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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Eviction: the fraud of the bank


matt v atos
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On 23 July 2014 over 300 people came from all over the UK to show solidarity and support for Tom Crawford and his family, and help in the peaceful resistance to the illegal eviction proceedings brought by UK Asset Resolution Limited. The support on the day was so overwhelming that the bailiff decided not to appear with his illegally drafted warrant.

 

At the moment, hundreds of warrants are being issued and served where a court stamp is used (not an official seal) and there is no official endorsing signature. This is fraudulent and illegal.

The petition is merely asking the Government to ensure that courts and the judiciary follow the letter of the law and stop committing fraud.

THIS ISSUE HAS THE POTENTIAL TO AFFECT EACH AND EVERY ONE OF US, OUR FAMILIES AND FRIENDS.

The petition is aiming to gain 1,000,000 signatures, so please share and spread the word.

PLEASE SIGN NOW, THANK YOU.

 

 

 

http://www.change.org/en-GB/petitions/uk-petition-in-the-name-of-justice-and-fairness-we-the-undersigned-require-her-majesty-s-courts-and-tribunals-service

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I've been following this on UK Column News. I can see that arrogant court bailiff taking a beating if he carries on talking out of his anal sphincter. He thinks he's fireproof; he's not. If it is shown he merely attempted to execute a fraudulent warrant, he can be stripped of his office as a court bailiff and jailed.

 

I have signed the petition.

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So did this go through the court and did a judge issue the eviction warrant ??

 

What tends to happen is that there are judges who are, for want of better words, Rubber-Stamping Clowns. They will rubber-stamp anything put in front of them.

 

What is becoming clearly evident is that fraud on an industrial scale is taking place and when the court is questioned about the paper trail, it will usually be found that certain hearings have not taken place, certain papers have not been submitted by the "claimant" and fees have not been paid. In one case, a county court admitted it had no record of a claim being processed or a CCJ being granted. An HCEO, bank staff and legal professionals are currently facing criminal proceedings over the matter.

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Any idea who sent it to you, Matt? I have read through it and have a reasonable idea where it came from. Much of what is on the document you have received is either out of date or not relevant. It is all very well quoting law. The most important factors are knowing how the legal system works, how the law works in practice and interpreting it. That requires experience, knowledge and instinct.

 

With evictions suspected of being unlawful, check with the county court that is alleged to have issued the Possession Order/Eviction Order/Eviction Warrant. Ask for the timeline of events on the case file. You need to know the dates of when applications for Possession Orders, Eviction Orders and Eviction Warrants were made, when and whether they were granted and to whom, whether they were suspended, revoked, struck-out or whatever, the dates of hearings and what they were for, the names of the judges involved and whether appropriate fees were paid.

 

I would make the following comments -

 

It is an Indictable Offence for anyone to pretend to be acting under the authority of a County Court;

 

It is an Indictable Offence for a public officer acting as such to wilfully neglect to perform his/her duty and/or wilfully misconduct himself/herself to such a degree as to amount to an abuse of the public's trust in the office holder without reasonable excuse or justification. A County Court Bailiff falls within the definition of "public officer" as they are Crown Servants;

 

It should be remembered that land and property matters fall under the jurisdiction of the Chancery Division of the High Court. This means that District Judges can deal with certain land and property matters, but there are other land and property-related matters which must be dealt with by Circuit Judges appointed to deal with Chancery matters.

 

I am attaching relevant sections from the County Courts Act 1984 for guidance. Some of them have been amended so be sure to study the amendments.

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1,648 have signed the petition thus far. The bailiffs were called off by police so they say! for safety issues. Tom has heard nothing from Bradford and bingley or the bailiffs since.

 

Probably Nottinghamshire Police were afraid of people knocking seven buckets of crap out of Caress, not that he doesn't deserve it. Yes, he is arrogant and, yes, he is a bully and, yes, he is likely to become complacent to the point he will mess up so badly not even the police will be able or want to pull him out of the brown and smelly stuff.

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  • 8 months later...

Seen this on the news today, is there an update, how did Bradford and Bingley change the mortgage, this needs to be heard on a forum like this. It has been so supported in Nottingham that it should be highlighted here, please post

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The petition still requires 29 signatures...

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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http://www.nottinghampost.com/Tom-Crawford-appears-court-Bradford-Bingley/story-26425154-detail/story.html

 

 

Emotions have run high at court as Tom Crawford fights to defend his home from bailiffs.

 

Mr Crawford, who has been embroiled in an ongoing battle with Bradford and Bingley bank over his mortgage, appeared at Nottingham County Court to seek permission to appeal against a possession order issued against his Carlton home.

 

Hundreds of supporters turned up to the court building in Canal Street, many of them having travelled from across the country.

 

As the hearing began, Judge Nigel Godsmark QC twice walked out of the court room, once following an interjection from the public gallery.

 

 

Read more: http://www.nottinghampost.com/Tom-Crawford-appears-court-Bradford-Bingley/story-26425154-detail/story.html#ixzz3YzS7h4ME

 

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It would be interesting to hear how the Bradford & Bingly changed the mortgage ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi All,

 

Can I just say, as I understand it - Once a suspended possession order is issued, a bank does not have to apply to a Judge to get the warrant issued. Judges do not commit fraud, they are there to stop fraud - it's surely up to us to prove it though.

 

I don't know if this helps you - but I saw the comment below added to the story in the Nottingham Post:

 

Lots of progress is being made by homeowners. Good on those who have supported Tom so far. Not quite sure where harrystotie is coming from though? Courts don't sanction Fraud either! Tom, all you need do is check your bank statements. If B&B's name is not the recipient of your payments/showing on your banks statments, you may be able to prove 'fraud'. If some other firms name is showing as the recipient of your payments, the chances are it will be the firm who is showing on the bank statments that brought the proceedings against you in the name of B&B. If your bank statement shows a different firms name, get a copy of your title register and a copy of your deed, again, if the names on the register and deed do not match the name on your bank statements, you may have hit the fraud nail on the head!! If you can, then its simple, go on line and report what you find to Action Fraud, if they confirm you are a victim of crime, then you can use the letter they send you to help protect you and your home from being unlawful possession. You can also use this letter to set aside the warrant of possession and suspended possession order. (by the way Judges do not issue warrants, court staff do); Complete the N244 form, in the box where it asks what do you want the court to do and why? state: "I want the court to set aside the suspended order of possession and warrant of possession on grounds of irregularity, fraud and abuse of process"; then when your application is heard, make sure to include the letter from Action Fraud, your bank statements, title deed and register of title to help the Judge see how the names on the banks statement, deed and title differ. I simply can't see any Judge sanctioning abuse of court process, nevermind fraud. So this way, if the Bailiffs turn up before you have your day in court, you will be able to show them the letter from Action Fraud (essentially confirming this is now a Criminal issue) and when you get your day in court, I rather suspect, no Judge will permit the warrant to be enforced against you - no matter what those relying on B&B's name try to do to overcome your concrete evidence.

Times are changing, loads of firms draw up mortgage statements using the name of the firm they bought the mortgage debt from to pursue you and even bring claims against you in the name of what was known to you as your original lender such as in your case, B&B.

Tom just needs to get up to speed with how to deal with them. The way forward is to check the paperwork and report them to Action Fraud, Court, and the FCA. That's the only way you will keep your home Tom"

 

Might be useful to know??

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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  • 2 weeks later...

So as an update to the Tom Crawford eviction, the judge handed down his judgement on Toms appeal

 

He is saying he has won and gets to keep his house, what do the clever people on here make of the judgement

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The judgement could not be clearer. The judge took care to write it in plain English because he knew it would be circulated and read by many people. The judgement sets out how Tom failed to pay the endowment policy, and refused suggestions by the bank to change to a repayment mortgage. It is very sad, but he brought this on himself. Now he faces imminent eviction, but he is taking advice from FMOTL idiots instead of getting proper legal help. If he doesn't wake up fast, he'll be homeless and penniless.

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My own take is that in general they lost but, they were granted leave to appeal out of time but that appeal was refused by that court as the judge could see no grounds for appeal. That does leave them with another avenue to pursue if they can come up with (non FMOTL) grounds.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 1 month later...

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 1 year later...

What happens when a home-owner who is evicted because he owes legal costs of nearly £100k and the solicitors who, with a high court writ, had him evicted last month are now faced with the prospect of them having moved back in?

 

The police say they can do nothing as there is no criminal damage - just damage to a £10 woodchip board which hadn't been replaced in time with a door. The police are saying it's a civil trespass and there is no burglary as there is intent to live there. Is it contempt of court? It will have to go back to the High Court and there will be a second eviction, so ultimately this will cost the former owner even more.

 

Bit of a daft short term thing to do but hey -- anyone else experienced this?

Edited by honeybee13
Paras.
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there is no criminal damage - just damage to a £10 woodchip board which hadn't been replaced in time with a door.

 

The police are saying it's a civil trespass

 

 

I'd ask the officer to check with their supervisor about:

A) it being a £10 piece of of chipboard preventing it being criminal damage : neither it being £10 nor being chipboard would prevent the possibility of it being criminal damage.

B) civil trespass and squatting in a residential property (as another poster has already pointed out).

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