Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» Just a quick hello
by petexxxx Today at 1:25 pm

» judge arrested (lawfully) by a cop (who's jailed). Outrageous
by Society of the Spectacle Today at 1:09 pm

» Reclaiming cash value for loans ive paid off in the past
by urchinatheart Today at 1:03 pm

» Bailiffs are a coming
by waylander62 Today at 12:43 pm

» Lowell threatening me Again !!
by waylander62 Today at 11:01 am

» Essex & Suffolk Water
by Sharpysparky Today at 10:08 am

» 24 Storey Tower on Fire in Kensington - dies
by Awoken2 Today at 12:41 am

» Barclaycard Mercers Default Notices Are Invalid
by Kestrel Yesterday at 10:52 pm

» Debt purchaser using DCA to initiate court proceedings but purchaser without permissions is on court papers
by Kestrel Yesterday at 8:17 pm

» Threatened bankruptcy proceedings
by ande Yesterday at 6:55 pm

» Keep up...
by chong Yesterday at 5:50 pm

» Hello all from new member, hoping to overcome the fear this time
by ande Yesterday at 5:47 pm

» Discovery, Bluffing and False and Misleading Conduct.
by handle Yesterday at 12:03 pm

» Drydens Fairfax
by Swan Yesterday at 9:49 am

» Notice Of Conditional Acceptance / Promissory Notes
by Ausk Yesterday at 8:17 am

» Ways of protecting assets from creditors
by Ausk Yesterday at 8:08 am

» Member of the old GET OUT OF DEBT FREE. So glad i found this site again
by Logan1989 Mon Oct 15, 2018 10:35 pm

» Did you have the money / use the credit?
by handle Mon Oct 15, 2018 8:20 pm

» sol excalibre with cookiemonster
by Society of the Spectacle Mon Oct 15, 2018 8:01 pm

» Beware of ancestry DNA websites
by jss64 Mon Oct 15, 2018 6:26 pm

» Dr. Graham Downing 5G and A.I talk
by ditchit Mon Oct 15, 2018 12:34 pm

» PoE
by ditchit Mon Oct 15, 2018 8:02 am

» Set Aside Application, Can Claimant Provide Proof Of Claim?
by Kestrel Mon Oct 15, 2018 7:00 am

» Is this what Greg Hallet was talking about?
by handle Sun Oct 14, 2018 10:38 pm

» old man tells joke
by handle Sun Oct 14, 2018 12:07 pm

» Anti nano tech
by chong Sun Oct 14, 2018 11:31 am

» Mediation Time. How to fire off your defence?
by onak Sun Oct 14, 2018 6:26 am

» FOS complaints and civil proceedings
by handle Sun Oct 14, 2018 5:27 am

» Administration of Justice Act 1970 forbids creditors to falsely pretending to be officially authorised to collect payment
by Stevro Sun Oct 14, 2018 2:11 am

» CCJ circa 2013 vs Santander, now Cabot/Mortimer Clarke chasing
by hughythomas Sun Oct 14, 2018 1:51 am

» Cabot help
by Benjisaurus Sat Oct 13, 2018 10:31 am

» Hello to all of you
by assassin Sat Oct 13, 2018 1:21 am

» Geopathic Stress, 5 G, Microwave Radiation Toxicity, Smart meters.
by daveiron Fri Oct 12, 2018 8:03 am

» Cabot- is there a realistic chance to fight them?
by handle Thu Oct 11, 2018 11:34 pm

» Distopian Future Documentarys,
by Society of the Spectacle Thu Oct 11, 2018 9:19 pm

» NIP - speeding with photo evidence
by daveiron Thu Oct 11, 2018 4:57 pm

» Latest Rich Planet vids Richard Hall
by daveiron Thu Oct 11, 2018 4:46 pm

» Hoist Portfolio/Howard Cohen – Letter of Claim ?
by barnwebb Wed Oct 10, 2018 8:23 pm

» Brown all CAPS window letter with "Defendant" visible!
by itheman Wed Oct 10, 2018 8:22 pm

» Reality chat with peter howard and company
by Society of the Spectacle Wed Oct 10, 2018 7:34 pm

» This Is Interesting
by pitano1 Wed Oct 10, 2018 10:17 am

» Hello all members of The Community
by assassin Wed Oct 10, 2018 1:40 am

» Raconteurs with extra special guest !!
by Lopsum Tue Oct 09, 2018 9:31 pm

» Hello, new here and preparing to fight the system.
by Jacko Tue Oct 09, 2018 4:07 pm

» BT/british telecom
by mitch Mon Oct 08, 2018 4:37 pm

» Civilized Materialistic DNA vs Tribal Spiritual DNA
by Kestrel Sun Oct 07, 2018 9:23 pm

» Another noob faced with a DC
by onak Sun Oct 07, 2018 2:18 am

Moon phases


Help required with CCJ defence

Page 1 of 2 1, 2  Next

Go down

Help required with CCJ defence

Post by Stevro on Mon Jan 22, 2018 10:45 am

Hi all,

You may have seen my previous posts. Quick recap: £6k allegedly owed to HSBC is now at CCJ. All their paperwork is in order.

It is my understanding that banks will sell agreements as they are as good as cash as they are promissory notes. Or the debt will be insured. I have stated I will defend on the basis the debt has been paid by other means e.g. trading/selling the agreement or by insurance.

This is my request to HSBC...

I believe that the alleged debt has already been paid and no debt is now owed.

1. I believe HSBC or its derivatives have received compensation, either by selling/trading/commoditising the original agreement as a promissory note / financial instrument.
2. Or/and that HSBC or its derivatives have received compensation by way of insurance against non-payment/default of the debt

I require an affidavit verifying that this alleged debt/account/agreement/note:

1. Has not been sold or traded in any way.
2. That the original note is still in your possession.
3. That HSBC or its derivatives have received no compensation in relation to the alleged debt/account/agreement.

Any advice re wording etc appreciated.

Thanks

S

Stevro
Not so newb
Not so newb

Posts : 68
Join date : 2017-08-03

Back to top Go down

Re: Help required with CCJ defence

Post by daveiron on Mon Jan 22, 2018 10:59 am

Hi stevro,

I would also add for the affidavit .That you require to know if your signature created the funds thereby making you the creditor.If not how were the funds created .

All that you have asked for are the questions they ignore . Why ?

daveiron
Admin
Admin

Posts : 1192
Join date : 2017-01-17

Back to top Go down

Re: Help required with CCJ defence

Post by Stevro on Mon Jan 22, 2018 11:05 am

Thanks again DaveIron. Good point!

I was trying to anticipate what a judge might understand e.g. they have already been paid by insurance rather than tackle the creation of the credit, but worth trying every angle I guess.

Stevro
Not so newb
Not so newb

Posts : 68
Join date : 2017-08-03

Back to top Go down

Re: Help required with CCJ defence

Post by daveiron on Mon Jan 22, 2018 1:55 pm

I would also get as much info together regarding money creation etc ,there is so much info available including from the Bank of England down. Also a point to remember is Banks cannot lend depositors money.All info which they will not be able to refute should this get to court.

daveiron
Admin
Admin

Posts : 1192
Join date : 2017-01-17

Back to top Go down

Re: Help required with CCJ defence

Post by Stevro on Mon Jan 22, 2018 3:59 pm

Will do. Probably best to ask them to confirm that money was lent/transferred etc.

Has anyone won this argument in court to your knowledge?

Stevro
Not so newb
Not so newb

Posts : 68
Join date : 2017-08-03

Back to top Go down

Re: Help required with CCJ defence

Post by daveiron on Tue Jan 23, 2018 11:48 am

Hi stevro.

I do not know if this has been tried in court yet.All I can say is this is something I would do without hesitation.
The way money is created ,they cannot prove any loss as they have none. I do not know how much research you have done regarding Banks and money creation, but you are the creditor not the debtor.
We are all searching for the magic bullet & until we try things we will never find it .
I think a good indication will be if any named individual is prepared to refute what we are asking for.

Of course the way you wish to proceed is as always your choice. Should you choose this route & they do appear in court ,please try to keep an accurate record of what happened.


regards dave

daveiron
Admin
Admin

Posts : 1192
Join date : 2017-01-17

Back to top Go down

Re: Help required with CCJ defence

Post by Stevro on Tue Jan 23, 2018 12:39 pm

Hi Dave. I'm very famililar with the banks' role in credit creation. There's a video where ex PC Anthony Carling details his fight with courts in Ireland over a mortgage debt. The judge found against him unfortunately but the case was protracted and expensive for the bank in question.

It's interesting but 2 years ago when I started my research, I never suspected I'd be a test case. Hopefully I can bring everyone here good news.

Obviously this is a harder case as HSBC were the original bank and have an internal litigation dept.

I'm fighting the case on:

1. No money was ever lent. I deposited a promissory note into my account that mistakenly appeared as a debit not credit.
2. They sold my note.
3. Their insurance has paid them

I'll post updates soon

S

Stevro
Not so newb
Not so newb

Posts : 68
Join date : 2017-08-03

Back to top Go down

Re: Help required with CCJ defence

Post by daveiron on Tue Jan 23, 2018 1:05 pm

Hi,
The insurance thing is not clear whether they have it or not ( I suspect they do) but if they do not ,they only have to swear to that .

daveiron
Admin
Admin

Posts : 1192
Join date : 2017-01-17

Back to top Go down

Re: Help required with CCJ defence

Post by Stevro on Tue Jan 23, 2018 1:17 pm

If they do they're stuffed

Stevro
Not so newb
Not so newb

Posts : 68
Join date : 2017-08-03

Back to top Go down

Trustee

Post by handle on Thu Jan 25, 2018 6:09 pm

If you want to go down this road, you make it known that the judge is trustee and you are beneficiary. That is a long road to travel, but it is is the vein of the post.

Alternatively, You can beat these b'tards on their own ground.
1) Termination notice - when served? proof served? ever sent at all?
2) Default notice? - as above
3) Deed of assignment, Notice of asssiognment?
4) Failure to serve statements.
5) Are they regulated to collect consumer credit debts?
6) was there PPI?
etc

handle
Not so newb
Not so newb

Posts : 449
Join date : 2017-04-10

Back to top Go down

Re: Help required with CCJ defence

Post by Tiggy on Thu Jan 25, 2018 7:27 pm

Have a look at this guy's blogs, might be of help, but whatever you decide must be written into the defence you submit now (33 days after issue of the claim form), otherwise you can't use it unless you apply to amend your statement of case.

https://consumercreditlitigationanddebtcollection.wordpress.com

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: Help required with CCJ defence

Post by Stevro on Thu Jan 25, 2018 7:49 pm

Thanks all.

Lots of bedtime reading Tiggy! Cheers.

Stevro
Not so newb
Not so newb

Posts : 68
Join date : 2017-08-03

Back to top Go down

Re: Help required with CCJ defence

Post by Stevro on Thu Feb 08, 2018 12:31 am

Ok, I started a new thread, so will revert back to this thread as requested.

My defence has been submitted now and is three pronged. 1) I created the money via a promissory note so owe no money. 2) The note was traded/sold so owe no money. 3) The account was insured against default by HSBC so owe no money.

As you can see, 2 & 3 can't be proven by me and will rely on honesty from HSBC.

1 is my main attack. I've read lots over the years and thought I understood how banks create money from nothing. After looking in more detail at the BOE, ECB and Bundesbank's blurb they freely admit that money is created from nothing, well kinda. They create it from your agreement AKA promissory note. They don't use savings or central bank reserves or other deposits to lend. This much is all clear and has evidence to support it.

So, onto my question. I've always been led to believe that as we created the promissory note (credit agreement) it is our money, just as if we'd created a £10 note. But how can this be true? At law, a promissory note is an IOU. Didn't we only create an IOU?

Thanks

Stevro
Not so newb
Not so newb

Posts : 68
Join date : 2017-08-03

Back to top Go down

Re: Help required with CCJ defence

Post by Stevro on Thu Feb 15, 2018 7:06 pm

This is one of the reasons I start new threads!

Stevro
Not so newb
Not so newb

Posts : 68
Join date : 2017-08-03

Back to top Go down

Re: Help required with CCJ defence

Post by Stevro on Tue Feb 20, 2018 11:39 pm

@Stevro wrote:Ok, I started a new thread, so will revert back to this thread as requested.

My defence has been submitted now and is three pronged. 1) I created the money via a promissory note so owe no money. 2) The note was traded/sold so owe no money. 3) The account was insured against default by HSBC so owe no money.

As you can see, 2 & 3 can't be proven by me and will rely on honesty from HSBC.

1 is my main attack. I've read lots over the years and thought I understood how banks create money from nothing. After looking in more detail at the BOE, ECB and Bundesbank's blurb they freely admit that money is created from nothing, well kinda. They create it from your agreement AKA promissory note. They don't use savings or central bank reserves or other deposits to lend. This much is all clear and has evidence to support it.

So, onto my question. I've always been led to believe that as we created the promissory note (credit agreement) it is our money, just as if we'd created a £10 note. But how can this be true? At law, a promissory note is an IOU. Didn't we only create an IOU?

Thanks

Anyone?

Stevro
Not so newb
Not so newb

Posts : 68
Join date : 2017-08-03

Back to top Go down

Re: Help required with CCJ defence

Post by Tiggy on Wed Feb 21, 2018 1:02 pm

Sorry, no idea.

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: Help required with CCJ defence

Post by Ausk on Fri Feb 23, 2018 7:47 am

@Stevro wrote:
@Stevro wrote:Ok, I started a new thread, so will revert back to this thread as requested.

My defence has been submitted now and is three pronged. 1) I created the money via a promissory note so owe no money. 2) The note was traded/sold so owe no money. 3) The account was insured against default by HSBC so owe no money.

As you can see, 2 & 3 can't be proven by me and will rely on honesty from HSBC.

1 is my main attack. I've read lots over the years and thought I understood how banks create money from nothing. After looking in more detail at the BOE, ECB and Bundesbank's blurb they freely admit that money is created from nothing, well kinda. They create it from your agreement AKA promissory note. They don't use savings or central bank reserves or other deposits to lend. This much is all clear and has evidence to support it.

So, onto my question. I've always been led to believe that as we created the promissory note (credit agreement) it is our money, just as if we'd created a £10 note. But how can this be true? At law, a promissory note is an IOU. Didn't we only create an IOU?

Thanks

Anyone?

This arises because our signature is the kick-off point for the creation of a financial instrument such as a bank "loan," Without our signature they cant create any such instrument. Its argued and rightly so IMO, that because our signature kicks everything off, we in effect, create the instrument or money. All that happens is that the lender grabs the money and then 'lends' it to us.

In reality I would not like to put my house on a court ruling in favour of this view. It may do, some day, when the argument has matured and has gained enough public recognition, and soaked into the consciousness of the court system.

Its rare for courts to rule against the banks. They tend to only do this when an unassailable, irrefutable argument has been put in favour of it.

Magistrates and judges tend to also have mortgages and or other loans from banks. All bank "loans" have an acceleration clause in them whereby the bank can demand the entire 'loan' or 'outstanding balance' be repaid within 30 days..... and magistrates and judges are fully aware of this, no doubt from previous 'quiet words over a few drinks at the club.'

Ausk
Not so newb
Not so newb

Posts : 399
Join date : 2017-06-03

Back to top Go down

Re: Help required with CCJ defence

Post by Stevro on Thu Mar 01, 2018 8:41 pm

Thanks Ausk for the reply and apologies for the late reply.

The BOE use the words 'create money' and 'new money' but don't explain the mechanism i.e. the purchase of the note. For obvious reasons!

Prof Richard Werner stated that "At law, banks are in the business of purchasing promissory notes."

I'm looking for where this is stated in law. Anyone any idea?

I have written to him but he's on strike!

Stevro
Not so newb
Not so newb

Posts : 68
Join date : 2017-08-03

Back to top Go down

Re: Help required with CCJ defence

Post by Stevro on Fri Mar 09, 2018 1:38 am

Another quick Q.

HSBC sent the Claim Form on the 10th Jan. I submitted my defence on time which was acknowledged. No word back since. Have they given up?

Stevro
Not so newb
Not so newb

Posts : 68
Join date : 2017-08-03

Back to top Go down

Re: Help required with CCJ defence

Post by Ausk on Fri Mar 09, 2018 7:53 am

"have they given up?"

I would be reluctant to assume that unless I had it confirmed in writing by letter or email from someone at the court that they have indeed received and accepted my defence.

Sometimes courts delay hearings on the basis of 'informal consultation with important people, importance of another case, urgency and public interest considerations.

If it were me, I would make an enquiry as where it sits in the list of cases to be heard, or has the plaintiffs case been withdrawn.

Ausk
Not so newb
Not so newb

Posts : 399
Join date : 2017-06-03

Back to top Go down

Re: Help required with CCJ defence

Post by Stevro on Sun Mar 11, 2018 4:54 pm

Thanks. The court confirmed the defence. I was just curious as to general timings. I might chase and ask but was hoping after two months that they'd given up.

Stevro
Not so newb
Not so newb

Posts : 68
Join date : 2017-08-03

Back to top Go down

Re: Help required with CCJ defence

Post by Tiggy on Tue Mar 13, 2018 11:17 am

If the claimants have failed to proceed with the claim after 28 days it will be stayed at Court, now either the claimant or the defendant can at any point apply to have stay lifted for either the claim to proceed (if you're the claimant) or be struck out (if you're the defendant).

There is absolutely no limit on the time a claim can remain stayed at court.

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: Help required with CCJ defence

Post by Stevro on Tue Mar 13, 2018 11:32 am

Thanks Tiggy. Would you say applyingtogetthisstruck out is the best tactic or is it better to leave it dormant? Both have pros and cons; leave it to be forgotten or risk making them go ahead.

Stevro
Not so newb
Not so newb

Posts : 68
Join date : 2017-08-03

Back to top Go down

Re: Help required with CCJ defence

Post by Tiggy on Tue Mar 13, 2018 11:47 am

It costs £255 to make an application but if you lose you'll be liable for their costs (which could run into £000's) of defending against the claim.

Unfortunately, you have to weigh up the risks I'm afraid.


Last edited by Tiggy on Tue Mar 13, 2018 2:50 pm; edited 1 time in total

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: Help required with CCJ defence

Post by Stevro on Tue Mar 13, 2018 2:09 pm

Cheers! I'll let it lie I think.

Stevro
Not so newb
Not so newb

Posts : 68
Join date : 2017-08-03

Back to top Go down

Re: Help required with CCJ defence

Post by Sponsored content


Sponsored content


Back to top Go down

Page 1 of 2 1, 2  Next

Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum