Michael (of Bernicia) Waugh, UK bankster-buster

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

Post by AnOwlCalledSage »

I've posted it here as it is more pertinent to this thread, but O'Bonkers great success mentioned by Crawford puzzled me and ties back to the question of whatever happened to the original Bank of Scotland plc v Waugh (2104) EWHC 2117 (Ch) case.

It was well discussed here that the ruling declared that although the failure to witness the deed did mean that it was not a legal charge, it was an equitable charge. This I took to understand was that the bank couldn't automatically go barging in to recover the money using the power of attorney granted through the mortgage conditions, but the money had been lent and therefore could be recovered.

What has always been unsatisfactory is that the case ended with:
Whether or not the Bank is entitled to an order compelling the Trustees to execute further documents will be determined at the hearing when the judgment is handed down.
Now as O'Bollocks seems to be claiming victory, I wondered what the handing down actually said, and I wasn't able to find it. However I did find this on a legal website:
Postscript
In this case the Bank hoped to compel the trustees to perfect it by court order, and this was dealt with later in the day when Judge Behrens ordered the trustees to execute a fresh mortgage within a specified number of days, under the further assurance provisions of the original mortgage. If they failed to do so, then the court authorised a district judge of the Leeds District Registry to execute it.
So my reading of it is that, the courts did say that the original charge at the Land Registry was not valid (victory) but that they had a finite time to obtain a new properly authorised mortgage or have the charge officially registered anyway (massive defeat).

if anyone else can find out he actual handing down, it might clear things up.
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Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by aesmith »

AnOwlCalledSage wrote: Tue May 14, 2019 5:52 amIt was well discussed here that the ruling declared that although the failure to witness the deed did mean that it was not a legal charge, it was an equitable charge. This I took to understand was that the bank couldn't automatically go barging in to recover the money using the power of attorney granted through the mortgage conditions, but the money had been lent and therefore could be recovered.
The case actually went further and determined that the actions the bank had already carried out were not invalidated by removal of the legal charge.
67. Rectification operates for the future. There is no power to rectify retrospectively. See paragraph 8 of Schedule 4 and commentary in paragraph 46.017 of Ruoff and Roper – Registered Conveyancing. It follows that acts (such as the appointment of Receivers) carried out by the Bank under the charge prior to any order for rectification and acts of the Receivers are not void as alleged by Mr Waugh. Both the Bank and the Receivers were entitled to rely on the effect of registration of the charge.
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Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by dannyno »

I've found what seems to be the second judgement in Lexis.
There are before me two applications. One is an application by Mr Waugh, which in effect invites me to revisit various parts of the judgment I have handed down earlier this morning. The other is an application by the Bank for orders

(a) for permission to amend the Particulars of Claim to plead that Mr and Mrs Waugh are obliged under the terms of the Charge to perfect the instrument by executing it as a deed,

(b) for an order (by way of specific performance) requiring them to do so, and

(c) in default, for an order under section 39 of the Senior Courts Act 1981 that the Charge be validly executed as a deed by a District Judge of the Chancery Division
Behrens discusses and disposes of Waugh's application, concluding that "I am not willing to reconsider my judgment or to alter its effect in any way."

He then moves on to the Bank's application.
The bank anticipates that notwithstanding an order of the court the history of this case shows that Mr and Mrs Waugh are unlikely to execute the charge and they therefore also invite me to exercise my power under s.39(1) of the Senior Courts Act 1981 to direct that if they do not execute the charge within a time specified by the court the charge can be executed by a person that the court may nominate for that purpose.
He quotes:
S. 39 provides

(1) Where the High Court [or family court] has given or made a judgment or order directing a person to execute any conveyance, contract or other document, or to indorse any negotiable instrument, then, if that person—

(a) neglects or refuses to comply with the judgment or order; or

the High Court [that court] may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed, or that the negotiable instrument shall be indorsed, by such person as the court may nominate for that purpose.

(2) A conveyance, contract, document or instrument executed or indorsed in pursuance of an order under this section shall operate, and be for all purposes available, as if it had been executed or indorsed by the person originally directed to execute or indorse it.

The notes to paragraph 9A- 138 of Vol 2 of the 2014 White Book make clear:

An order under this section should not be made in anticipation of a failure to execute unless the defendant has already shown by his conduct that he refuses and will refuse to execute (Savage v Norton [1908] 1 Ch. 290).
Behrens says:

"I take the view that this case does fall within the proviso to the note. "

He goes on:
In my view, execution by an officer of the court is execution by an individual and therefore, under s.1.3 of the 1989 Act such execution needs to be witnessed. It seems to me therefore, that the order should make it clear if and in so far as the document is not properly executed by Mr or Mrs Waugh, any execution by an officer of the court should be attested in accordance with s.1.3 of the 1989 Act.

The question arises as to who that officer should be. In my view the appropriate person is a District Judge of the Leeds District Registry authorised to deal with matters in the Chancery Division.
The conclusion:
It follows that the applications by the bank succeed, but the application by Mr Waugh for me to reconsider my judgment fails.
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Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by AnOwlCalledSage »

Thanks :lol: I've always wondered what success!!! 1!!! looked like :snicker:

So if I have it right, the victory he has told his acolytes he secured is that it was ruled an invalid registration at the Land Registry owing to non-witnessed signatures on the deed but he still owes all the money and he has been indemnified zero pounds sterling by the Land Registry.

And that is the whole basis of his scheme to extract monies from desperate idiots.

It's one of those scams where I admire the grift of the grifter, but marvel at the stupidity of the griftee!
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#TGBMS The Great British Mortgage Swindle

Post by Zeek »

:sarcasmon:

I see its all gone quiet about TGBMS Image

Its un believeable the turn of events and how much success we are having in stopping unlawful/ illegal possession claims being refused and the judges siding with the people and going against the banks dont you think?

Ive personally helped stop 4 in court in the last 5 weeks and in some cases the judge has ordered exactly what we drafted.

All from using the TGBMS grounds, there going to be some humble pie being scoffed in here i feel ImageImageImageImageImage
Last edited by webhick on Sun May 19, 2019 12:27 am, edited 1 time in total.
Reason: Fixed the invalid image references (side effect is that images are now bigger). When putting images in your posts, please use the image tag!
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Re: #TGBMS The Great British Mortgage Swindle

Post by Zeek »

Great interview by the legend Ross ashcroft

https://youtu.be/1FRyopMmrN0
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Re: #TGBMS The Great British Mortgage Swindle

Post by ArthurWankspittle »

Zeek wrote: Fri May 17, 2019 10:26 pm :sarcasmon:

I see its all gone quiet about TGBMS Image

Its un believeable the turn of events and how much success we are having in stopping unlawful/ illegal possession claims being refused and the judges siding with the people and going against the banks dont you think?

Ive personally helped stop 4 in court in the last 5 weeks and in some cases the judge has ordered exactly what we drafted.

All from using the TGBMS grounds, there going to be some humble pie being scoffed in here i feel ImageImageImageImageImage
Doubt it. Micheal Waugh's case showed up a technicality which was corrected. He still lost the property. Tom Crawford, if he was getting help from those behind TGBMS, still lost his house to repossession.
As to "helped stop 4 in court" do you mean delay the process? Because I've done that. Prevent repossession? I've done that. But I didn't use any bullshit arguments about mortgages not being real, money from thin air, etc.
Here at Quatloos you don't get to say "helped stop 4 in court" without proof. Case numbers will be fine.

Also I'm moving this to the UK section.

[moderator note: Done, although I f*cked up some pointers]
Last edited by webhick on Sun May 19, 2019 12:28 am, edited 1 time in total.
Reason: Fixed invalid image references in quoted text. See original post for explanation.
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Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by Hercule Parrot »

Gregg wrote: Mon May 06, 2019 7:41 pm Hasn't some court somewhere agreed that indeed a signature must be dated to be valid, but also found that the remey for ones missing said date is to have someone add it?
Yes, it was the Waugh case.

"The court held that in the absence of the formality specified in section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989, the charge did not create a legal charge. However it did satisfy the requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 so, although it failed as a legal charge, it could still take effect as an equitable mortgage and was capable of registration at Land Registry as such.

It was confirmed that the Bank may apply to court to enforce the equitable mortgage or for the trustees to be compelled to perfect the security by executing a legal charge which complies with the statutory necessities for creating a deed."

https://www.walkermorris.co.uk/publicat ... -security/#
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Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by Zeek »

:naughty: :naughty: :naughty:

More study for you son :beatinghorse:
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Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by Zeek »

Move it where you like :snicker:

You are all factually wrong and quite clearly clogged up with flouride :brickwall:

Please humour me and list the properties michael has allegedly lost :shrug:

Very presumtous and assumtious of you

"But I didn't use any bullshit arguments about mortgages not being real, money from thin air, etc."  

'Here at Quatloos you don't get to say "helped stop 4 in court" without proof. Case numbers will be fine.'

Oh really? Care to point me to place that states that i cant speak the truth without justifying myself to anyone?
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Re: #TGBMS The Great British Mortgage Swindle

Post by Hercule Parrot »

Zeek wrote: Fri May 17, 2019 10:26 pm Its un believeable the turn of events and how much success we are having ...
Yes. Literally unbelievable. If this ludicrous crusade was having any impact upon the administration of mortgages, the legal journals and blogs would be full of articles discussing what these new and significant changes would mean. You would have put a fox among the chickens, and the squawking would be very loud.
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Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by Pottapaug1938 »

Zeek wrote: Sat May 18, 2019 10:05 am Move it where you like :snicker:

You are all factually wrong and quite clearly clogged up with flouride :brickwall:

Please humour me and list the properties michael has allegedly lost :shrug:

Very presumtous and assumtious of you

"But I didn't use any bullshit arguments about mortgages not being real, money from thin air, etc."  

'Here at Quatloos you don't get to say "helped stop 4 in court" without proof. Case numbers will be fine.'

Oh really? Care to point me to place that states that i cant speak the truth without justifying myself to anyone?
Sure! To repeat what Arthur said:

"Here at Quatloos you don't get to say 'helped stop 4 in court' without proof. Case numbers will be fine."

In other words, Zeek, we are challenging your claim that you "speak the truth". Self-serving, conclusory statements like yours are not accepted, here, as evidence that you did what you claim you did. We need proof, in the form of case numbers and, preferably, also the caption of the case.

As for your other statements, they do not merit any serious consideration.
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Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by aesmith »

Zeek wrote: Sat May 18, 2019 10:05 amPlease humour me and list the properties michael has allegedly lost
Welcome to the forum.

Maybe someone has a full list to hand. Without trying too hard there's Asquorn House that was mentioned many times, then this case here [2017] UKUT 0270 (TCC) refers to "1-10 Walkers Building, Borough Rd, North Shields". To save reading the whole case a quick summary is that this property was taken in 2015 by the banks appointed receivers and sold. The case is an unsuccessful appeal against registering the new proprietor.
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Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by ArthurWankspittle »

From the case link above Bank of Scotland plc v Waugh (2104) EWHC 2117 (Ch)

11 In this application the Bank seeks summary judgment against Mr and Mrs Waugh of the sums due under the facility letter. As at 9th April 2014 these sums amounted to £1,970,791.66. There are no updated figures.

88 In the result I hold:

1. that there is no realistically arguable defence to the claim for the sums due under the facility letter and the Bank is entitled to summary judgment in respect of the sums claimed.

2. that the Trustees are not estopped from relying on the defects in the execution of the Legal Charge and that Mr Waugh is entitled to a declaration to that effect.

3. that the Legal Charge was, nonetheless, effective as an equitable charge. Whether or not the Bank is entitled to an order compelling the Trustees to execute further documents will be determined at the hearing when the judgment is handed down.
Zeek wrote:Please humour me and list the properties michael has allegedly lost
This action is concerned with the charge granted over Asquorn House in August 2003 and the monies due under a facility letter dated 18 July 2007.
What it does conclude is that the bank is owed about £2m by Mr & Mrs Waugh. Also see dannyno's post a few posts back.
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Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by longdog »

Zeek wrote: Sat May 18, 2019 10:05 am Oh really? Care to point me to place that states that i cant speak the truth without justifying myself to anyone?
Unless you justify your claims we have no way of telling if your truths are actually true or just more evidence-free FMOTL bullshit. So yes... You do have to justify yourself on Quatloos or risk being mocked mercilessly for making fantastic claims with a big evidence free gap where the evidence should be.

I'm the rightful king of Sweden you know... I don't have to justify myself to the likes of you. You'll just have to take my word for it.

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

Post by notorial dissent »

As I recall, the court also concluded at a later hearing that the trustees would either properly sign the deed/instrument, or the local magistrate would, so the "error/defect" had no real legal effect. He basically won one point and then lost the entire battle.
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Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by AnOwlCalledSage »

Zeek wrote: Sat May 18, 2019 10:05 am Oh really? Care to point me to place that states that i cant speak the truth without justifying myself to anyone?
Bloody Greta Garbo! Bloody Greta Garbo - stark naked save for a shortie nightie. She was hanging on to the window sill, and I could see her knuckles all white... saying 'Sage, Sage...' you know how these bloody Swedes go on - I said 'Get out of it!' - bloody Greta Garbo. She wouldn't go - she wouldn't go, I had to smash her down with a broomstick, poke her off the window sill, she fell down on the pavement with a great crash...
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Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by Burnaby49 »

Zeek wrote: ↑Sat May 18, 2019 3:05 amOh really? Care to point me to place that states that i cant speak the truth without justifying myself to anyone?
Translation - I'm babbling unsupported gibberish and copping an attitude to try and hide the fact that it's all bullshit.
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Re: Michael (of Bernicia) Waugh, UK bankster-buster

Post by Gregg »

Do I need to mobilize the Wiener Dogs for this guy?

I can muster from our Well Armed Bunker Complex on a moments notice if I need to!

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

Post by longdog »

Gregg wrote: Sat May 18, 2019 8:04 pm Do I need to mobilize the Wiener Dogs for this guy?

I can muster from our Well Armed Bunker Complex on a moments notice if I need to!

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There's already a flurry of activity at the bunker.

Time to start running Zeek...

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