Signatures

Many people dont realise the power of the signature and what it represents so we shall clear some of the misconceptions about the signature and why they are so important.

To begin we shall look at who can sign something and who cannot; to begin we need to understand that a company is lawfully defined as a dead entity so something which is dead cannot sign anything with a valid signature because they are dead, plain and fairly simple then so when anyone gets a Notice it MUST be signed with a wet ink signature meaning it must be signed with a pen and not just a printed name of a company as these are NOT wet ink signatures.
As a company is designated as a dead entity and cannot sign anything we have people who act on behalf of a company and these people are generally referred to as Persons of significant control, so what does this mean? In reality it means they are appointed persons who act for, or on behalf of the company in matters relating to company business, this is generally interpretated as in tax or employment matters, in reality they are the Persons held liable if the company does something illegal or unethical and relates generally to tax evasion or Health and Safety breaches as they are the ones who are prosecuted in court.

So; who can sign something? actually any company employee can sign something but if they sign something another aspect of law occurs, they are also accepting liability as while they are an employee they are also a living person and if they sign something they also accept liability and while many companies send out numerous letters this explains why they remain unsigned, they dont want their employees accepting liability for anything as another element of law comes into play called vicarious liability.

Many documents are termed as affidavits and any document which makes a claim, or any court document, lawful notice, and indeed any corresponcence can be deemed as an affidavit and for any of these to be lawful means they must be signed by a human being and not a dead entity, so who is the idiot silly enough to acept liability for the claim they make? and why does any High Court Judge sign any judgement they make before it is entered onto the public record, now think about this for a moment.

Vicarious Liability accepted meanings are that if your boss instructs you to do something and you do it, your boss becomes liable and not you and this legislation dates back to the master, servant days and the master servant relationship; translated into todays meanings this means that no company as a dead entity can instruct you to do something as only another person can issue an instruction as a human being or a person, this also works in reverse in that the person making the claim is held liable for their actions.

This is exactly what happens with everyone from debt collection companies to local councils acting as local authorities do, they set up systems for typing correspondence which print their company name only and instruct employees NOT to sign anything as the employee can be held liable for their claims, then the company or its senior employees as persons of significant control can be held liable collectively, or individually and any debt company or council is in the habit of making money and not losing it.

This brings us to another point of law and as many people already know, there are different heirachies of law and these are defined as superior and inferior levels, basically if a superior level of law makes a judgement then any inferior or lower order of law is bound by this Lawful precedent; for example if the High court makes a judgement then any court lower than the High Court is bound by this precedent, in this case it would be the County Court, Crown Court, Magistrates Court, and any tribunal.

If we go to the various levels of law the highest level of law is natural law and this is easily understood as it is based upon natural occurances, e.g. if it rains and you go out in it you get wet, or if its freezing and frost is on the ground then the ground becomes slippery, its really as simple as that.

Next on the list is Commercial Law and this dates back to pre Roman times and this is generally all I use, below this is Contract Law, and below this is Common Law. Commercial Law only works in the lawful and not in the legal as Lawful is always superior law and legal is lower in the pecking order and inferior law, therefore any precedent made under Lawful is binding on legal.

What does this mean to us? it means always read and understand documents you are sent, and send yourself and the first port of call is to read anything you are sent and understand it and what it means as this is your weapon of choice.

Maxim 3 - In commerce truth is sovereign.
Maxim 4 - Truth is expressed in the form of an affidavit. (this must be true, correct, and complete) Note the word complete.
Maxim 5 - An unrebutted affidavit stands as truth.
Maxim 6 - An unrebutted claim becomes judgement in commerce.
Maxim 8 - Whoever leaves the battlefield first loses by default. (this means that any claim must be rebutted point by point)

Now we have the maxins of commercial law we can translate them into a real world scenario.

Debt collector sends you a Lawful Notice, you get the usual spiel at the top of the document telling you this is an important document and it may be in red ink, but it is signed with a printed piece stating On behalf of Screwem Debt Management.

Immediate breach of Maxim 4 as the doccument may or may not be true, and it isn't correct and complete as without a true wet ink signature nobody is accepting liability.
Maxim 8 means you have to rebut it point by point and I do this by having bright orange highlighters and draw a large ring around the missing signature and ask who is accepting liability and rebut the doccument as fraudulent using Maxim 4 as it is an incorrect and incomplete document, this also covers Maxim 5 as a rebutted affidavit cannot stand as truth and also Maxim 6 as a rebutted  claim cannot become judgement.

This is the power of the signature, or lack of a signature.

Public or private? you always remain in the private and this is easily done, you never sign any document as the person and you do this quite simply, you sign with an illegible signature and type as acting agent for Mr John Smith alongside the signature and then you are not John Smith the person, you are the agent for the name.

Cheers assassin, this is the sort of info many who see, should now stop doubting when they see 'official' documents without signitures - those documents have NO validity.

Non whatsoever, actually it is a criminal offence under both The Theft Act 1968 and the Fraud Act 2006 and they give you the evidence in writing (less a signature of course).

Fraud Act 2006

3Fraud by failing to disclose information

A person is in breach of this section if he—
(a)dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and
(b)intends, by failing to disclose the information—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.

7Making or supplying articles for use in frauds

(1)A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article—
(a)knowing that it is designed or adapted for use in the course of or in connection with fraud, or
(b)intending it to be used to commit, or assist in the commission of, fraud.
(2)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);
(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).
(3)Subsection (2)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.