Advice please. Time URGENT!

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Advice please. Time URGENT!

Postby js41uk » Sun Oct 04, 2009 8:16 pm

Hi, I am posting this for my brother who cannot get on the internet at the moment. His name is Mark. Both he and I, are a somewhat knowledgeable about freeman.

Mark recently recieved a summons for credit card debt that he had heard nothing about for several months.

The following is a reply that we sent to the court, and we also sent a reply tothe solicitors, and the creditor HSBC.

In care of
XXXXXXXXXXXXX
Bridgend
Near: [XXXXXXX]
24/09/2009

Re: [XXXXXXXX] dated 16 September 2009
Notice of Request for Clarification of Paperwork Received.

To:
The Clerk of the Court
21-27 St Katharine's street
Northampton
NN1 2LH

Dear Sirs,

The enclosed paperwork was delivered to the address at which I dwell.

It was addressed in the name MARK HOWARD XXXXXXXXX

I have been led to believe this signifies that the paperwork was addressed to a legal fiction known as a PERSON, which is, in point of fact, the name of some CORPORATION.

I would be most grateful if you would kindly confirm or deny my understanding in this respect.

As a sovereign Human Being, with a living soul, and consequently (as I understand it) under Common Law jurisdiction (i.e. the law-of-the-land, as opposed to Corporate or Statute Law, namely the law-of-the-sea), I am not entirely sure why I have received this paperwork, and would be grateful for any clarification in this matter. I have no wish to dishonour any valid and lawful obligation on my part.
Article 45 of the Magna Carta 1215 states quite clearly: "We will appoint as justices, constables, sheriffs, or bailiffs only those who know the law of the realm and who wish to observe it well", and this cannot be repealed or voided in any way because it pre-dates all Parliaments, and furthermore the document itself says so in other Articles. And said document bears the Royal Seal. In consequence of this I assume you can clarify, in lay terms, the points raised herein.

According to Dun & Bradstreet there is a registered company known as NORTHAMPTOM COUNTY COURT trading as court service agency. Since it is possible to obtain a D&B Credit Report on said company, it seems reasonable to assume that it is in business, actively trading, and offering services. Please confirm that your good selves have no connection with said Trading Company, and that said paperwork was not an issuance from it, being merely an offer to provide a service.
As a matter of courtesy and because I knew nothing about this matter until your paperwork arrived, I have enclosed a copy of a correspondence to DG Solicitors and to HSBC Bank PLC.

Sincerely and without ill will, vexation or frivolity


Mark: of the XXXXXXXXXXXX family
WITHOUT PREJUDICE, i.e. all Natural Inalienable Rights Reserved
Please address all future correspondence in the matter to a direct Human Self, namely mark: of the XXXXXXXXX family, as commonly called.

Encl: Original paperwork as received.

Copy of correspondence to DG SOLICITORS
Copy of correspondence to HSBC BANK PLC

We sent a noticie to the solicitrors to cease harrasment and a notice to the hsbc bank requesting calirfication.

On Sat (yesterday) we recieved a correspondence from the court saying:

HSBC BANK PLC 8 CANADA SQUARE 1st claiment ref XXXXXXXX


MARK HOWARD XXXXXXXXX 1st defendant

Before District Judge Murdock sitting at Northampton (CCBC) County Court,4th Floor St Katherine's House, 21-27 St Katherine's Street,Northampton,NN1 2LH

The Judge orders that


The defence shows no prospect of success and is struck out
The defendant shall file and serve a fully paticularised defence by 4pm on the 5th of october 2009
if no defence is filed the claimant may enter judgment in default

Mark has no way of getting to the court or filing any sort of defence in the time allowed.

It seems to me that the time allowed is unreasonable, is this correct?


Any advice would be welcomed.

Kind Regards

Jon
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Re: Advice please. Time URGENT!

Postby kevin » Mon Oct 05, 2009 12:04 pm

you sent this letter word for word viewtopic.php?f=36&t=2574 (or is that your thread too?)

and got a word for word reply as you would expect form the same court.

I do wish people would stop trying to use Dunn + Bradstreet as proof of anything other than someone/an organisation has a credit rating.

Have you asked for proof of the claim from the bank? offered conditional acceptance upon proof?
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Re: Advice please. Time URGENT!

Postby js41uk » Mon Oct 05, 2009 1:41 pm

Kevin, we sent this to HSBC

To:
HSBC BANK PLC
8 Canada Square
London
E14 5HQ

Dear Sir/Madam,
,
Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.

The reason why you need to read carefully is simple. I am offering conditional agreement. This removes controversy, and means that you no longer have any ultimate recourse to a court of law in this matter, because there is no controversy upon which it could adjudicate. You always have the option of dragging these conditions into a court of law only to be told that they are, indeed, perfectly lawful. That is, of course, always your prerogative should you decide to waste your time.

For this reason it is important that you consider and respond to the offer in substance. The 'nearest official form' will not suffice, and consequently is likely to be ignored by myself without any dishonour on my part.

On the other hand there is a time-limit on the agreement being offered. It is reasonable, and if it runs out then you and all associated parties are in default, removing any and all lawful excuse on your part for proceeding in this matter.

For these reasons it is recommended that you carefully consider this notice and respond in substance, which means actually addressing all of the points raised herein.

You have apparently made a claim that I have current owing balance OF £2433.52


I do not understand this apparent claim and therefore cannot lawfully fulfil it. I seek clarification of your document so that I may act according to the law and maintain my entire body of inalienable Natural Rights.
I will NOT contact or correspond in any way with DG SOLICITORS, for the reasons set out in my NOTICE to them, dated 24th September 2009, a copy of which is attached.
I WILL however continue correspondence with yourselves upon receipt of the following;
1. A signed bill or invoice for the alleged debt.
2. Proof of the actual accounting of the money loaned (consideration). (the actual accounting which proves where you acquired the 'Credit' to loan to me from.)
3. A bilateral contract signed by both parties. (a sworn affidavit or even just a signed invoice- signed is important!)

Failure to supply all the requested clarifications completely and in good faith within 14 (FOURTEEN) days will be deemed by all parties to mean you and your principal or other parties abandon all demands upon me.



Mark: of the XXXXX family
WITHOUT PREJUDICE, i.e. all Natural Inalienable Rights Reserved
Please address all future correspondence in the matter to a direct Human Self, namely Mark: of the XXXXXXXXXXX Family, as commonly called.
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Re: Advice please. Time URGENT!

Postby kevin » Mon Oct 05, 2009 4:00 pm

I don't know enough to say whether you can stop it going to court now or not, you should of asked for proof of claim well before it got to the summons stage, one thing is make sure it's a real summons...some of these companies send letters designed to scare you into paying that look like a court summons, they shouldn't but they do.

oh, just noticed the date for filing a defence by is today.
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Re: Advice please. Time URGENT!

Postby js41uk » Tue Oct 06, 2009 10:46 am

Thanks for the reply Kevin, yeah mistakes have been made with this, but my brother had forgoten about it and has not heard anything for about 5 months and suddenly gets a summons. We have done what we can however so we'll see how it pans out.

Cheers

Jon
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Re: Advice please. Time URGENT!

Postby Leeds » Wed Nov 11, 2009 7:36 pm

hi Js41uk,

did you get a reply to your last letter?

i am wanting to send a similar one to my bank.

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Re: Advice please. Time URGENT!

Postby musashi » Sat Jan 02, 2010 11:45 pm

late in the day for any help from me so , for future adventures in legalland, download a copy of the CIVIL PROCEDURES RULES and you'll know all about time limits and filing and serving. If you are versed in the freeman way then court should hold no fear for you. There are many remedies when you're there. Subject matter jurisdiction. The famous old Negative Averment. Object to the sentence/decision. Waive all benefits and priveleges. Appoint a fiduciary (the prosecutor). Or, just don't go. Choose your poison. If you're going to use a template then be certain that you have informed whoever reads it that you are relying on others and probably can't do the job yourself - so they push you till you collapse. In martial arts we learn not just how to strike, but how to defend against our opponent's counter. This is equity, too. If your claimant is a finance operator then subpoena their accounts - which they don't have - and you win hands down. Keep it simple, keep it out of court - unless you are the claimant - and keep it in equity. Deconstruct the template you want to use and create your own with your own understanding, and this gives it the flavour of you. The contents remain recogniseable but the format is plainly not of the template. It gives you street cred. And genuine, useful experience. To keep it in equity and go on the attack, study THE VAN DYKE TAPES. Be both careful and serious. It's only a game when you know the game. Have you read INVISIBLE CONTRACTS? You can get both downloadable on the net. Van dyke tapes first. Hope all this doesn't sound critical or pompous, I tend to get carried away sometimes and forget my manners. Kindest regards, musashi
It's still fucked, isn't it?
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