advice on affidavits

This includes Live Birth Trusts (LBT), and "Accepted for value" (A4V)

advice on affidavits

Postby heartcentre » Tue Feb 01, 2011 9:30 pm

Hello All

I am considering accepting for value a default notice presented to me th by santander.

The response I am sending is a template - I understand what template letter is saying and as part of the letter there is an affidavit! Though I have been studying some of the key principles associated with A4V and sort of understand I cannot really say i fully know.

What are the consequences of using an affidavit in correspondence to the bank and requesting that the bank lalso respond with an affidavit?

This is for a default notice and an outstanding overdraught!

I you have experience of such or know what the case may be I would really appreciate your help!

Thanks
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Re: advice on affidavits

Postby holy vehm » Tue Feb 01, 2011 9:36 pm

An affidavit is your 'statement of truth'. Its the facts as you see them or as you take to be true, the bank may well respond like wise but this would be their rebuttal of your statement of truth, to question it.
To me they are instruments of negotiation until one isnt rebutted and is acceoted as the truth (your statment wins)

You do have to be carefull with what you put and the wording that you use, these are usually quite presice documents.
"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
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Re: advice on affidavits

Postby huntingross » Tue Feb 01, 2011 10:03 pm

There isn't a single story I've heard where a Bank or anyone else for that matter has responded in like to an affidavit.

What are the chances of someone from a company doing that and accepting full liability for their actions.

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Re: advice on affidavits

Postby holy vehm » Wed Feb 02, 2011 8:36 am

huntingross wrote:There isn't a single story I've heard where a Bank or anyone else for that matter has responded in like to an affidavit.


So if you send an affidavit to 'any' company, they are unlikely to respond in kind.

My understanding is that an affidavit is your statement of truth, so if you have a grievance, the facts you outline is your affidavit, the truth as you see it based on the facts you present.

The company would then either accept your truth or rebutt it. This rebuttal is then the companies facts as to why you are wrong, is this rebuttal not a statement of truth? The truth as they see it according to the facts they present.

You say that a bank or anyone else have not responded to an affidavit in like, but does this mean they cannot? I can see what you are saying regards the banks, I was speaking generally but can see that using the banks was a bad example.

Maybe im seeing an affidavit in a too simplistic a way.
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Re: advice on affidavits

Postby huntingross » Wed Feb 02, 2011 5:07 pm

No HV, your account of an affidavit is pretty much the story, but have any of us seen a notice countered by a notice of rebuttal, or an affidavit rebutted point by point with an affidavit on full commercial liability and penalty of purjury, I know I haven't had one.

Fools these people might be, but suicidal they're not.....hands up who'd put their head over the parapet for a companies policy that might end you up in court penniless and homeless
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Re: advice on affidavits

Postby ArturoDekko » Wed Feb 02, 2011 6:20 pm

These are maxims of law that have been around a long time and accepted as truth and as the basis of law:

P.4 Whereas it is my understanding that in Commerce truth is sovereign
leading to the legal maxim: "To lie is to go against the mind.", and,

P.5 Whereas it is my understanding that Truth is expressed by means of an affidavit, and,

P.6 Whereas it is my understanding that an un-rebutted affidavit stands as the truth in
Commerce, leading to the legal maxim: "He who does not deny, admits.", and,

P.7 Whereas it is my understanding that an un-rebutted affidavit becomes the judgement in Commerce, leading to the observation that any proceeding in a court, tribunal, or arbitration forum consists of a contest, or "duel," of commercial affidavits wherein the points remaining un-rebutted in the end stand as the truth and the matters to which the judgement of the law is applied, and,

P.8 Whereas it is my understanding that a matter must be expressed to be resolved, leading to the legal maxim: "He who fails to assert his rights has none.", and,

P.9 Whereas it is my understanding that sacrifice is the measure of credibility, leading to the observation that one who is not damaged, put at risk, or willing to swear an oath that he consents to claim against his commercial liability in the event that any of his statements or actions is groundless or unlawful, has no basis to assert claims or charges and forfeits all credibility and right to claim authority, leading to the legal maxim: "He who bears the burden ought also to derive the benefit.", and,

P.10 Whereas it is my understanding that a lien or claim can be satisfied only through rebuttal by Counter-affidavit point-for-point, resolution by jury, or payment, leading to the legal maxim: "If the plaintiff does not prove his case, the defendant is absolved."

It does not matter why they do not or cannot respond to your notices and affidavit, without rebuttal, they stand as truth in law. However, as many Freemen have found, magistrates and judges in the lower courts believe they can ignore truth and pass judgement on here-say evidence from a third party witness, their solicitor. This is a gross dereliction of the very precepts of law but the system is crooked and defends itself with force using their revenue collection boys in blue.

You can do your paperwork so you know you are standing in honour but this in itself may not win a court battle, where the bank has hired the chambers and the judge.

You can also just ignore their letters, bin them or stick them back in the post. I work on the fact that if they have no proof of receipt, you signing for it, they can have no lawful claim that you ever received the letter. If you do not mind losing your bank account and getting black marks on your credit history, then ignoring is easiest. They will get fed up and sell your debt to a collection agency for 10% of its value (which shows how much it was worth in the first place). The collection agency definitely has no contract with you so you have no obligation to respond unless you really want to inform them they have no contract. You may well get strange or pestering phone calls and you just have to remember NEVER to identify yourself unless it is someone you know and do want to talk to. See http://www.fmotl.com/forum/viewtopic.php?f=65&t=6291&p=56352#p56352
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