see paragraph 9.109). Where a creditor claims a lien, reference should be made to Chapter 40, Part 2, paragraphs 40.31 to 40.38, and Part 4, paragraphs 40.45 to 40.69, for the rules regarding secured creditors and the valuation of their security when lodging a proof of debt. The official receiver should always ensure that a creditor has a right to claim a lien over the property held when considering the validity of the lien. Should the official receiver be uncertain about the validity of a lien, the advice of Technical Section should be sought.

Notes: [s248(b)(i) or s383(2)] [r4.88] [4.95-4.99] [Form POD] or [r6.109]  [6.115-6.119]

 

9.109 Liens over ‘books and records’

A lien over the books, papers or other documents of the insolvent is unenforceable to the extent that it would stop the official receiver, liquidator or trustee having access to them. This is to ensure that the public interest of creditors is accorded priority over private security rights. If a creditor is claiming a lien over the books and records of an insolvent, reference should be made to Chapter 10, Part 7, paragraphs 10.69 to 10.81, for guidance concerning the recovery of the insolvent’s records.

Notes: [s246(2) or s349(1)] [s246(3) or s349(2)]

Sections 246 (2) and 349(1) do not apply where a person has a lien on documents and those documents confer a title to property on him/her, e.g. share certificates, leases and, where a solicitor obtains possession of deeds, for his/her costs when acting for a client in the purchase of property.

 

9.110 Power to deal with the property subject to a lien

A person with a lien has no automatic right to sell the goods. A power of sale may have been given in the contract with the insolvent or by statute e.g. by the Torts (Interference with Goods) Act 1977, section 12. Following sale of the insolvent’s goods, the holder of the lien should pass any surplus proceeds to the liquidator or trustee, or he/she could claim in the insolvency proceedings for any shortfall.

Notes: [Torts (Interference with Goods) Act 1977 s12]

The addition of such a power to sell the goods held does not convert the lien into a charge which would require registration under the Companies Act 2006, section 869, (see paragraph 9.94 and Re Hamlet International PLC [1998] The Times 13 March 1998).

 
9.111 Types of lien

There are three types of lien;

legal (also known as possessory) liens (see paragraph 9.114);

equitable liens (see paragraph 9.121);

contractual liens (see paragraph 9.122).

A lien can be general or particular.

 

9.112 General lien

A general lien (sometimes referred to as a retaining lien) occurs where there is a right to retain possession of any property of the insolvent until all debts due to that person by the insolvent have been paid.

 

9.113 Particular lien

A particular lien occurs where there is a right to retain possession of the insolvent’s property until the debt in relation to that property is paid.

 

9.114 Legal lien

The most common type of lien that the official receiver is likely to encounter is the legal lien which can be either general or particular and is dependant on the creditor having rightfully obtained possession of the property. A legal lien remains in force as long as possession of the property is retained.

Notes: [Sale of Goods Act 1979, s 41]

A legal lien can only arise:

from a common law right arising from ancient custom and usage;

from contract; or

from statute, e.g. the Sale of Goods Act 1979, section 41.

Examples of legal liens are a banker holding property deposited with him/her (see paragraph 9.115), a solicitor who has property passed to him/her or holds money in a clients account (see paragraphs 9.116 and 9.117) or a person holding property of another until payment is made for work undertaken on it (see paragraph 9.120).

 

9.115 Bankers lien

A bank, which does not have a charge granted by the insolvent, may claim a general legal lien on property deposited with it by the insolvent for the amount of the total balance due to it. This will include a cheque received by the bank from the insolvent, whose account is overdrawn, even though the proceeds are not received until after the insolvency order. Before accepting that the bank is entitled to the property being claimed, the official receiver should ensure that there was no express or implied agreement that the bank would have no right to a lien. The bank’s lien may also be invalid if the property was deposited for a specific purpose. For example, if the bank is holding property for the express purpose of safekeeping, it will not have the right to claim a lien over that property.

 

9.116 Solicitors general lien

A solicitor may have a general legal lien extending to all papers or other "chattels" (see paragraph 9.9 for a definition of the term chattels) that come into his/her possession. This includes money held on behalf of the client in a client account but excludes the insolvent’s records. The right to such a lien arises at the time when the solicitor was first retained by the insolvent and the lien forms part of the contract (either written or implied) entered into between the solicitor and the insolvent (Re Capital Fire Insurance Association [1883] LR 24 ChD 408).

 

9.117 Validity of solicitors general lien

The solicitor’s general legal lien will only be valid if the property belongs to the insolvent when it comes into his/her possession. As a company in insolvency proceedings remains the legal owner of its property, a solicitor may claim a general legal lien on any property passed to him/her, including any passed to him/her after the commencement of the winding up and possibly even after the winding-up order (Re Brereton v Nicholls [1993] B.C.L.C. 593).

In a bankruptcy, a solicitor’s general legal lien is exercisable only on property passed to him/her before the estate vests in the trustee (i.e. whilst the bankrupt is the legal owner of the property). Therefore the official receiver should ensure that property of the insolvent is not passed to a solicitor who is a creditor of the insolvent. The official receiver should, wherever possible, recover the property from any third party or request it to be held by the third party to the order of the liquidator or trustee provided that the official receiver is satisfied that the property will be preserved.

If, in a bankruptcy, after-acquired property comes into the possession of the solicitor before the trustee claims it, the solicitor will not have a general legal lien over that property, as the trustee’s title to the after-acquired property relates back to the date when it was acquired by or devolved upon the bankrupt. The lien will be valid if the solicitor was unaware of the bankruptcy at the time the property came into his/her possession.

Notes: [s307(1)] [s307(3)] [s307(4)(a)]

 

9.118 Solicitors particular lien

A solicitor may have a particular legal lien over chattels (see paragraph 9.9), including costs awarded to the client, which he/she has recovered or preserved for the client through litigation. The lien is only available in respect of the costs incurred in the litigation in question. For a solicitor to have a lien on chattels recovered or preserved he/she should have actual possession of those chattels, otherwise he/she will only have a right to claim the equitable interference of the court to protect his/her right to costs (Re James Bibby Ltd v Woods [1949] 2 All ER 1). The solicitor has the right to ask the court to charge the chattels recovered or preserved but until such a charge is created, the solicitor has no claim to the chattels unless they come into his/her possession (when a general legal lien may be claimed (see paragraphs 9.112 and 9.116) or his/her client is subject to an insolvency order (see paragraph 9.117).

 

9.119 Effect of insolvency on solicitors particular lien

Prior to the insolvency order, a solicitor can make an application under common law for a charge or, under section 73 of the Solicitors Act 1974, a charging order over the insolvent’s property. Provided the court was aware of and considered any insolvency petition prior to granting the charge or charging order, the solicitor will have a valid claim to the property even if it is not passed to him/her by the opposing party until after the date of the insolvency order.

Notes: [Solicitors Act 1974, s73] [s130)2) or s285(1)]

The solicitor will also have the right to a charge over property in the hands of the liquidator or trustee where the solicitor’s exertions gave rise to the recovery, even if he/she did not apply for a charge prior to the insolvency order. The charge may be for an amount relating to his/her costs in obtaining the property either before or after the insolvency order (Re Meter Cabs Ltd [1911] 2 Ch 557). The official receiver should therefore treat costs incurred by the solicitor in recovering the property as a first charge upon it and pay the solicitor’s costs irrespective of whether or not a charge was obtained prior to the insolvency order. If the official receiver remains liquidator or becomes trustee and considers the costs to be unreasonable, he/she may request the solicitor to have his/her bill subject to detailed assessment (see Chapter 39).

 

9.120 Skilled workman’s lien

The right of a skilled workman to claim a legal lien will normally be given by an express contract term. In the absence of such a contract term the right to claim a lien may only arise from custom and usage, where the right to claim a lien is so universally agreed within a trade (e.g. warehousemen) that everyone could be expected to know of it or easily find out (Re Plaice v Allcock (1866) 4 F.F. 1074).

 

9.121 Equitable lien

An equitable lien is an equitable right to have particular property in the possession of the insolvent realised by legal process to satisfy outstanding debts. It may arise out of an express provision in the contract with the insolvent or by law of equity from the relationship between the parties. An equitable lien does not rely upon possession of the property to be valid and it may require registration with the Registrar of Companies (in company cases) or under the bills of sale legislation (for individuals). If the official receiver is uncertain as to the validity of an equitable lien, he/she should consult Technical Section.

An example of an equitable lien is the unpaid vendor’s lien, where the vendor has an equitable lien for any unpaid balance on the sale of the property. The lien is based on the principle of equity that he/she who has obtained possession of property under a contract for payment will not be allowed to keep it without payment of the price. The unpaid vendor’s lien applies to freehold and leasehold property and certain other rights of action where a court would order specific performance of a contract. A vendor’s lien can be registered as a land charge under the Law of Property Act 1925.

 

9.122 Contractual lien

A contractual lien arises from the contract between the parties and can have the properties of either a legal or equitable lien. Under a contractual lien the creditor retains possession of goods previously delivered to him/her for some other purpose. The contractual lien is lost with the loss of possession e.g. a lien can be created over goods held by a warehouse in respect of unpaid sums due.

 

[Back to Part 4 - Charging orders] [Onto Part 6 - Miscellaneous]

 

Further Information
--- End quote ---

http://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch1-12/Chapter9/part5/part_5.htm

M O'D:
The Sheriff of the County can provide the authority, under common law, for a debt collection agency to seize any moveable assets in lieu of satisfaction of the debt. The Co-lien Debtors are an aggressive collection of solicitors and legal offiicers who have been instrumental in the criminal eviction of families across these lands.

Should the Sheriff breach his/her oath of office and refuse the request to seal the warrant laid before him/her, then the only authority we need is that of the People. For the purposes of this vote, 'the People' is taken to be a minimum of twelve indigenous folk who have had enough of the violent robberies suffered at the hands of the Banksters and their criminal lawyers.

Given the abject failure of the Her Lowness's Judiciary to provide remedy to a single mortgagor who takes on a Bank in one of the rigged casinos commonly known as the 'County Court', now is the time for We, the People to stand shoulder to shoulder and do the right thing. A minimum of 12 will suffice but the more the merrier.

Please cast your vote for the option that will have the most far reaching implications and, remember, we do not need any other authority than ourselves on the simple basis that there is no authority outside ourselves.

By voting in this poll you will be one of the People of these lands, exercising his common law right to authorise the Lien Claimant to take action against the Banksters who stole his and hundreds of other homes by deception, misrepresentation and criminal force.



OMNIUM:
Where's the link to vote Michael? :)

eggie:
Will the "Sheriff" provide the Authority for a debt collection agency to seize goods?... I think not.

It is time for the People to stand shoulder to shoulder and do the right thing.

A minimum of 12 will suffice but the more the merrier.

COUNT ME IN, I WILL STAND SHOULDER TO SHOULDER IN THE 12 PLUS GROUP

ITS TIME TO STEP FORWARD AND SHOW WE HAVE HAD ENOUGH

So EVERYONE who have had enough of the violent robberies suffered at the hands of the Banksters and their criminal lawyers,
COME JOIN US.
GIVE US YOUR WORD HERE ON THINKFREE

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