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Defence for those having their action stayed

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  • Stokey125
    Stokey125 Posts: 671 Forumite
    lindilou39 wrote: »
    you can point anything you want my love...but he is quoting magna carta and sometimes the bickering between you is going over alot of heads.

    Sorry I wil try and keep it simple
    As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person
  • deary65
    deary65 Posts: 818 Forumite
    I'm a legal historian, my mind dwells more comfortably in the past, for that is were the future has been constructed. But I'm not adverse to applying those well established legal principles to matters of a present day nature, more especially so, when there is a clear injustice .. As I have said this matter could only be justly settled by a class action lawsuit( the wronged parties taking the action), such law, regrettably we do not have. As I say bear with me my thinking should become clear later.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.
  • sparky0107
    sparky0107 Posts: 3,496 Forumite
    Debt-free and Proud!
    Sorry to interrupt,
    Can anyone confirm that MCOL is not accepting any more cases for bank charges reclaiming? I've finally got my brother to get his *rse into gear to start his reclaim, if he finds out they wont acept his claim, he'll just give up and walk away from this (which as we all know the banks want us to).
    Hope you can give me some help.

    Thanks in advance gang
    Sparky0107 - Sealed pot challenge member #002. Total for SPC3 £1,030.57 Total For SPC 4 £2247.00 Total for SPC 5 £2574.62 :T Total for SPC 6 £4552.91:T
    :rotfl:LC2 & Jakes-Mum are off their heads :rotfl
    :j DEBT FREE AS OF 20/01/2012 :j
  • Stokey125
    Stokey125 Posts: 671 Forumite
    deary65 wrote: »
    I'm a legal historian, my mind dwells more comfortably in the past, for that is were the future has been constructed. But I'm not adverse to applying those well established legal principles to matters of a present day nature, more especially so, when there is a clear injustice .. As I have said this matter could only be justly settled by a class action lawsuit( the wronged parties taking the action), such law, regrettably we do not have. As I say bear with me my thinking should become clear later.


    I beg to disagree with you. In fact as I believe I may have said before a class action is possible by the use of Group Litigation Orders. I must confess I am not sure if they have ever been used where all the claimants are litigants in person but theorectically it owuld be possible. The otehr diffficulty is that you would need a separate order in relation to each bank.
    As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person
  • deary65
    deary65 Posts: 818 Forumite
    All the contracts are different in some way the issue, i believe, before the court concerns bank accounts only. Have you not though way there is only one token building society. The banks are in danger of proving that they are a monopoly.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.
  • deary65
    deary65 Posts: 818 Forumite
    In this post i shall try to explain how the law reasons in relation to a contract. Previous posts concerned the formation of the constitution, it is time to put that constitution together and explain it's nature(sole) , and why the law holds a contract to be almost sacrosanct.


    Definition of the constitution


    The body politic ( self governing body) has a head (the crown) a conscience ( Christian) a body ( the people).This is the constitution we all live inside bonded by our Christian blood and protected by the crown( God). When you enter into a valid contract generally in the course of your survival you have a binding agreement one which the law considers sacrosanct, and will allow no man to plunder. The only way your contract can be disturbed other than inter se, is by, a properly constituted act of parliament( lawful authority) incorporated into the body politic.( Christ's blood). This is the reason a judge sitting under the “crown” cannot hear this case, the instrument known as UTCCR has not been lawfully( witnessed) incorporated into the body of Christ.( baptized if you like)



    Crucial to your understanding of law, is that, legal reasoning grew out of religious thinking( the chancellor) and, peoples need to have certainty in their lives( the common law). I'm sure you are all aware of just how strict the common law is in relation to evidence( your bundle) presented to the court, that is because the judge sitting under “crown” must be certain when reaching a judgment.


    P.S If any one has difficulty understanding the above just post and i will try to clarify further. For in my next post, hopefully if you can all understand the above,I shall drop the net.


    Charter 1066. the conqueror's address to the nation.( his will)


    . 1. First that above all things he wishes one God to be revered

    throughout his whole realm, one faith in Christ to be kept ever

    inviolate, and peace and security to be preserved between

    English and Normans.</pre>
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.
  • robashby
    robashby Posts: 16 Forumite
    I have just received a letter after putting in a claim to moneyclaim. They have stayed my claim as expected.

    This is really frustrating as I tried to pay for it about a month ago and could not use meastro online (I emailed them and they eventually got back to me to say meastro was having technical difficulties). I ended up having to wait for someone else to pay for me and then refund them. This delay along with a holiday caused me to come back and find that i had missed the moneyclaim deadline.

    Is there any point going through the effort to lift the stay? I am not in any money difficulty but being a young new teacher every bit of extra money helps.

    Also if i just wait for the test case to finish will the court get in contact with me about what happens next and will it be transfered to my local court?

    thanks
  • deary65
    deary65 Posts: 818 Forumite
    Charter 1066. the conqueror's address to the nation.( his will)

    Here is set down what William, king of the English, established

    in consultation with his magnates after the conquest of England:


    . 1. First that above all things he wishes one God to be revered

    throughout his whole realm, one faith in Christ to be kept ever

    inviolate, and peace and security to be preserved between

    English and Normans.

    The legal opinion is in bold type the rest is abiter dicta ( the reason for the opinion.) We have had, but a brief glimpse into the history of this great nation and it's creation. In this post hopefully we shall have a brief glimpse into the future.


    But first a summery:
    1. we have seen that the conqueror's last will and testament is vested in the crown and that parliament are subject to it when making laws, as are the courts when making judgments and the queen when applying the seal of state.
    1. We have seen how the body politic has been put together with a head, a conscience and body, bonded with Christ's blood, which feeds and nourishes the body and mind, and must be kept ever pure.
    2. And any contract which has been executed inside the body is considered to be sacrosanct and, that it's Christ's blood that makes it legally binding, and therefore capable of being protected by the crown.
    3. We have also seen how a “written” law( subject to his will) becomes incorporated into the body politic and runs side by side with those natural rights.

    4. There is a psychopathic cancer eating away at the organs of government of this nation(it's very sole) which is slowly killing the very spirit that made it a great nation . We are, sacrificing are children's future on the alter of profit for, we are placing upon them future burdens which they cannot possibly bear, ones which they will reject. Witness their return to a feral nature in an attempt to survive, if we are to secure our future we must first deal with this “mentality”.These people will not be content until such time as they have us all “chipped economic robots” safely locked away in a prison then, and only then, will they feel secure.
      There is a far more dangerous psychopath, and that is the modern day corporation, which in it's self, is a direct refection of the human psychopath. These corporations do not have a conscience, no blood do they have nor does a hart beat inside it. They are, steadily growing more numerous and more powerful and destructive in numbers. such creatures could not possible be incorporated in to the body of Christ and must therefore dwell outside the body. Any contracts struck with this creature are binding in honor only and therefore voidable, just like a gambling contract. That is what banking is, a gamble, that all people don't ask for their money back at the same time. As a consequence of the above foregoing opinion keeping a credit history of a person would be illegal.

    5. And to you all I have this to say, that “will” vested in the crown, the spirit of which, has protected these shores for over a thousands years, don't lose it. When I said that this is not just about money, but how we as a nation are governed,that's what i mean. The conqueror's will effectively prevented England from expanding per se, it could form unions with other countries, build an empire, but it could not expand nor could there ever be a state within a state. It is the one thing which has prevented this nation from falling into a fascist state. And for this reason why it cannot become part of a European Constitution, if it ever did you would be effectively abolishing that will(crown) and the law is not capable of that.

    6. To Jewish people i have this to say, i wish you no harm as a historian my mind has often times wondered back in time to that momentous and epic journey under taken by your forefathers.
      Lead by a great leader, all the more so, for he lead not just men, but wemen and children, an enormous responsibility, into a wilderness through a desert not knowing where they my settle if at all, and rightly celebrated, if only everyone would understand that remarkable fate of leadership.
      As a leader he new in his mind a people knowing only dependency and hard labour needed guidance from a higher authority if they were to succeed in their en devours to find a land to call their own, to work, and prosper and leave the benefits of that labour to their children. Such a journey must surely, if to succeed,must have had god's assistant.
      But their are those how walk among you how dwell in your houses of worship seeking only it's protection have nether respect nor understanding of the deeper meaning of that journey and the sacred writings, that lack of respect which has inflicted so much pain and suffering upon your people. As a person interested in history such periods i do not permit my mind to dwell for fear i may loose my faith in humanity. Whilst such people, may corrupt a man's mind, you can not corrupt his heart, for that belongs to his creator but, that is what is happening today and in the future, and i fear in my mind that god in his “mercy” will bring it to an end.

    7. As a person i know only to well the pain and suffering psychopaths can inflict on a person, their clones the “corporations” are inflicting that same pain and suffering on to this earth. Just like our children, it will revert to a feral nature in order to survive ( no conscience )!
      I have taken you on but a short journey in to the past in an attempt to illuminate the future, if only briefly, so you can all see what i see and share my fear. I hope you all find god's peace in your hearts and learn to live in and respect and enjoy the “Utopia” freely gifted to you.

    8. It is now time for you to leave the “Temple” grasshopper and give back to Jewish people the protection of their spiritual leader.
      The End
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.
  • I received a court letter saying that: The court of its own initiative orders that
    (1) This claim is stayed until 31st March 2008 with a view to awaiting the decision in the test case. Either party may apply at any time, by application on notice in accordance with CPR 23 to lift the stay.
    (2) If no such application is made, the court will give directions of its own initiative on the expiry of the stay,

    Can anyone tell me how I apply to have the stay lifted, and what would I need to write to acheive this.

    Thanking you in advance for your help.

    Slymother.
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