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Cabot and Restons Conspiracy to Defraud

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Re: Cabot and Restons Conspiracy to Defraud

Post by iamani on Mon Nov 13, 2017 5:26 pm

Hi barnwebb

i'm no expert, but it looks like (and i could be wrong) that the judge was flipping jurisdiction. The reason i say this is because the judge gave case law,;said case law was relevant here.

Isn't case law common law jurisdiction? i suspect (and i'm still learning ) once judge mentioned case law/common law you could have demanded the presence of the claimant. If he's not there, case dismissed.

Hopefully someone will be along soon to set us both straight.......

Cheers!

iamani
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Re: Cabot and Restons Conspiracy to Defraud

Post by Candor on Mon Nov 13, 2017 5:56 pm

There are specific rules in the CPR for "specific disclosure" that only apply under the proviso of invoking equity, while case law is generally thought of as an "at law" matter, you can use case law in equity also.

You accept a redacted copy of a deed because they can involve details of separate parties who have privity, further you should not use only one precedent case to affirm a point, the more the better, three is best.

Debt-less would have been able to explain this further, but as you say he got booted so I guess its lets hope the DCA's remain slack and sloppy, which is the premise that the current three letter process operates on.

If the OC turns up with title interest and rights the game is over, unless you have more knowledge.

Tiggy made a good point of etiquette in court, never cut others speech , but when it's your turn you make sure you finish and get everything on the record, if it's not on the record you have nothing to appeal later, and don't let the judge talk all over you either, as they sometimes try to do..

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Re: Cabot and Restons Conspiracy to Defraud

Post by Tiggy on Mon Nov 13, 2017 8:44 pm

@iamani wrote:Hi barnwebb

i'm no expert, but it looks like (and i could be wrong) that the judge was flipping jurisdiction. The reason i say this is because the judge gave case law,;said case law was relevant here.

Isn't case law common law jurisdiction? i suspect (and i'm still learning ) once judge mentioned case law/common law you could have demanded the presence of the claimant. If he's not there, case dismissed.

Hopefully someone will be along soon to set us both straight.......

Cheers!
Not quite sure what you mean Iamani, a County Court is a common law court, common law is 'law in common' also known as case law and County Court Judges use case law to make decisions.

Case law is a decision previously made by a Higher Court Judge (County Court Judges can't set a precedent) and if that case is similar (common) to yours then they will apply that case law decision to your case.

A claimant doesn't have to appear if they have a Solicitor representing them, as a Solicitor has a Right of Audience,.

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Re: Cabot and Restons Conspiracy to Defraud

Post by Candor on Mon Nov 13, 2017 10:33 pm

Tiggy the county court also has concurrent jurisdiction, I would hazard a guess that is what iamani was alluding to, however they have a quantum limit I think its 30k, so you would only contest jurisdiction on either quantum or if its a special procedure, of say a trust that would be for chancery.

Yes they do flip between at law and equity all the time, equally they can merge two cases together without notice, rather like they do with counter claims (part 20 (ex parte if in high court), as I have seen them do, the whole process is one of budget and economy for the stakeholders in HMCTS that is what the over-riding rules are, maximise profit and securities and reduce costs.

CPR rules are best understood in conjunction with practice directions, they give you the over-riding objectives in clearer words.

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Re: Cabot and Restons Conspiracy to Defraud

Post by barnwebb on Wed Nov 15, 2017 5:52 pm

Thanks for your input iamani, Candor & Tiggy.

What do I do next if anything at all ?

If Cabot can’t find the Default Notice will the claim automatically be struck out using my original application or will there be another hearing ?

What then happens to the costs order that Restons got tagged to it, does that get cancelled with the strike out ?

As they sent in the costs order three or four days before the hearing would I be able to send a costs order at all if it is struck out ?

If they do find the DN I guess I’m screwed.

I’ll have to bully a solicitor somewhere to give me some free time as Cabot said in their letter last year that I’m not on the DoA so if that is true it needs checking as I’m apparently not allowed to look at it and if I’m not on it then that would be fraud don’t you think ?

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Re: Cabot and Restons Conspiracy to Defraud

Post by iamani on Wed Nov 15, 2017 10:43 pm

Hi

Tiggy - despite Candor's noble and inspired effort to spare my blushes (cheers buddy!) i suspect i may be displaying my lack of basic knowledge. i assumed he had been 'charged' (he was seeking discharge) which is a commercial term - and i thought commerce didn't use case-law/common-law/equity. And if they were flipping then why shouldn't he? Anyways.....

Candor - thanks for the extra info.

Barnwebb - i don't know nearly enough to try to explain how T.H.E.Y. shafted you there - i'm sure Candor or Tiggy or indeed any of the big guns could explain it. i know nothing and i would advise ANYONE to take the advice of those people over my opinion.

Having said that, i can hazard an opinion on what debt-less was trying to tell you:

You are the Original Creditor and the bank has deceived you as to its intentions and obligations towards you, in as much as they deceived you as to the status of the parties and the nature of your relationship. They used your 'res' by trading your note for profit far and above your agreed repayments without telling you. They hid the fact that it was a trust relationship so they could use and 'inherit' your profit (that you were unaware/ignorant of) when you fail to claim it in the prescribed manner (a bit like one's children really).

i think debt-less was trying to say you could reassert your correct status and put right the situation (to the extent that Lloyd s will compensate you for their 'high-handedness' ) with an appropriate letter or two....

Cheers!

iamani
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Re: Cabot and Restons Conspiracy to Defraud

Post by barnwebb on Thu Nov 16, 2017 9:48 am

Thanks iamani.

I don't really know anything about that angle of inquiry/action reasserting my correct status etc as I've not really come across it before and will have to research it to see if it is viable at all. I haven't seen anything relating to people using it to their advantage of the previous goodf site either but I guess that doesn't mean it's not there .... somewhere ! Smile

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Re: Cabot and Restons Conspiracy to Defraud

Post by iamani on Thu Nov 16, 2017 11:46 am

Hi barnwebb

It is probably something we should all be looking into for future use. i barely have a grasp on the concept myself so not really in the position to tell you how to make use of it.

Not all of people's successes are publicised, for reasons that may not become apparent to you until you yourself are in the same situation. It is possibly for this reason that we have yet to discover and utilise the best 'remedies'.

The Troy vids are great at explaining status and lots of other things, if you haven't watched them you might want to find them on ceylon's various channels on YT.


Cheers!

iamani
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Re: Cabot and Restons Conspiracy to Defraud

Post by barnwebb on Fri Nov 17, 2017 12:12 pm

Thanks iamani.

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Re: Cabot and Restons Conspiracy to Defraud

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