Soooo, time for an affidavit. Or two. I love this stuff, I put on an Ian Paisley voice in my head whenever I read this kind of thing. The Rev (may he rest in peace) is summarised here for those overseas and perhaps unfamiliar with his rhetoric or perhaps more comedically here if you prefer caricature;I've just had my bank account arrested by them for last year and they've just sent me a final demand. I'm going to return to sender their final demand and put the CEO on notice that this is in existence.
Might be worth chucking in this affidavit of the very knowledgeable Surry IF you comprehend it that is.
am writing to give you this affidavit.
Never a good sign that, a sort of statement of intent to spout bollocks from here on in.AFFIDAVIT A verified plain statement of facts
AFFIDAVIT
A verified plain statement of facts
Notice to agent is notice to principal, notice to principal is notice to agent
No wait, there's more (lots more actuallyThe Laws of Commerce
1.All are equal under the law. See Exodus 21:23-25; Lev. 24:17-21; Deut. 1:17, 19:21; Matt. 22:36-40; Luke 10:17; Col. 3:25. Legal maxims: No one is above the law; Commerce, by the law of nations, ought to be common, and not to be converted into a monopoly and the private gain of a few.
2.In commerce, truth is sovereign. See Exodus 20:16; Psalms 117:2; John 8:32; II Cor. 13:8. Legal maxim: To lie is to go against the mind.
3.Truth is expressed in the form of an Affidavit. See Lev. 5:4-5; Lev. 6:3-5; Lev. 19:11-13; Num. 30:2; Matt. 5:33; James 5:12.
4.An unrebutted affidavit stands as truth in commerce. See 1 Pet. 1:25; Heb. 6:13-15. Legal maxim: He, who does not deny, admits.
5.An unrebutted affidavit becomes a judgment in commerce. See Heb. 6:16-17. Any proceeding in court, tribunal or arbitration forum consists of a contest of commercial affidavits, wherein the points remaining unrebutted at the end of the contest stand as the truth to which the judgment of the law is applied.
);Its a great spag bol of latin, biblical extracts bound together with spurious and wholly irrelevant US jurisprudence.6.He who leaves the field of battle first (does not respond appropriately to an Affidavit) loses by default. See Book of Job; Matt 10:22. Legal maxim: He who does not repel a wrong when he can occasions it.
Bouvier’s Maxims
Contra veritatem lex numquam aliquid permittit.
The law never suffers anything contrary to truth. 2 Co. Inst. 252. But sometimes it allows a conclusive presumption in opposition to truth. See 3 Bouv. Inst. n. 3061.
7. Contractus ex turpi causa, vel contra bonos mores nullus est. A contract founded on a base and unlawful consideration, or against good morals, is null. Hob. 167; Dig. 2, 14, 27, 4.
Culpa lata aequiparatur dolo. A concealed fault is equal to a deceit.
Ei incumbit probatio qui dicit, non qui negat. The burden of the proof lies upon him who affirms, not he who denies. Dig. 22, 3, 2; Tait on Ev. 1; 1 Phil. Ev. 194; 1 Greenl. Ev. Sec. 74; 3 Louis. R. 83; 2 Dan. Pr. 408; 4 Bouv Inst. n. 4411.
Error qui non resistitur, approbatur. An error not resisted is approved. Doct. & Stud. c. 70.
Ex dolo malo non oritur action. Out of fraud no action arises. Cowper, 343; Broom’s Max. 349.
10. Ex facto jus oritur. Law arises out of fact; that is, its application must be to facts.
Ex tota materia emergat resolutio. The construction or resolution should arise out of the whole subject matter.
11. Fraus est celare fraudem. It is a fraud to conceal a fraud. 1 Vern. 270.
Fraus latet in generalibus. Fraud lies hid in general expressions.
Idem est facere, et nolle prohibere cum possis. It is the same thing to do a thing as not to prohibit it when in your power. 3 Co. Inst. 178.
Incerta pro nullius habentur. Things uncertain are held for nothing. Dav. 33.
Incerta quantitas vitiat acium. An uncertain quantity vitiates the act. 1 Roll. R.
Invito beneficium non datur. No one is obliged to accept a benefit against his consent. Dig. 50, 17, 69. But if he does not dissent he will be considered as assenting. Vide Assent.
Manga negligentia culpa est, magna culpa dolus est. Gross negligence is a fault, gross fault is a fraud. Dig 50, 16, 226.
Magna culpa dolus est. Great neglect is equivalent to fraud. Dig. 50, 16, 226; 2 Spears, R. 256; 1 Bouv. Inst. n. 646.
Now, change the voice in your head to a more sinister Norn Iron resident Jerry Adams as you take in this next bit;
Methinks this is all copy-pasta but Claire seems to have gained her stride now, even if the numbering goes off a little;12. Peccatum peccato addit qui culpae quam facit patrocinium defensionis adjungit. He adds one offence to another, who, when he commits a crime, joins to it the protection of a defence. 5 Co. 49.
13.Quando do una et eadem re, duo onerabiles existunt, unus, pro insufficientia alterius, de integro onerabitur. When two persons are liable on a joint obligation, if one makes default the other must bear the whole. 2 Co. Inst. 277.
14. Qui non libere veritatem pronunciat, proditor est verilatis. He, who does not willingly speak the truth, is a betrayer of the truth.
15. Qui non obstat quod obstare potest facere videtur. He who does not prevent what he can seems to commit the thing. 2 Co. Inst. 146.
15. Qui non prohibit quod prohibere potest assentire videtur. He, who does not forbid what he can forbid, seems to assent. 2 Inst. 305.
The next bit is a new departure for me and that includes ME -TM © and all the various derivatives of myself)14. Qui non libere veritatem pronunciat, proditor est verilatis. He, who does not willingly speak the truth, is a betrayer of the truth.
15. Qui non obstat quod obstare potest facere videtur. He who does not prevent what he can seems to commit the thing. 2 Co. Inst. 146.
15. Qui non prohibit quod prohibere potest assentire videtur. He, who does not forbid what he can forbid, seems to assent. 2 Inst. 305.
16. Qui non propulsat injuriam quando potest, infert. He, who does not repel a wrong when he can, induces it. Jenk. Cent. 271.
17. Qui tacet consentire videtur. He who is silent appears to consent. Jenk. Cent. 32.
18. Private & International Law
UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS
Article 3.8 – Fraud
A party may avoid the contract when it has been led to conclude the contract by the other party’s fraudulent representation, including language, practices, or fraudulent nondisclosure of circumstances which, according to reasonable standards of fair dealing, the latter party should have disclosed.
Article 5.1.3 – Cooperation between the parties
Each party shall cooperate with the other party when such co-operation may reasonably be expected for the performance of that party’s obligations.
Article 7.3.4 – Adequate Assurance of Due Performance
A party who reasonably believes that there will be a fundamental non-performance by the other party may meanwhile withhold its performance. Where this assurance is not provided within a reasonable time the party demanding it may terminate the contract.
What a great name for a new legalistic super-villain.18. I, Me™ Authorised Representative for ME©, do hereby state clearly and unequivocally that I have first hand knowledge of the facts, and that to the very best of my understanding, the following statements are true, correct, complete and not misleading.
The Affiant is a private living sentient woman.
The Affiant is not a UNITED KINGDOM “citizen,” “subject,” “vessel” or “person” or any ens legis artificial entity, procedural phantom, legal fiction or juristic personality within the UNITED KINGDOM.
The UNITED KINGDOM is a corporation, an artificial entity and a legal fiction that operates in bankruptcy.
Holy Precedent Batman!!! The Procedural Phantom is back with his diabolical liens and un-rebutted affidavits!
Don't worry Robin - we'll soon put a stop to his fiendish designs - he may be legal but he's certainly not lawful!
Returning to Claire she reminds me (©) of the Who and their song Who Are You.
I really wanna know
(Who are you?)
(Who, who, who, who?)
Ah who the fuck are you?
(Who are you?)
I mean, Claire seems to have declared UDI, not knowing who the fuck she really is. She'll be rambling about her Strawman next. Oops, I spoke too soon;
Just in case she's made a cock-up somewhere in this fug of legal nonsense she concludes;19. STRAWMAN is an artificial entity and a legal fiction that operates in bankruptcy.
Miss STRAWMAN, Ms STRAWMAN, STRAWMAN, Miss me and me (or any derivative thereof) are all artificial entities and legal fictions.
The Affiant is not liable for STRAWMAN or any artificial derivative thereof at anytime whatsoever.
The Affiant is not a co-business partner with the artificial entity and legal fiction STRAWMAN or any derivative thereof.
Oh right! Fantastic to be able to define white as black (or defeat = victory for that matter) if it suits your purpose.All words herein are as Affiant defines them.
Someone asks how a bank account can be arrested. Seems Claire lives north of the border where, rather thank chuck non-payers in clink they prefer cold hard cash;
(I)n Scotland Ctax don't get DC at your home they can arrested money in your account.
As I'd previously paid via DD to debt collectors/ sheriff's officers thru had my bank account information and used this to take the money straight from my account!
The usual suspects advise a dodgy claw-back through the DD scheme but sadly;
Quite right too! Oh, and by the way the banks finally wised up to the fraudulent DD recovery ploy and changed the rules in Feb 2017.Wasn't a DD was an earnings arrestment with no paperwork of course, doesn't follow due process of law. Paperwork all goes to the bank!
