Michael (of Bernicia) Waugh, UK bankster-buster

Moderator: ArthurWankspittle

User avatar
AnOwlCalledSage
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 2456
Joined: Fri Dec 15, 2017 5:56 pm
Location: M3/S Hubble Road, Cheltenham GL51 0EX

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by AnOwlCalledSage »

We've been through this before, I just can't be bothered looking up the case but I seem to remember it was to do with a house purchase and a trust. If there is a genuine error in a witness signature, it does not follow that the contract is void. Several online UK solicitor help pages state quite clearly that they require a witness's signature but that they will date the deeds on completion so that is not an issue either.

Not withstanding all that, if a person believes that they have entered into a contract with a mortgage lender unwittingly and it is void, all they have to do is give the money back!

It's like a bank error. If you mistakenly get a deposit in your account due to figner truobel or an ATM spews out more money than you requested, you still have to give it back. It is not your money. It seems such simple concepts are too much for our FOTLers.
Never attribute to malice what can be adequately explained by stupidity - Hanlon's Razor
mufc1959
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 1186
Joined: Sun Feb 08, 2015 2:47 pm
Location: Manchester by day, Slaithwaite by night

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by mufc1959 »

The inconvenience of having to go to the solicitors on the day of completion to sign the mortgage deed, whilst at the same time trying to actually, you know, move house, would make the whole system unworkable - particularly if the solicitors are at the other end of the country.

To get the money in time, the solicitors have to send in a Certificate of Title before the lender will release the money - and this usually happens a couple of days before the completion date, so all the ducks are in a row on the day itself. The CoT confirms that the solicitors have investigated title and it's all good, they've verified their client's identity and - crucially - they hold a signed and witnessed mortgage deed (so the bank knows that the security for the loan will be put in place). Then the money is sent by the bank to the solicitors in time for completion, and once it's all gone through the deed is dated.

There is absolutely nothing sinister or untoward about this. But I'd love it if a FOOTler insisted it was all shonky and the solicitors said, "okay, come and sign the deed on the day of completion, I know our office is 200 miles from where you live, but never mind the inconvenience. If you get here for 9am, then we might be lucky enough to get the money through from the bank before the cut-off time (usually 2pm), and if not, well, then you'll be in breach of contract as we won't be able to complete, you'll have to pay damages and hotel and storage expenses for everyone along the chain, and the deed still won't have been dated on the day of completion because your actions have meant completion can't take place that day."
KickahaOta
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 344
Joined: Tue Jul 02, 2013 7:45 pm

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by KickahaOta »

notorial dissent wrote: Tue May 07, 2019 2:50 pm In the US, at least on real estate purchases, there is a rescission period, which means x number of days, 3 or 5 I don't remember which now, during which you can change your mind, if you don't, then the money becomes real and the agreement becomes affective. Otherwise, just so much waste paper. Also, there are deeds that don't come in to effect unless a string of events happen or don't happen. I 'm sure that historically similar things can be found in the UK.
Obligatory disclaimer: Not only am I not a lawyer, but it would be dangerous for me to talk about "US real estate" purchases in the abstract even if I were, because real estate transactions are largely regulated by the states, and the states have very different ideas about how to do things.

There is a federal "Real Estate Settlement Procedures Act" that imposes some federal requirements on the way that real estate transactions are done. But to the best of my knowledge, RESPA does not impose any sort of "cooling off" or rescission period. And in fact, when I bought my home, the escrow agent who handled the closing made it very clear to me that there was no cooling-off period on the transaction itself.

Of course, when a house is bought or sold in the US, there's nearly always as least one mortgage involved, often more than one. And that gets to what people who talk about the 3-day cooling-off period are thinking of: the Truth in Lending Act (TILA), a federal law covering most significant loans, including mortgages.

TILA has two requirements that are relevant.

First, the consumer does indeed have a right under TILA to rescind most mortgage agreements within three days of signing. (For this reason, any sane bank simply won't provide the money until at least three days after signing -- that way 'rescission' just means that the loan doesn't actually go through in the first place.)

Second, TILA obligates the lender to provide certain disclosures in certain formats -- about the terms of the loan, the interest rate, etc.

Now, the combination of those two requirements is where things used to get interesting. If the lender doesn't provide the needed disclosures before signing, the three-day deadline for rescission doesn't start until the bank does provide those disclosures. That used to mean that, if the bank couldn't prove that the appropriate disclosures had indeed been made, the consumer could, at least in theory, demand rescission at any time.

That little detail was seized upon with great enthusiasm by certain members of the sovcit and footler communities we've come to know and love, who basically thought this meant that they could get all their payments back and keep the house. Unfortunately, rescission (usually) doesn't work that way. A customer wanting to rescind would need to be able to convince the court that they are willing and able to actually return the money the bank loaned them. (This, in turn, was part of the reason why the "banks don't really lend money, they just create it out of thin air, and therefore it's not really a loan" theories became so popular.

The open-ended rescission period was later amended; now, even if the disclosures weren't provided, you only have three years to rescind.
longdog
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 4806
Joined: Fri Apr 17, 2015 8:53 am

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by longdog »

That little detail was seized upon with great enthusiasm by certain members of the sovcit and footler communities we've come to know and love, who basically thought this meant that they could get all their payments back and keep the house. Unfortunately, rescission (usually) doesn't work that way.
I suppose any loan agreement can be rescinded at any time by the simple expedient of paying it off but that's not really rescission is it?

Rescission sounds much more FMOTLy :mrgreen:
JULIAN: I recommend we try Per verulium ad camphorum actus injuria linctus est.
SANDY: That's your actual Latin.
HORNE: What does it mean?
JULIAN: I dunno - I got it off a bottle of horse rub, but it sounds good, doesn't it?
User avatar
AnOwlCalledSage
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 2456
Joined: Fri Dec 15, 2017 5:56 pm
Location: M3/S Hubble Road, Cheltenham GL51 0EX

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by AnOwlCalledSage »

Looks like he's now ready with phase two of the fraud:
Michael O'Bernicia

I am very happy to say that the first draft of the TGBMS: Next Steps guide is now complete and will be sent to the TGBMS Mailing List today.

If you haven't signed-up or if you thought you had but don't receive an email before the end of the day, please sign-up at the link below:
Never attribute to malice what can be adequately explained by stupidity - Hanlon's Razor
SoLongCeylon
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 285
Joined: Mon Jun 22, 2015 6:25 am

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by SoLongCeylon »

AnOwlCalledSage wrote: Sun May 12, 2019 5:16 am Looks like he's now ready with phase two of the fraud:
Michael O'Bernicia

I am very happy to say that the first draft of the TGBMS: Next Steps guide is now complete and will be sent to the TGBMS Mailing List today.

If you haven't signed-up or if you thought you had but don't receive an email before the end of the day, please sign-up at the link below:
...and if you are on the mailing list, this is what you get:

Get Your Free PDF Download of TGBMS: Next Steps
Before downloading TGBMS: Next Steps, you hereby warrant that:

1. You will hold harmless and indemnify the authors, owners and publishers, in relation to any claims and/or complaints [if any] that might arise from the application of the information contained within the document, which you may only use at your own personal risk.

2. You are downloading the document for your own personal use and you agree to adhere to the terms of its use, as set forth on the final page of TGBMS: Next Steps.

3. You are a mortgage holder, a former mortgage holder, you live in mortgaged property or you want to assist in administering, organizing and/or running a Representative Action in your part of the country [if you are also a UK resident].

4. You are not an agent or officer or proxy of the state, the conveyancing industry, the judiciary, the legal professions or the debt collection industry.

5. You wholeheartedly support our grass-roots movement to end institutionalized mortgage fraud and will do all that is within your capabilities to contribute to achieving that objective.

6. You have seen The Great British Mortgage Swindle on DVD, a digital platform or in the cinema and signed up to the TGBMS: Mailing List. If not, you agree to see the film and subscribe to the list before using any of the information contained in TGBMS: Next Steps.
SoLongCeylon
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 285
Joined: Mon Jun 22, 2015 6:25 am

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by SoLongCeylon »

and if you agree with those stupid terms, you are given access to this:

TGBMS: Next Steps

Canceling 11.2M Illegal Mortgages and Claiming Indemnity

At the end of The Great British Mortgage Swindle it is declared that, for the purposes of canceling
11.2 million illegal mortgages and claiming indemnity from the Chief Land Registrar,
Representative Actions [known as Class Action suits elsewhere] will be filed in every District
Registry in Britain.

This laymen's guide is exclusively intended to assist any and every UK mortgage holder to identify
whether their mortgage is illegal and void, as well as to provide all the information required to join
the nearest Class Action.

These actions will be seeking High Court declarations that every UK mortgage which is subject to
an application to cancel it in the local Charges Register, must be canceled in the event it is shown to
be illegal and void on one or more of the following grounds.

All Rights Reserved - Errors & Omissions Excepted

The TGBMS Grounds

1. The mortgage deed was not signed by the mortgagor in the presence of an independent witness,
in breach of section 1(3) of the Law of Property (Miscellaneous Provisions Act 1989.
This point of law was established in the summary judgment handed down by HHJ Behrens in my
family's High Court case, Bank of Scotland plc v Waugh & Others [2014] - a mortgage deed will be
illegal and void under section 52(1) of the Law of Property Act 1925, if it is not signed in the presence
of an independent witness.
As the 1989 Act does not apply in Scotland or Northern Ireland, void mortgagors in those
countries can rely on the following:
a. In Scotland, the Requirements of Writing (Scotland) Act 1995 also has the same effect as section
1(3) of the 1989 Act.
b. In Northern Ireland, section 3 of The Law Reform (Miscellaneous Provisions) (Northern Ireland)
Order 2005 has the same effect as section 1(3) of the 1989 Act.

2. There is no mortgage contract containing the signatures of both the mortgagor and the
mortgagee, along with the terms and conditions, in a single document.
This offends section 2 of the LPMPA 1989, in accordance with the Court of Appeal decision in United
Bank of Kuwait v Sahib & Others [1996] - a mortgage or charge will not arise without a section 2
compliant contract.
Where section 2 of the 1989 Act does not apply:
a. In Scotland, the Requirements of Writing (Scotland) Act 1995 also requires that written contracts
must be properly executed by mortgage companies to have legal effect.
b. In Northern Ireland, sections 43 and 44 of the Companies Act 2006 legally oblige mortgage
companies to sign mortgage contracts.
The Statute of Frauds Act 1677 prescribes that a creditor [including a mortgage company] cannot
issue legal proceedings against a debtor [including a mortgagor], unless the debt can be verified by a
written agreement, which must be signed by the debtor. This statute still applies across the UK.

3. The mortgage deed was executed by the mortgagor before they owned the property concerned, as
per the Supreme Court decision in Scott v Southern Pacific Mortgages [2014].
In this landmark case, the Supreme Court affirmed the High Court decision of HHJ Behrens, who
ruled that nobody has the right to grant any kind of legal or equitable interest in or over a property
before they become the owner of it.

Representative Actions
If you have evidence which proves that your mortgage is or was void and illegal on any or all of the
foregoing grounds, to join a Representative Action in your district, at least one of the following
must apply to you:

All Rights Reserved - Errors & Omissions Excepted

1. You are a current mortgage holder in possession of your property and not in default of the
mortgage payments.
2. You are a current mortgage holder in possession of your property and in default of the mortgage
payments.
3. You are a former mortgage holder not in possession of your property, whether it was taken in
possession proceedings or not.

Each action will be brought for and on behalf of those groups of mortgagors, each of whom will
have an almost identical claim, which is a requirement of CPR [Civil Procedure Rules] Part 19 in
England and Wales:
19.6 (1) Where more than one person has the same interest in a claim –
(a) the claim may be begun; or
(b) the court may order that the claim be continued,
by or against one or more of the persons who have the same interest as representatives
of any other persons who have that interest.
In Scotland, such ations can now be brought under the Civil Litigation (Expenses and Group
Proceedings) (Scotland) Act 2018; whilst in Northern Ireland, proceedings can be brought in much
the same way, under Order 15 of the Court Rules;
Members of the legal professions, some of whom have already volunteered their services, as well as
experienced and knowledgeable Litigants-in-Person, will be organizing, filing and running each
Representative Action, the costs of which will be crowd-funded.
Template Letters, Statements of Claim and Claim Forms will be provided to all the appointed
representatives, for the purposes of passing them on to everybody who signs up to the respective
actions.

Applications To Alter The Register

TGBMS also shows how my family and I successfully applied to cancel a mortgage which was void
and illegal because the signatures of the mortgagors weren't witnessed.

We achieved this by filing the following documents:
1. An AP1 application form to alter the register.
2. A witness statement affirming the facts and stating the applicable law.
3. All the evidence referred to in the witness statement.

In early 2019, Bank of Scotland used the same method to cancel the last remaining illegal mortgage
on the Nelson Trust's property portfolio, when the bank gave up its claim for £2.5M from my family.
The representatives who file the court actions in each region, will also file mass applications to alter
the register, on at least one of the grounds described in the foregoing.
This will be done for and on behalf of every mortgagor named as a claimant in the Representative
Actions, upon the receipt of the properly executed documents above [or their equivalents in
Scotland and Northern Ireland].

In England and Wales, these applications will be made under Schedule 4, section 6 of the Land
Registration Act 2002, which sets out the circumstances in which the Land Registrar can alter the
register without a court order and includes the rectification of mistakes.
Such applications for the rectification of the register in Scotland are made under Part 8 of the Land
Registration etc. (Scotland) Act 2012; whilst in Northern Ireland, they are made under Part VIII of
the Land Registration Act (Northern Ireland) 1970.

The cost of these applications will be paid by each void mortgagor concerned but the standard
charge for making them is generally between £40 and £80.

Applications For Indemnification

England and Wales

1. Under Land Registry Practice Direction 39, the Registrar has the statutory power to grant
indemnification to anybody who has suffered losses, as a direct result of the rectification of the
register [or an omission to rectify it].

2. The authority of the Registrar to act without a court order is given in section 6 of Schedule 4 of
the Land Registration Act 2002, whilst the Chief Land Registrar is bound by the Swift 1st Ltd
decision, to grant indemnity to anybody who can prove the losses claimed were the result of an
alteration in the register [or the absence of it].

3. For the purposes of making a written statement of claim for indemnity, under Practice Direction
39, it is not necessary to prove who was responsible for the mistake in the register [whether
fraudulent or not], only that an entry [or the lack of one] caused the claimant losses on a certain
date, when the register was or could have been altered.

4. A claim for indemnity is made simply by writing a Statement of Claim, attesting to the facts
regarding the illegality of the mortgage and attaching all the evidence it refers to, before filing at the
Land Registry where it was registered.

In summary, every void mortgagor in England and Wales who proves their mortgage is illegal, on
one or more of the TGBMS grounds, can do the following:

a. Make an AP1 application requiring the Land Registry to cancel the entry of their mortgage in the
register, under the provisions of Land Registry Practice Direction 39 and section 6 of schedule 4 of
the 2002 Act.
b. Apply to the Chief Land Registrar to be indemnified for all the losses that were directly incurred
as a result of the alteration of the register [or an omission to alter it], relying upon the Swift 1st Ltd
case as the binding authority.


Scotland
1. Section 80 of the Land Registration etc. (Scotland) Act 2012 provides the authority to the Keeper
of the register to rectify it, when presented with sufficient evidence that a mistake or omission is
manifest.

2. In addition, section 84 of the 2012 Act states that:
The Keeper must pay compensation for—(a)reimbursement of reasonable extra-judicial
legal expenses incurred by a person in securing rectification of the register, and (b)any
loss sustained by the person in consequence of the inaccuracy rectified.
In summary, every void mortgagor in Scotland who proves their mortgage is illegal, on one or more
of the TGBMS grounds, can do the following:
a. Apply to the Keeper of the Register to have their mortgage canceled, under section 80 of the 2012
Act.
b. Claim compensation for the losses incurred as a direct result of the illegal mortgage being illegaly
registered, under section 84 of the 2012 Act.

Northern Ireland

1. By virtue of Rule 74 of the NI Land Registry Rules, the Registrar has power to authorize the
modification or cancelation of a charge where he is satisfied that it is appropriate to do so.

2. Under section 83(2) of the Land Registration Act (Northern Ireland) 1970, it states that:
If any person— (a)fraudulently procures; or
(b)is privy to the fraudulent procurement of;
any entry on, erasure from or alteration of[F1 the register, the Statutory Charges
Register, any index to that Register or any], land certificate or certificate of charge, any
entry, erasure or alteration so made by fraud shall be void as between all persons who
are parties or privy to the fraud.

3. Furthermore, under SCHEDULE 9 of the 1970 Act, it is prescribed that:
1(1)Subject to paragraphs 2, 3, 4, and 5, compensation shall be payable to any person
who has sustained any loss by reason of—
(a)the rectification of[F1 the register] pursuant to section 69; or
(b)an error in, or omission from,[F1 the register][F1 whether or] not rectified pursuant
to section 69;
In summary, every void mortgagor in Northern Ireland who proves that their mortgage is illegal, on
one or more of the TGBMS grounds, can do the following:


1. Apply to the Land Registry to have their mortgage canceled, under Rule 74 of the Land Registry
rules.

2. Rely on section 83(2) of the Land Registration Act 1970, which prescribes that a fraudulent
mortgage will be void.

3. Claim compensation under Schedule 9 of the 1970 Act.

Template Forms, Letters and Statements of Claim for Indemnification will be provided to all the
appointed representatives, for the purposes of providing them to everybody who signs up to the
respective actions.

TGBMS: NEXT STEPS

In the event you are a UK mortgagor and you are able to provide all the evidence required to prove
that your mortgage is illegal and void, on one of more of the TGBMS grounds, here's how you can
join a Representative Action in your area of the country.

STEP ONE
See The Great British Mortgage Swindle, which you can buy on DVD, watch on Amazon Prime
or in a UK Cinema.
Those who choose the latter option will also see the TGBMS: Next Steps bonus feature after the
film, when every mortgagor present will be invited to join their local Representative Action.

STEP TWO
Sign-up to the TGBMS Mailing List here, to receive the latest updates and news about the
Representative Actions.

STEP THREE
Having seen the film and had this guide delivered to your inbox, you will soon receive an email
asking you to fill out a form to join the Representative Action in your area.
Once completed, you will receive another email, asking you to submit the relevant documents for
your claim to your local group leaders, as and when they have been appointed.

STEP FOUR
All group leaders will be provided with a dedicated email address and the appropriate templates for
the claims in their district.
The claims will be prepared for filing, along with the evidence supplied by each party to every
claim, on a certain date this summer, which is set to be announced very soon [TGBMS Day].
All Rights Reserved - Errors & Omissions Excepted

STEP FIVE
Everybody who joins the Representative Actions will not be charged a penny for the services
provided, but will be asked to aim to bring at least ten other mortgagors into their respective actions
and to continue spreading the word about TGBMS far and wide.
Those who wish to donate toward the costs of organizing and administering the claims can do so by
direct bank transfer or PayPal.

STEP SIX
Once we have raised the estimated costs of bringing these actions, for and on behalf of all Britain's
void mortgagors, they will be filed simultaneously on TGBMS Day, when the Land Registry will
also receive the mass claims for indemnity.

STEP SEVEN
We will then apply to the High Court, seeking the consolidation of the mass claims into three test
cases; one for each of the classifications of mortgagors described in the foregoing.

STEP EIGHT
Once consolidated, we will then seek a declaration that any mortgagor who sustains a claim of
mortgage fraud, on one or more of the TGBMS grounds:
a. Must be handed the judgment in all mortgage-related proceedings
b. The illegal charges concerned must be cancelled by the Land Registry.
c. Compensation is due for all the losses suffered, as a result of the fraudulent entries in the register.
TGBMS Day Is Coming For The Banksters

Since this is the 1st draft of TGBMS: Next Steps, please consider it to be a work-in-progress, which
will be amended and expanded as and when necessary.

That being said, the steps described above should prove to be all that is required for Britain's void
mortgagors to cancel every illegal mortgage and to secure the reimbursement of the losses caused
by many decades of unbridled mortgage fraud.

Nobody is saying that achieving those objectives is going to be easy and it will necessarily take an
enormous amount of effort on all our parts to do so. Make no mistake about that.

However, for the first time since the Battle of Waterloo in 1815, the British people have a golden
opportunity to end the tyranny of the banksters on these ancient shores, so we must make sure that
this time we seize it without hesitation.

On the basis that good fortune smiles on those who are adequately prepared for such an
opportunity, the purpose of both the film and this guide is to prepare every void mortgagor for

TGBMS Day, when the banksters will face the consequences of their myriad of crimes.

Legal Declaration

Nothing in the foregoing is intended to be construed as legal advice and the information provided
can only be used at the sole risk of those concerned, each of whom agreed to hold the owners,
publishers and authors of this document harmless and indemnify them, in relation to any claims
and complaints that arise from taking any or all of the steps outlined herein.

Copyright Declaration

This document is the property of The Michaels of Bernicia and Deira.
It is exclusively intended for subscribers to the TGBMS Mailing List, who are permitted to share
paper and electronic copies with other UK mortgagors, for the purposes of providing them with the
information contained herein.
In the event it is published on one or more of the owners' websites, the post or posts can be shared
but not re-posted to other sites or social media pages.
Otherwise, it must not be copied, published or shared, without express permission from the owners.
If any party ignores this declaration and/or falsely purports to have the right to use it for the
purposes of procuring material gain, they will be held liable for fraud.



For the past few weeks O'Bonkers has been telling everyone to wait for this information so that they can start taking action in the Courts. Now when you read this, he is saying, well, this is only a draft so to blame us if it doesn't quite go to plan!!
D-C
Scalawag
Scalawag
Posts: 67
Joined: Tue Apr 10, 2018 8:34 pm

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by D-C »

https://www.bailii.org/ew/cases/EWHC/Ch/2014/2117.html
A document, which for some defect of form (but which is otherwise valid) fails to take effect as a legal mortgage will (subject to section 2 of the 1989 Act) be a good equitable mortgage. The basis of this is the court's power specifically to perform a contract to create a legal interest in land. See Fisher & Lightwood Law of Mortgage 13th Ed at par 3.6 and the cases cited at footnotes 1 and 2.
Comrade Sharik
Pirate
Pirate
Posts: 179
Joined: Thu May 11, 2017 2:17 pm

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by Comrade Sharik »

Errors & Omissions Excepted
Surely that should be Expected?
Arthur Rubin
Tupa-O-Quatloosia
Posts: 1756
Joined: Thu May 29, 2003 11:02 pm
Location: Brea, CA

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by Arthur Rubin »

I'm reading a novel about an OCD teen investigating the disappearance of a billionaire neighbor. Seems more plausible than the "legal" "statement" above. Did anyone notice the US (not UK) Court terminology included?
Arthur Rubin, unemployed tax preparer and aerospace engineer
ImageJoin the Blue Ribbon Online Free Speech Campaign!

Butterflies are free. T-shirts are $19.95 $24.95 $29.95
User avatar
Gregg
Conde de Quatloo
Posts: 5631
Joined: Fri May 21, 2004 5:08 am
Location: Der Dachshundbünker

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by Gregg »

I'm pretty sure I paid at least part of the grift for a copy of his epic failfilm, so I'm not even gonna feel guilty about mining this new pile of dog crap for things to mock. And yes, it's almost certainly a collection of copy paste twaddle from US sourced Frontier Gibberish that uses our terms, but doesn't work here and is less likely to work there.
Supreme Commander of The Imperial Illuminati Air Force
Your concern is duly noted, filed, folded, stamped, sealed with wax and affixed with a thumbprint in red ink, forgotten, recalled, considered, reconsidered, appealed, denied and quietly ignored.
aesmith
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 1462
Joined: Tue Jul 05, 2016 8:14 am

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by aesmith »

SoLongCeylon wrote: Sun May 12, 2019 6:27 amand if you agree with those stupid terms, you are given access to this:
Or in fact you can just go straight to .. https://www.thegreatbritishmortgageswin ... teps-1.pdf
User avatar
AnOwlCalledSage
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 2456
Joined: Fri Dec 15, 2017 5:56 pm
Location: M3/S Hubble Road, Cheltenham GL51 0EX

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by AnOwlCalledSage »

If any party ignores this declaration and/or falsely purports to have the right to use it for the purposes of procuring material gain, they will be held liable for fraud.
The fool. Not even protected with a password! The only action he has is a civil copyright claim.

However, there is a fair use defence for the purpose of reporting news and an attempted scam on mortgage companies would be news. I suspect a court would also hold that publishing that nonsense would fall under a public interest defence in order to stop people falling for an obvious scam.

Then he is claiming that use of it for material gain that is "fraud" so, in his own words, free dissemination is also okay.

A great legal genius he is not! :snicker:
Never attribute to malice what can be adequately explained by stupidity - Hanlon's Razor
John Uskglass
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 1074
Joined: Wed Jan 25, 2017 1:21 pm

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by John Uskglass »

The only action he has is a civil copyright claim.
IANAL but given that
This document is the property of The Michaels of Bernicia and Deira.
Who I suspect not to be legal entities, wouldn't that be a bit difficult? It all feels a bit Cocklecarroty to me.
Wakeman52
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 304
Joined: Sat Nov 26, 2016 7:50 pm
Location: North of the Watford Gap, UK

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by Wakeman52 »

However, for the first time since the Battle of Waterloo in 1815, the British people have a golden
opportunity to end the tyranny of the banksters on these ancient shores, so we must make sure that
this time we seize it without hesitation.
Given the magnitude of this non-sequitur (notwithstanding the poor sentence structure & grammar, a common theme throughout the document), history doesn't seem to be a strong point either.
Our future is like that of the passengers on a small pleasure boat sailing quietly above the Niagara Falls, not knowing that the engines are about to fail. James Lovelock.
aesmith
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 1462
Joined: Tue Jul 05, 2016 8:14 am

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by aesmith »

AnOwlCalledSage wrote: Mon May 13, 2019 11:14 amThe fool. Not even protected with a password! The only action he has is a civil copyright claim.
Copyright would only protect the work in any case, not any actual facts or ideas that it expressed. If anyone was mad enough to think any of his grounds had any merit there's absolutely nothing he could do to prevent people acting on them independently. Nor any recourse against them.

I wonder whether all that bluster is intended to dissuade people like Steve Expert in FA horning in on the ideas? That would be a bummer wouldn't it, M of B puts all this effort into composing this nonsense, then the E in FA cashes in.
User avatar
noblepa
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 731
Joined: Thu Sep 11, 2014 8:20 pm

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by noblepa »

longdog wrote: Thu May 09, 2019 8:34 am
That little detail was seized upon with great enthusiasm by certain members of the sovcit and footler communities we've come to know and love, who basically thought this meant that they could get all their payments back and keep the house. Unfortunately, rescission (usually) doesn't work that way.
I suppose any loan agreement can be rescinded at any time by the simple expedient of paying it off but that's not really rescission is it?

Rescission sounds much more FMOTLy :mrgreen:
The difference is that, in the case of simply paying the outstanding balance, you must include accrued interest. When you rescind a transaction, it is as if it never happened. Since the lender hasn't disbursed any money, there is nothing to repay and no accrued interest. There may be loan application fees, etc., that are not refundable.

I don't know how a rescision would affect one's credit rating. Paying off a loan would certainly have a positive affect on that.
longdog
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 4806
Joined: Fri Apr 17, 2015 8:53 am

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by longdog »

His copyright claim looks suspiciously like a "You can copy this freely. You cannot copy this" declaration which the courts would most likely hold was essentially meaningless and unenforceable.

He says members of his mailing list can share it freely but he doesn't impose any restrictions on those receiving it as a result.

Restrictive copyright notices which do allow sharing under some but not all circumstances exist but this isn't one of them.

And "fraud"? No... Not even close.
JULIAN: I recommend we try Per verulium ad camphorum actus injuria linctus est.
SANDY: That's your actual Latin.
HORNE: What does it mean?
JULIAN: I dunno - I got it off a bottle of horse rub, but it sounds good, doesn't it?
User avatar
grixit
Recycler of Paytriot Fantasies
Posts: 4287
Joined: Thu Apr 24, 2003 6:02 am

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by grixit »

Wakeman52 wrote: Mon May 13, 2019 1:34 pm
However, for the first time since the Battle of Waterloo in 1815, the British people have a golden
opportunity to end the tyranny of the banksters on these ancient shores, so we must make sure that
this time we seize it without hesitation.
Given the magnitude of this non-sequitur
Not a non-sequitur to the sovs. It's a reference to one of the conspiracy theories about the je-- oops, banksters. See, Napoleon's wars left all of Europe broke. So the nations all had to go meekly to their local loan shark, namely the House of Rothschild, for a bail out. The treaties that came out of the Congress of Vienna are just the public face of a set of arrangements intended to place all citizens into secret financial bondage. The elite agreed to this so they could continue to have yachts and mansions and orgies and general pretend that they were still in charge. That's why we have paper money, taxes, and interest charges.
Three cheers for the Lesser Evil!

10 . . . . . . . . . . . . . . . 2
. . . . . . Dr Pepper
. . . . . . . . . . . . . . .. . . 4
User avatar
Gregg
Conde de Quatloo
Posts: 5631
Joined: Fri May 21, 2004 5:08 am
Location: Der Dachshundbünker

Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by Gregg »

Wakeman52 wrote: Mon May 13, 2019 1:34 pm
However, for the first time since the Battle of Waterloo in 1815, the British people have a golden
opportunity to end the tyranny of the banksters on these ancient shores, so we must make sure that
this time we seize it without hesitation.
Given the magnitude of this non-sequitur (notwithstanding the poor sentence structure & grammar, a common theme throughout the document), history doesn't seem to be a strong point either.

Unless he's talking about the Battle of Waterloo Station* I don't think he knows much about Geography, either.

*Often referred to as "The English equivalent of 'The Bowling Green Massacre' over here in the colonies. :snicker:
Supreme Commander of The Imperial Illuminati Air Force
Your concern is duly noted, filed, folded, stamped, sealed with wax and affixed with a thumbprint in red ink, forgotten, recalled, considered, reconsidered, appealed, denied and quietly ignored.