Random Freemanesque Babblings II: Back to the Futile

[AnOwlCalledSage]

Latest from nutjobs in court news.

https://www.shropshirestar.com/news/uk- ... of-honour/

[TheRambler]

From the FaceBook group Contract Privacy Trust Knowledge Share, someone has actually quoted cases against collection companies and others that have been successfully defended in court:

Mark Cw
Top contributor
Rhys Jones won't help again here's some recent cases , good luck. By the way just won my case against Perch financial and TM Legal Services. My defence was written and logged and I won. Thrown out by the judge as they did not hold a certain document that every one is telling people to ask for and no one listens !??
Again, the Claimant may not be regulated or authorised by the Financial Conduct Authority and holds no rights of claim pursuant to Section 26A(4) of Financial Services and Markets Act 2000 (as amended), and you should motion the court to strike out the claim pursuant to Civil Procedure Rules 3.4(2)(a) and (b).
You could also use the following cases under horizontal stare decisis (the legal principle of determining points in litigation according to precedent):
• Cabot Financial (UK) Limited v Harvey (2020) (Leicester County Court)
Application to set aside Judgment and Summary Judgment for the Defendant and Claim struck out as the Claim has been issued totally without merit, fails to bring any Cause of Action against the Defendant and is an abuse of the process. Cabot consents to Judgment set aside and the claim dismissed.
• MFS Portfolio Ltd v Phelan & West (2019) (Cambridge County Court)
The Judgment was successfully appealed after a four-day appeal before HHJ Walden Smith on the issue of assignment and the current account overdraft itself was declared to be unenforceable under s.127(3) the Consumer Credit Act 1974.
• Marlin Europe 1 Limited v Dzirvinskis (2019) (Gloucester County Court)
(Claimant part of Cabot Credit Management Group) - Claim for monies owing under a HSBC Bank plc consumer credit loan agreement and a HSBC Bank plc personal current account overdraft – claim dismissed as claimant could not prove title and the loan agreement and current account were unenforceable.
• Cabot Financial (UK) Limited v Roper (2019) (Brighton County Court)
Cabot obtained judgment in lower court. Judgment successfully appealed. Grounds of Appeal included agreement unenforceable within multiple sections of the Consumer Credit Act 974 and the Claimant had not established title to sue. The Claimant consented to the appeal.

One wonders why these successes haven’t been shouted from the rooftops?

TheRambler

[John Uskglass]

Looks as if Cabot Financial might be in the habit of playing fast and loose with the rules.
https://joannaconnollysolicitors.co.uk ... 0to%20sue.

Probably down to the fact that they appear to be a 'sausage factory'.

Cabot usually issue the claims against consumers in bulk using a firm of Solicitors namely Mortimer Clarke Solicitors, who are also part of the Cabot Group.

[TheRambler]

Looks as if Cabot Financial might be in the habit of playing fast and loose with the rules.
https://joannaconnollysolicitors.co.uk ... 0to%20sue.

Probably down to the fact that they appear to be a 'sausage factory'.

Cabot usually issue the claims against consumers in bulk using a firm of Solicitors namely Mortimer Clarke Solicitors, who are also part of the Cabot Group.

Thanks for that, the philosophy is clearly to do it at minimum cost and accept that you'll lose a few. The problem for the FOTLers is that the successes are in the main achieved by "mainstream" legal companies. Template actions still require significant knowledge and application to ensure success. Some smoke and mirrors as usual.

TheRambler

[AnOwlCalledSage]

Thanks for that, the philosophy is clearly to do it at minimum cost and accept that you'll lose a few.

This is observational rather than making any claims about Cabot, but to be honest I'm not surprised they are getting cases thrown out. They appear to buy up any dodgy old debt and then try to enforce it sloppily.

Case in point. A previous tenant on my block scarpered leaving unpaid credit and mobile bills (you could see the CCJs turning up by post. A Northampton return address is the giveaway). This was 5 years ago.

At some point, his address on one of these debts was "swapped" to mine. So the endless cycle goes on. A letter from Cabot. I call and explain that this person has never lived here. I even helpfully tell them which address he used to live at. "We'll take you off the system and you won't get any more." A month or two later another debt letter arrives. Rinse and repeat.

I'm not sure how debt collection agencies finance themselves, but I get the impression that they need to go through the motions to retain the asset value of bought debts that are on their books. My understanding is that unsecured debts are written off after 6 years if there is no attempt to recover them but I could be wrong.

Furthermore, despite the fact that debts can be claimed anytime in the future, debt collection in the UK is controlled by the ‘statute of limitations’.

This indicates that after a period of six years, unsecured debts become statute barred if it meets certain criteria. In this case, the debt can be written off and you will no longer be obligated to make payments and creditors/debt collectors cannot force you to pay.

However, note that if any court action is initiated or if you acknowledge the debt, this period resets.

[John Uskglass]

I'm not sure how debt collection agencies finance themselves,

At least in part by sending threatening letters which imply that goods may be seized etc, even before a court order has been obtained. You only have to manage to frighten a small proportion of the vulnerable and/or ignorant into paying up to make a profit on your bulk mailing.

[TheRambler]

I'm not sure how debt collection agencies finance themselves,

At least in part by sending threatening letters which imply that goods may be seized etc, even before a court order has been obtained. You only have to manage to frighten a small proportion of the vulnerable and/or ignorant into paying up to make a profit on your bulk mailing.

I agree, debt collection and its associated processes is a rather murky industry that seems to have some interesting operators and operatives. In some ways similar to the Customer Control Technicians who man the doors of the night-time economy, although that sector has been better regulated in recent years.

All in all, it's not an easy area to regulate.

TheRambler

[John Uskglass]

Verdicts are in for the Going Postal kidnap plot.

https://www.dailymail.co.uk/news/articl ... idnap.html

A group who turned up at a court with handcuffs and demanded to know where the senior coroner was have been found guilty of a plot to kidnap him.

Lincoln Brookes, senior coroner for Essex, said he received a series of 'very bizarre' letters in 2022 before receiving emails in April 2023 stating that 'corporal punishment may be administered'.

He described the emails, which claimed to be warrants 'for seizure of goods and persons', as 'troubling' and 'upsetting'.

Mr Brookes told Chelmsford Crown Court that in an attachment to an email he was accused of 'detrimental necromancy'.

Mark Christopher, 59, of Forest Gate, east London, Matthew Martin, 47, of Plaistow, east London, Shiza Harper, 45, of South Benfleet, Essex, and Sean Harper, 38, of South Benfleet, Essex, turned up at the coroner's court in Chelmsford on April 20 last year.

[TheRambler]

Verdicts are in for the Going Postal kidnap plot.

https://www.dailymail.co.uk/news/articl ... idnap.html

The sentences for this will be interesting, the plot may well have been fantasy, but I feel the consequences will be very real.

TheRambler

[Angolvagyok]

I may have missed somebody else pointing it out in this thread, and apologies if so, but Mr. Christopher has been at this for years. His MMS stuff was detailed here: https://quatloos.com/Q-Forum/viewtopic.php?t=10443

[JohnPCapitalist]

Verdicts are in for the Going Postal kidnap plot.

https://www.dailymail.co.uk/news/articl ... idnap.html

The sentences for this will be interesting, the plot may well have been fantasy, but I feel the consequences will be very real.

TheRambler

The sentences are likely to be unique given that these yokels are followers of the late David-Wynn: Miller, the creator of a deranged form of written English that looks more like the old COBOL programming language.

I'll show myself out...

[aesmith]

W these whacks actually accept their own promissory notes? From Facebook "The Sovereign Fraternity" ...

"I am looking for advice please. Pete Stone are you or someone else available to speak on the phone? Thank you.
Ps.. promissory notes in your preferred format for services provided are available"

[SpearGrass]

the plot may well have been fantasy,

Given that they turned up at the actual location, entered court in numbers equipped with handcuffs, with a vehicle outside to transport their prisoner, I don't think their intention to kidnap the judge and beat him up can be categorised as fantasy. The idea that colon Kishon is a judge etc is fantasy, but their plan to inflict violence was feasible.

[ArthurWankspittle]

Art of Law was predicting 5 - 7 years IIRC.

[SpearGrass]

Art of Law was predicting 5 - 7 years IIRC.

I looked up some kidnap cases in the Court of Appeal (there's no Sentencing Council guideline). 6 - 9 years for this sort of kidnap after trial. In this case of course the kidnap didn't come off which may reduce it. However the assault on the justice system is an aggravating feature. I think 5 - 7 isn't a bad call. For the footsoldiers it may depend on what they tell the report writer. Repentance never does any harm as it reduces risk. I doubt colon Kishon will be cooperative though. He would struggle to admit he was wrong, though sometimes this type does a 180 and tries to ingratiate.

[Hercule Parrot]

One wonders why these successes haven’t been shouted from the rooftops?

Possibly because County Court judgements are not generally published or precedential. So you'd have to rely on the source being reliable - not uncommon for these eejits to just make stuff up. Fortunately in this case, the information is reasonably trustworthy, because he nicked the whole text from an actual lawyer. Joanna Connolly seems to specialise in fighting off Cabot's dodgy practices, and these are her successes. Significant that the bollocks about horizontal stare decisis are not hers. Instead she rightly warns readers that "Please note that County Court decisions are not binding on other judges. Each case has to be argued and defended on its own merits."

https://joannaconnollysolicitors.co.uk/ ... ent-group/

[AnOwlCalledSage]

Joanna Connolly seems to specialise in fighting off Cabot's dodgy practices...

The finance dance macabre goes on. After calling Cabot mid-July and "We'll take your address of the system and you'll hear no more from us" this month's letter arrives

Let's hope I get more joy with the solicitor firm they've passed it too who have also just told me "we'll get this address removed."

To be honest it's a minor annoyance for me but presumably the costs and fees are still escalating for a debt that they will never collect despite being told this many many times! And then we wonder why there are sometimes the occasional successes as opposed to the normal !!!SUCESS1!!

[AnOwlCalledSage]

As it's been quiet, I thought I'd see if there had been any recent cases.

https://caselaw.nationalarchives.gov.uk ... /2024/1866

TL;DR He tried paying off company loans using promissory notes and ended up with a Civil Restraint Order and £55,254 in costs.

19th July 2024
Between :
PHIL RYAN Respondent/Claimant
- and -
LVR CAPITAL LIMITED Applicant/Defendant
(In Administration)

Master Giddens, striking out three claims which also drew on freeman on the land thinking, described the building blocks on which the claims had been erected as:

“a nonsensical and harmful mix of legal words, terms, maxims, extracts and statutes which are designed to look and sound good, at least to some. But they stand only as an approximation of a claim in law, a parody of the real thing.”

The same can be said here of many of Phil Ryan’s contentions and communications. They comprise legal gobbledegook, a stitching-together of legal-sounding phrases, quotes from cases and names of statutes without any solid basis in legal principle. Phil Ryan’s pseudolaw is drawn in part from the USA and contains references to both English and American statutory and other legal texts, particularly the Uniform Commercial Code, which is a set of laws governing commercial transactions in the USA, uniformly adopted into the law of each state.

[TheRambler]

As it's been quiet, I thought I'd see if there had been any recent cases.

https://caselaw.nationalarchives.gov.uk ... /2024/1866

TL;DR He tried paying off company loans using promissory notes and ended up with a Civil Restraint Order and £55,254 in costs.

19th July 2024
Between :
PHIL RYAN Respondent/Claimant
- and -
LVR CAPITAL LIMITED Applicant/Defendant
(In Administration)

Now Owl, were some mischievous individual to post that information on the Contract\Trust\Privacy Law Knowledge Share Facebook page you would find that the truth of the matter is a corrupt fraudulent court system that is a corporation having no authority or existence in law. Apart from that, the defendant obviously didn’t use the correct colour pens or a Trancash giro.

TheRambler

[JamesVincent]

..the defendant obviously didn’t use the correct colour pens or a Trancash giro.

TheRambler

You mean crayon?