Random Freemanesque Babblings II: Back to the Futile

[aesmith]

A new one on me, apparently if the judge addresses you by your first name you never have to pay for anything. From Facebook group "Contract/Trust/Privacy Law Knowledge Share" ...

"Hi All,
I'm just giving you an update about my appearance in court concerning my rent. I appeared in court for non payment of rent 2 weeks ago. I had an solicitor to represent me from a housing place that supposedly works against us and works for the corporation, and basically I just had enough of those people the lies, threats, the fake warrant and just the way they were treating me. So my friend and I attended the court, and I met up with the solicitor representing me. I told her my friend was coming in the court and I will be representing myself and she must not get involved, so she agreed. I walked in the court room I walked to where the Judge was and I handed her an envelope with documents related to my status.

The Judge told me to take a seat and asked how I would like to be addressed as and I told her "Linda" she said I will address you as "Linda" during the court hearing and I agreed. I told her I live in the private, i am not a corporation and that is my choice and I am a free sovereign being living soul and I do not comply with the corporation under any statutes and acts, I am under Common Law and not the Law of the sea Maritime Law. The Judge says " I do not understand that" I said "I am speaking plain English what don't you understand? the Judge says "she hasn't heard of this" I could see the Judge knew what I was saying and I didn't give in. I kept saying " I live in the private, why am I here, I've committed no crime this court is for criminals this is a civil matter. The Judges face looked full of guilt and understood what I've been saying. The Judge then tried to ask me a question related to the problems with the rent payments. I just said I do not answer corporation questions, no contract no consent. The Judge wasn't getting anywhere with me, as I wasn't giving into them. So then she moved on with questioning the rent enforcement officer and I said "why are you still carrying on when I've made clear my status, I should be going home, why I'm I still here? The rent enforcement officer was telling the Judge how I wrote to them asking for all my rent payments of £200,000 and damages of £250,000 the Judges face was a picture when she heard this and I just said it's "true". The rent enforcement officer still ranting on saying the rent account as not been paid and kept up and the balance is over £8000.

The Judge then ruled the eviction takes place as soon as possible.

So all through the hearing the Judge addressed me as Linda my living private name, she never once addressed me under the legal fiction name, so how can they contact me? It's nearly two weeks now and complete silence. So representing yourself is a must as they know when we the people speak we have power. Which now means I am rent free and all the bills too. I'm just so glad I did it as they are truly non existence to me now, I can live in peace and stress free"

[longdog]

About the only thing she gets right is that she's soon going to be rent free.

Linda meet gutter. Gutter meet Linda.

She genuinely seems to think she won.

[Albert Haddock]

...so how can they contact me?

They might have some idea of where they're evicting you from.

Or does she mean "contract"?

[mufc1959]

I think she's out of luck - it only works if the judge scuttles out of the courtroom.

[John Uskglass]

why am I here, I've committed no crime this court is for criminals this is a civil matter.

Except of course that possession hearings are heard in the County Court, being as how they are a civil matter...

[JamesVincent]

I think she's out of luck - it only works if the judge scuttles out of the courtroom.

[longdog]

why am I here, I've committed no crime this court is for criminals this is a civil matter.

Except of course that possession hearings are heard in the County Court, being as how they are a civil matter...

In one of her subsequent posts she seems to think there's some significance to the fact there was no dock in the court room.

These legal geniuses have absolutely no idea how the courts work. Which is fair enough I suppose, for the majority of people who never step foot in one, but their arrogance in thinking they DO know is quite breathtaking.

[John Uskglass]

Which is fair enough I suppose, for the majority of people who never step foot in one, but their arrogance in thinking they DO know is quite breathtaking.

I can say from experience of presenting arrears possession cases for social landlords that the judge will do their utmost to assist an unrepresented tenant if they actually show up, and try to find a way of stopping them from being actually evicted. (Don't get me wrong, I think that's the way it should be)

Linda didn't so much shoot herself in the foot as chainsaw her legs off.

Oh how I wish there were cameras in the County Courts!

[Albert Haddock]

These legal geniuses have absolutely no idea how the courts work. Which is fair enough I suppose, for the majority of people who never step foot in one, but their arrogance in thinking they DO know is quite breathtaking.

It's the Dunning-Kruger effect.

[wserra]

there was no dock in the court room.

Well, then, clearly not Admiralty.

[aesmith]

Where do we think she is in the process, is this the first order for possession, or a hearing to start enforcement?

I don't know the detail of processes in England, but in Scotland you could start proceedings when there's three months arrears, then say 8 to 10 weeks from there to the hearing. That takes you to Decree giving possession and ordering her to move out. More time and formalities before you could could actually enforce, but I dont think the tenant would be enolved in another hearing.

On the other hand she's clocked up £8,000 in unpaid rent.

[John Uskglass]

Where do we think she is in the process,

Although her account is obviously suspect, it looks to me as if a possession warrant had been issued, and this was a hearing to put a stay on the actual eviction.

the fake warrant

The Judge then ruled the eviction takes place as soon as possible.

It's been a while since I worked in housing, but my recollection is that in arrears cases the court orders a possession warrant, which is most often suspended on the basis that the tenant will start making payments against the arrears. If they don't make those payments, the landlord can return to court for an eviction order. Even once this is granted, the tenant can return to court up till the actual eviction date, and request that it be stayed because they will now start making payments. In general, judges will tend to grant a stay, especially if there are children involved, rather than make the tenant 'intentionally homeless' whereby they lose their entitlement to assistance with rehousing.

[aesmith]

From the same group, someone wants a free house but can't find the magic words ..

"Anyone know how I can sell my property and not pay the mortgage off IE I am fighting the bank but the interest only mortgage has expired so want a conveyancer to get the bank to produce the contract I have been demanding for 3 years before settling. Seems a good time to hold them to account. If they can't then the monies can go to an escrow account until they do or if they fail to the monies come back to me the rightful owner? About to appoint a conveyancer so it's urgent"

[longdog]

From the same group, someone wants a free house but can't find the magic words ..

"Anyone know how I can sell my property and not pay the mortgage off IE I am fighting the bank but the interest only mortgage has expired so want a conveyancer to get the bank to produce the contract I have been demanding for 3 years before settling. Seems a good time to hold them to account. If they can't then the monies can go to an escrow account until they do or if they fail to the monies come back to me the rightful owner? About to appoint a conveyancer so it's urgent"

I can't help but think they should look up the word 'Mortgage' in a dictionary.

[JamesVincent]

...but the interest only mortgage has expired...

A mortgage expired and yet they're still in possession of the house? I'm guessing from what they're saying there was no new mortgage agreed to?

[Hercule Parrot]

[I can say from experience of presenting arrears possession cases for social landlords that the judge will do their utmost to assist an unrepresented tenant if they actually show up, and try to find a way of stopping them from being actually evicted. (Don't get me wrong, I think that's the way it should be)

Linda didn't so much shoot herself in the foot as chainsaw her legs off.

"The Judges face looked full of guilt and understood what I've been saying. The Judge then tried to ask me a question related to the problems with the rent payments. I just said I do not answer corporation questions, no contract no consent. The Judge wasn't getting anywhere with me, as I wasn't giving into them..."

No, Linda. The Judge was worried about your welfare, she feared your belligerent attitude would close off any scope for compromise. You proved her right, guess what prize you've won...

[Hercule Parrot]

...but the interest only mortgage has expired...

A mortgage expired and yet they're still in possession of the house? I'm guessing from what they're saying there was no new mortgage agreed to?

With an interest-only mortgage, the borrower pays interest to the lender and is seperately responsible for ensuring they can repay the borrowed capital when the mortgage ends. Some of us took out long-term endowment policies, some of us invested in shares, some of us did nothing to prepare for that day. Many people's plans didn't gain value as much as hoped, so lenders have been sending helpful reminders for decades.

This idiot now owes his lender £50-100,000 or more, and the charge will remain on his home until it's paid off (with continuing interest). He thinks that the mortgage just becomes invalid after the 25yrs or whatever. He's going to find out different when his conveyancer explains that proceeds of sale will firstly pay off the lender, and he'll only get what's left.

[Pottapaug1938]

He's going to find out different when his conveyancer explains that proceeds of sale will firstly pay off the lender, and he'll only get what's left.

If anything.

[Philistine]

...but the interest only mortgage has expired...

A mortgage expired and yet they're still in possession of the house? I'm guessing from what they're saying there was no new mortgage agreed to?

With an interest-only mortgage, the borrower pays interest to the lender and is seperately responsible for ensuring they can repay the borrowed capital when the mortgage ends. Some of us took out long-term endowment policies, some of us invested in shares, some of us did nothing to prepare for that day. Many people's plans didn't gain value as much as hoped, so lenders have been sending helpful reminders for decades.

This idiot now owes his lender £50-100,000 or more, and the charge will remain on his home until it's paid off (with continuing interest). He thinks that the mortgage just becomes invalid after the 25yrs or whatever. He's going to find out different when his conveyancer explains that proceeds of sale will firstly pay off the lender, and he'll only get what's left.

Isn't this the Crawford gambit?

[noblepa]

From the same group, someone wants a free house but can't find the magic words ..

"Anyone know how I can sell my property and not pay the mortgage off IE I am fighting the bank but the interest only mortgage has expired so want a conveyancer to get the bank to produce the contract I have been demanding for 3 years before settling. Seems a good time to hold them to account. If they can't then the monies can go to an escrow account until they do or if they fail to the monies come back to me the rightful owner? About to appoint a conveyancer so it's urgent"

I can't help but think they should look up the word 'Mortgage' in a dictionary.

Yes, but you have to remember that the banks don't lend any real money. The "money" is created out of thin air when you sign the mortgage documents. Therefore, there is nothing to repay.