My wife and I had a cafe in Hastings, it went broke. We had a vehicle on hire to buy. We asked then to take it back and they refused demanding full payment.
It was repocessed and sold at auction for a pitance. They then demanded an additional £9,000.00. They issued a statutory demand, I filed a simple defence, which was that the vehicle was never regestered in our name or our company name.
Durring pre-trial protocols I managed to submit three letter (conditional acceptance letters asking for contract, accounting, signed invoice). I thought I had a good chance, by this time I was not thinking about the agreement being unlawful just that there was no contract. So their solicitor made an application to strike out my defence (under CPR 3.4) and award them the claim; a great move I have to say as I was learning as I was going along and reading as much freeman stuff as possible. The application to strike was given even though I formally requested that I be allowed to add additional defence and the additional defence was that the hire agreement was unlawful. The judge just picked up the agreement and said "it looks alright to me"!
By the way if a contract is challenged you do not have to prove it is unfair and unlawful the claiment has to prove that it is Fair and Lawful.
I also said that I had a conditional acceptance in place which he ignored, that's the history now the fight.
I appealed. The appeal was refused, the appeal judge wrote that the defence would not likely win in court (meaning my simple defence of the vehicle not being registered in our name), the appeal judge ignored my grounds for appeal which was that my formal oral request to add additional defence was ignored and the fact that I had a conditional acceptance in place (an applied Tacit) that was ignored by the claiments solicitor.
I refused to accept this and I asked for an oral hearing on the grounds of human rights violations using a formal 'Notice of Objection', I also submitted a formal request for the transcript of the hearing via the Data Protection Act 1998 "Subject Access Request" (had to pay a tenner £10). I got my oral hearing which I recorded (not a great recording). I think I got an oral hearing because of the above request and Notice (important to Object!) otherwise they would have just moved on with the steam roller.
I have been reading about commercial Liens and went armed with some facts, which I thought would win the day. I was nervous and on my own in the court room (they used the big best room very grand). I did ask was it on public record but failed to ask if it was a lawful court proceding or an administrive proceding, you live and learn.
On thursday just gone 17th May 2012 I explained to the appeal judge (or appeal administrator), at the oral hearing, these points:
1/ the judge (administrator) at the hearing which struct out my defence and awarded the claim to the claiment (Vehicles 4 Business) ignored my formal request for additional defence (I wanted to add that the hire agreement was not a lawful contract or a lawful agreement, it states in )
2/ I pointed out that the judge (administrator) was not legally qualified to determine the legality of the agreement and exceeded his brief.
3/ I pointed out that any assumed contract that the judge (administrator) thought he had with me was null & void due to none disclosure i.e. that the procedings where not a lawful court hearing but an unlawful administrive hearing. I quted 'Halsbury's Laws of England' on Administrive Law:
"The law is quite clear on this subject, there is no authority for Administrive
Courts in this country and no act can be passed to ligitimise them"
4/ I suggested that the judge (administrator) may have commited fraud under the Fraud Act 2006 section 2, 3, 4 and 4.2 in particular:
Section 4. Fraud by abuse of position
(1)A person is in breach of this section if he—
(a)occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
(b)dishonestly abuses that position, and
(c)intends, by means of the abuse of that position—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.
(2)A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.
5/ I pointed out that the judge (administrator) had caused me to suffer a Tort and that I would be issuing an affidavit to create a commercial Lien against the judge (administrator). I did this to allow the appeal judge (administrator) to know that I meant business and to give him the opportunity to act honorably.
He tried to draw me into a discussion about the dept collection agentcies statement to which I replied I have never heard of this person until the court action against me and my position is that I challenge the legality of the agreement. I then waited and he started to sum up and make his ruling he omitted any reference to my having asked for addition defence to be added and declared that my leave to appeal was deniged. I then said "Sir I feel I have been made to suffer another Tort", we all left the room.
So here is my question Do I create a Lien on the Vehicles 4 Business or the MD/CEO of Vehicles 4 Business, I plan to send a 'Fisrt and Final Notice' to withdraw their claim but to which 'Person' the MD/CEO or the company? My plan is to off-set their claim with the money they would owe me due to the commercial Lien.
I am not sending any Notice to either of the judges they are getting affidavits/commercial Liens for £150,000.00 and £250,000.00 respectfully for acting in a completly dishonorable way and causing me to suffer Torts.
I did want to send an affidavit to the solicitor for refussion to act on the conditional acceptances and continuing with the claim, did he act in the best interest of his client and was it lawful?
I await any feedback as I am egar to get this started but I don't want to mess it up by missing so finer points please comment.
Love & Unity
a bright powerful beautiful human being