Re: Mortgage Securitization - Research In Progress

by Waffle Wed Jul 26, 2017 11:40 am

Could this be along the lines of what you were talking about Dave.... Just stumbled across it.

The Bankers' Books Evidence Act 1879
http://www.legislation.gov.uk/ukpga/Vict/42-43/11/contents/enacted

by **daveiron** Wed Jul 26, 2017 11:55 am

Hi waffle,

Yes that sounds very much like what was discussed,
From memory it showed a point where the account was zero presumably when the account was sold.
then the figure was reinstated .
As i said, i do not have a clue how mortgages work but they were saying that these entries were critical to their case.

I do not know how to contact Ben Gilroy or Anthony Carlin . I just threw it in as a possible line that may or may not be worth looking at.
I do remember Micheal Sinclare organised the meet & i remember Tom & John Hurst also being there.

by Waffle Wed Jul 26, 2017 12:05 pm

I took a look at Carlin yesterday, quite interesting arresting a justice in the supreme court, then being imprisoned himself......

Maybe it will help us find a resolution to acquiring the securitisation information. The account should have been settled and closed but it isn't... I have done a little background research it appears that the covenant between A and the bank is the covenant whether the benefit of it has been securitised or not, we would still be bound by that agreement, however, are we entitled to the benefits of the securitisation, I dunno but I figured out at least 4-5 times is generated from one agreement, mortgages probably a lot more, its freacking wrong, the whole lot of it.

by Waffle Wed Jul 26, 2017 12:31 pm

A record as originally defined by the Bankers' Books Evidence Act 1879 to include ledgers, daybooks, cash books, account books, and all other books used in the ordinary business of the bank. Section 9(2) of the Act, as substituted by the Banking Act 1979, has now extended that definition to include those other records used in the ordinary business of a bank, building society, National Savings Bank, and the Post Office; whether they are in written form or are kept on microfilm, magnetic tape, or any other form of mechanical or electronic data retrieval mechanism. Paid cheques and paying‐in slips retained by a bank after the conclusion of a banking transaction to which they relate do not fall within that definition: Barker v Wilson [1980] 1 WLR 884; Williams v Williams [1988] QB 161. A copy of an entry in a banker's book may be received in all legal proceedings as prima facie evidence of such entry, and of the matters, transactions, and accounts therein recorded, provided it is shown that the book was one of the ordinary books of the bank, that the entry was made in the usual and ordinary course of business, that the book is in the custody and control of the bank, and that the copy has been examined with the original entry and is correct.

http://www.oxfordreference.com/view/10.1093/oi/authority.20110803095445213

by Waffle Mon Aug 14, 2017 5:14 pm

Practical law guide to securitisation

https://uk.practicallaw.thomsonreuters.com/2-501-2997?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1

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