Dissecting the Manchester Test Case....

[paulwlton]

Posted it on previous post but it gives a link to my other downloads.

 

I'll try later.

 

Posted.

 

Won't have it.

[spartathisis]

This ties in with what a poster (Nuke em) posted on another thread some weeks ago, but got lambasted by many. Money appears from nowhere, well it appears when you open a cc or transfer a balance it appears when you open a new current account (look at the offers to pay YOU money if you can pay in min amounts per month). The banks securitize the credit limit eg £5000 or the £1000pm you pay in, they pool them all, sell them to a seperate company who then offers bonds out to investors (usually large ones), this amounts to billions pa in false money, but they receive the payments coming into the accounts and pay a dividend from that.

 

Since the mid nineties 99% of all credit cards, mortgages and loans have been securitized, THE ISSUER DOES NOT OWN THE DEBT ANYMORE! The purchaser of the debt (set up by the OC) has to be "Bankruptcy remote" i.e the money cannot be touched in event of insolvency by OC creditors. The purchaser of the debt is in another country with favourable tax laws eg Jersey, they do not have a Consumer Credit Licence so cannot sell the debt on/back to the OC, even though they do. Illegal, of course it it, but they get away with it helped of course by the judicial system and those in Parliament who are looking towards a seat on the board.

[emandcole]

Unfair relationships - The Office of Fair Trading

 

The consumer can apply for a time order following receipt of a default notice, or a notice of enforcement action under the Act.

 

Just a quickie. After the default is issued is an Enforcement Notice the same as a Termination Notice?

 

Is it a newer requirement for example in order to allow the creditor to secure the next stage of collection or litigation?

 

Thanks

[Peterbard]

Peter,

 

I believe that you are mocking the post made by: JonChris!?

 

AC

 

 

HI AC

 

I have the greatest respect for JC as he knows from times gone by.

I also know he doesnt need anyone to stand up for him he is quite capable of doing that for himself .

 

Peter

[humbleman]

Illegal, of course it it, but they get away with it helped of course by the judicial system and those in Parliament who are looking towards a seat on the board.

 

How very very true.

[nick20045]

In Humblebums case

Hmmm dont know if Humbleman likes to be called Humblebum. :D:D

[the main man]

Posted.

 

Won't have it.

 

I have a copy here...

 

BankingCrisisMemos250209[1]

[Peterbard]

Just a quickie. After the default is issued is an Enforcement Notice the same as a Termination Notice?

 

Is it a newer requirement for example in order to allow the creditor to secure the next stage of collection or litigation?

 

Thanks

 

Hi

A termination notice merely states that the contract has ended

Contracts may be terminated by reasons of rescission, breach, or impossibility of performance.

Enforcement can only take place after the judge has ruled that the debtor is in breach of the agreement.

Before the creditor can pursue in court the creditor has to issue a default notice and give the debtor time to remedy the breach.

 

Peter

[diddydicky]

Hmmm dont know if Humbleman likes to be called Humblebum. :D:D

 

oops!

[seriously fed up]

That name actually has a very proud ancestry in Scottish music (see The Humblebums - Wikipedia, the free encyclopedia), its members including Gerry Rafferty (Baker Street?) and Billy Connolly (maybe Billy was the judge Humbleman?). For completeness a third member was Tam Harvey,l but I am not sure if he was any relation to Les or the great Alex. If anyone knows maybe they could advise us all

[angry cat]

Unfair relationships - The Office of Fair Trading

 

Time orders

Section 129 of the 1974 Act provides that a court can make a time order, giving the consumer more time to repay a debt under a regulated consumer credit or consumer hire agreement, if the court considers it 'just' to do so. In addition, section 136 provides that an agreement may be amended as a consequence of a time order - for example, by reducing the rate of interest or extending the term of the agreement.

 

The consumer can apply for a time order following receipt of a default notice, or a notice of enforcement action under the Act. The court can also make a time order as part of proceedings brought by the lender for enforcement of the agreement or to recover possession of goods or land (for example, mortgage repossession).

 

The 2006 Act will also enable the consumer to apply for a time order following receipt of an arrears notice (from 1 October 2008), provided that he first gives notice to the lender and submits an alternative payment proposal, and at least 14 days elapse before an application is made to the court.

 

A guide to time orders is available on the National Debtline website.

 

Here is a link that explains Time Orders:

National Debtline England & Wales | Debt Advice | Factsheet 06 Time Orders

[angry cat]

HI AC

 

I have the greatest respect for JC as he knows from times gone by.

I also know he doesnt need anyone to stand up for him he is quite capable of doing that for himself .

 

Peter

 

Peter, I was not standing up for JonCris, simply agreeing with his post, some of which I re-posted.

 

by peterbard:

Absolute appology AC i now see the direct connection betwen the dead american president and a civil case set in manchester.

 

Must remember to mention it the next time i have to draft a defence."

 

Which dead American president are you referring to;

Abraham Lincoln or;

Thomas Jefferson?

 

My view is; Thomas jefferson's philosophy re: financial institutions is at more than relevant, bearing in mind what is occuring today at number 11, Downing Street!

[the_shadow]

Not wanting to go too off topic... but politicians and honesty hmmmm

 

Blair Secures Lucrative Hedge Fund Role

 

 

S.

[egg-sterminator]

Not wanting to go too off topic... but politicians and honesty hmmmm

 

Blair Secures Lucrative Hedge Fund Role

 

 

S.

Seems brunnel franklin are withdrawing alot of their unenforcable cases on the back of the manchester case as legal consider it unsafe and after event ins. wont cover ? professorgbr's brief rang him and all 6 cases dropped . Anyone else heard anything ?

[angry cat]

Margareta Pagano: Obama's dreams of the future deserve support - Margareta Pagano , Business Comment - The Independent

 

Every member on this forum has been affected in some way by the;

out of control banks.

 

RBS was 3-4 hours away form insolvency, as was HBOS!

 

People lost their homes;

people lost their jobs and;

businesses collapsed.

this was all caused by the banks casino gambling.

 

Daily, people are being threatened with court action about re-possessions and loans, most of which were caused by irresponsible lending.

 

President Obama should be supported;

the Banks must be brought to heel.

 

:

 

As Thomas Jefferson said: "I like the dreams of the future better than the history of the past", a view which Obama is now trying to put into action. He should be supported."

[emandcole]

Think Obama is great. Without going well off topic the healthcare reforms were long overdue and he fought his corner there, albeit with strong support from anyone with an ounce of backbone and moral responsibility.

 

Sure if anyone can get the banks out in their place it's him...let's face it, consumers won't. Would love to see a mass boycott of one bank in a display of consumer anger...would very quickly make them realise that without our cash (forced taxpayers contributions aside) they'd be in big trouble.

 

Question is which bank do we hate the most

 

Does Obama have any brothers or sisters we could support for the Prime Ministers role? Would actually vote if I thought there was a reason!

[oilyrag]

removed

Edited January 27, 2010 by oilyrag
professional advice to do so

[humbleman]

I am not getting at anyone here, but I think when such threads are initiated the OP should have the option to clean up the thread so we can concentrate on the issue it was intended for. otherwise we run the risk and repeat of the CCA thread that goes on repeating itself over and over again.

 

 

If ever you need to clean up please remove this post too.

 

BTW OILYRAG- I am not referring to your post

[diddydicky]

can we bring this thread back to dissecting the manchester test case and cut out the crap about the origin of the species!!

 

abraham lincoln or some half baked fantasy as to whether money really exists aint gonna help anyone on this forum sort out their problems with their agreements

 

why dont you start another thread?

[haggis1984]

can we bring this thread back to dissecting the manchester test case and cut out the crap about the origin of the species!!

 

abraham lincoln or some half baked fantasy as to whether money really exists aint gonna help anyone on this forum sort out their problems with their agreements

 

why dont you start another thread?

 

Concurred!!

[oilyrag]

removed

Edited January 27, 2010 by oilyrag
professional advice to do so

[angry cat]

can we bring this thread back to dissecting the manchester test case and cut out the crap about the origin of the species!!

 

abraham lincoln or some half baked fantasy as to whether money really exists aint gonna help anyone on this forum sort out their problems with their agreements

 

why dont you start another thread?

 

DD,

the issues that have recently been discussed are highly relevant. One would be foolish indeed to just dismiss them!

 

Think;

securitization;

dubious assignments/novation;

irresponsible lending and last but not least;

CCA 2006 Unfair Relationships.

 

Did borrowers really know what they were getting themselves into?

 

Do the judges really understand the depth of the problems and;

if they do;

 

Why are they not following the legislation as laid down under the CCA 1974 plus the Regulations?

 

However, if people want to put their heads in the proverbial bucket of sand; that is their choice.

[oilyrag]

removed

Edited January 27, 2010 by oilyrag
professional advice to do so

[Peterbard]

Peter,

 

I take note of your recent postings on this thread. I do not want this to turn into a personal attack but it has become tiresome to put up with your apparent constant sniping and air of superiority at other peoples' opinions and comments.

 

An analysis of your performance on this thread alone shows me that at NO time have you provided one shred of positve findings in the Manchester judgement (unlike lawyers working in the field). There has not been one single piece of definitive help or support of those who are clearly in need of your undoubted expertise, yet we are subjected to facetious comments like: I can use that when drafting a defence (re Abraham Lincoln)". There are a lot of fancy cross references and legalese exhibiting your knowledge. Well where is the real practical help and what exactly is your defence in the light of the Manchester agreement and of Humbleman's and mydogsawestie's appeals?

 

Many of us have been trying to provide a basis for proper argument, not spurious cross references and harping back to things we already know.

 

De facto our own monarch has expressed concern at the "dark forces at work in this nation" on more than one occasion.

 

Adams, Jefferson, Franklin, Washington et al foresaw these problems and attempted to put to paper, protection for the ordinary citizen. I hasten to add after a bloody war against a militaristic and fiscal tyranny, against taxation without consent i.e. Britain!!! US!!!! (Professor Simon Schama --- quote)

 

This very small portion of this thread is very apposite (do you need the Oxford English Dictionary definition of this word?) to the argument we are trying to examine here. It is a very dangerous game to play indeed to remove all hope from peoples' minds, look around you. For a significant proportion of my life we have lived in fear of terrorism mostly related originally to the removal of all hope from the Palestinian people and I am not even a sympathiser. Again look around you even Mervyn King has expressed publicly, concern about what amounts to civil unrest.

 

Perhaps you would like to read the Banking Crisis Memo linked in a previous post, perhaps you would like to take a look at the Lisbon Treaty, full transcripts are now available on the net. Perhaps you would like to pass on your undoubted wisdom on the Appendices relating to the protocols adopted specifically to Poland and the UK. Once read I think you will realise just what our bankers, politcians, judiciary and so called professions have foisted on to you and I. These are VERY pertinent to the day to day conduct of our courts and there are even separate sections dedicated to the criminal and civil courts. Frankly, in the light of the appendices it is a charter of treachery for us ordinary folk. You and I are specifically EXCLUDED from the Treaty's benefits but not its disadvantages, that is we have been downgraded already to second class EU citizens behind Poland and the ex- Eastern block citizens. And you question comment about taxation without consent from Thomas Jefferson All politicians now agree that this is the best medicine for you and I. Your depth of legal expertise, not your snide comments, is needed here otherwise we may as well don our chains of slavery voluntarily RIGHT NOW!!!

 

And back on to topic, Manchester. A leading professional practitioner in the field has stated this is not about people wriggling out of their debts, this is all about sophisticated, wealthy, influential and powerful financial institutions obeying the Law of the land and the Will of Parliament. If they don't then it is the duty of courts to ensure that they pay the proper penalty as laid down in the law. Which of course is the forfeit of any rights and benefits of any alleged agreement. May we have some direction to this from you please?

 

regards

oilyrag. (and proud of it!)

 

 

hi

 

soorry just trying to analyse the jugjement

 

please list these positive findings and we wtjj giscus

 

peter

[Peterbard]

Peter, I was not standing up for JonCris, simply agreeing with his post, some of which I re-posted.

 

by peterbard:

Absolute appology AC i now see the direct connection betwen the dead american president and a civil case set in manchester.

 

Must remember to mention it the next time i have to draft a defence."

 

Which dead American president are you referring to;

Abraham Lincoln or;

Thomas Jefferson?

 

My view is; Thomas jefferson's philosophy re: financial institutions is at more than relevant, bearing in mind what is occuring today at number 11, Downing Street!

 

 

Hi AC

 

How will this help in court i am obviously missing somethig here so i will leave you to it

 

peter