court appearance in the morning

court appearance in the morning

Postby IamallthatIam » Mon Aug 17, 2009 9:22 pm

take a look at this guys , and let me know what you think

cheers



In care of
address removed by me

Llanelli
Magistrates’ Court,
Town Hall Square,
Llanelli
SA15 3AW

Date 18th August 2009

Notice of Dispute &
Request for Declaration of Oath

Notice to agent is notice to principal and notice to principal is notice to agent.

F.A.O. Clerk to the Justice’s,

Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says. You should read it in its entirety before responding in substance.

As the agent and administrator for the legal person, MR SIMON ELDER, I hereby inform you that any and all claims, of any and all agents or representatives from either Grosvenor Legal Services (Bailiffs) OR Scottish Power of my being a person subject to liability for an unpaid electricity bill, are factually incorrect.

If I am asked for proof of claim that I am only the agent and administrator for the allegedly liable corporate fiction, I have an unrebutted, notarised Notice of Understanding and Intent and Claim of Right which was sent to HMCS to file as evidence, along with a Notice of non response.

The reason the claim of Grosvenor Legal Services and Scottish Power is factually incorrect is that their declaration is based on dishonesty. I have enclosed, again for and on the public record, a copy of the notice sent to the place at which I dwell on the 11/08/2009. I quote from paragraph eight of that Notice which clearly states, “you must pay your outstanding bill of £467.22, immediately, plus an additional £37.00 to cover the cost of the recent visit to your property.”

There has categorically been NO visit whatsoever to the above property. The property is not left unattended and all visits to said property are recorded. At no point has any being arrived claiming to be an agent of Grosvenor Legal Services or a representative thereof. I have subsequently demanded proof of their claim which as has yet gone unverified.

The charge of £37.00 is unjustified and unwarranted and amounts to aggravated oppression and intimidation by those employed by Scottish Power to gain money by provocation. Extracting and obtaining money under duress is extortion, and Scottish Power themselves, by utilizing the services of these thugs, are culpable of coercion and incitement.

A further letter from Grosvenor Legal Services on the 18/08/2009, again enclosed for and on the public record, attempts to support this fallacy by then maintaining that “A COLLECTION OFFICER WILL VISIT YOU PROPERTY IN THE NEXT FEW DAYS TO COLLECT THE OUTSTANDING SUM. FAILURE TO MAKE PAYMENT OR AGREE TO THE FITTING OF A PREPAYMENT METER WILL RESULT IN A WARRANT OF ENTRY BEING OBTAINED WHICH WILL ENABLE US TO ENTER YOUR PROPERTY AND DISCONNECT THE SUPPLY” And “ OUR CLIENT MAY ADD ADDITIONAL CHARGES OF £37.00 TO YOUR ACCOUNT FOR OUR INVOLVEMENT.”

The Declaration and Bill of Rights say’s clearly that any promise of a fine or forfeiture before you have been found guilty in a court of law Voids the offence.

Furthermore, payment of Scottish Power’s demand has been made, under duress, and can be verified with the authorisation code XXXXXXX

The reason payment has been made under duress is that I have already, on a number of occasions, conditionally offered payment which has been dishonoured and refused repeatedly.

This account is in serious dispute and has remained so with no attempt at resolution on the part of Scottish Power whatsoever.

I have even conditionally accepted their offer of instalment of a prepayment meter on the understanding that it is inaugurated at a safe and accessible height NOT adjacent to the ceiling. I have been informed that it could be moved horizontally no more than 6 inches so that it does not create conflict with an open doorway, but NOT vertically.
There are no obstructions upon the wall which houses the existing meter. The only obstacle is the obstinate negation from Scottish power who have no desire to remedy the state of affairs amicably.

I have refused installation at an unsafe height as I am not willing to risk injury in order to instigate operation of such apparatus.

It is concluded that the additional revenue from enforcement weighs heavily in the decision making processes. Manipulation and affected authority is more profitable it seems.

All administrative procedures have NOT been exhausted as far as resolution of this matter is concerned.

Grosvenor Legal Services have been informed of this fact and they have deliberately ignored a Notice to cease harassment and refused a telephone request to prevent the court hearing. Their unremitting persecution has fixated this need to exploit the court system in order to exhibit feigned and perverse control and dominance.

To frivolously dishonour and squander court time is contemptuous.

This notice, in its entirety, is for and on the public record, therefore a copy of which will be made available to the presiding judge or magistrate should you choose to proceed with the claim against MR SIMON ELDER, and copies will be supplied to all other parties concerned, as opposed to this notice being kept in the clerk’s private file.

Also for and on the record I shall be demanding confirmation and recital of the residing Judges Oath of Office, his Judicial Oath and Oath of Allegiance before any proceedings start as it is a Judges duty to be impartial, is it not?

Failure to comply with these requests will result in permanent and irrevocable estoppels by acquiescence barring all judicial proceedings in this matter forevermore being gained by MR SIMON ELDER.

I must also bring to your attention, again for and on the record, that all court staff have previously been directed by Judge Lewis not to correspond with me, a copy of his offered direction is enclosed marked “offer accepted”.

It is worth noting that on this basis, any order passed is or will be contemptuous and vexatious. Only a malfeasant judgement could possibly be passed, this being so it shall be reported and opposed with gross dissent until resolution reigns.

One malfeasant judgement has already been edicted by Judge Lewis when he attempted to proceed in absentia in my presence after denying me my unalienable rights.

I am to presume that Judge Lewis will not be in attendance at today’s hearing regarding an application for a warrant of entry by Grosvenor Legal Services for and on behalf of Scottish Power, as to do so would be biased and in complete violation of a Judges Oath of impartiality seeing as he is party to a judicial complaint along with the alleged defendant. There would be compromise in favour of bias due to conflicting interests.

I intend to hold any judge or magistrate to his oath in order to ensure justice prevails.

The fact that I have remained in honour and have offered conditional agreement removes controversy, and means that the Courts or any other participating party no longer has any ultimate recourse in this matter, because there is no controversy upon which the Courts could adjudicate.

The associated parties, known as Scottish Power and Grosvenor Legal Services, and all representative and agents thereof, are in default, thus removing any and all lawful excuse for proceeding in this matter.

I am present at this hearing to establish jurisdiction, this will be done on my own terms, and in doing so, I, as a living breathing sovereign human being in possession of an Immortal soul, and as the sole agent and authorised representative for MR SIMON ELDER, will reserve all of my inalienable rights, powers and privileges. I waive all benefits of the Courts and release the courts from all its consideration and any and all duties to performance.

I deem this Notice to be served with immediate effect this morning of 18th August in the year 2009 upon entry to the courts.

Dishonour of this Notice of Dispute and Request for declaration of Oath, and the attached notice of Acceptance for Value, by failing to accept for value the sum enclosed will comprise the tacit procuration of Scottish Power’s agreement that it has aggressively and unfairly attempted to collect an invalid claim, and in so doing, it has caused injury to MR SIMON ELDER, for which the Authorised Representative of MR SIMON ELDER is legally entitled to make a commercial claim through the county courts for three times the value of the alleged debt plus principal sum demanded, in the event that all available private administrative remedies have now been exhausted.

In sincerity and honour, without malice, mischief, ill will, vexation or frivolity,

By: Simon: Elder (Authorised Representative)
ALL RIGHTS RESERVED - WITHOUT PREJUDICE - WITHOUT RECOURSE - NON ASSUMPSIT






AND






Llanelli Magistrates’ Court,
Town Hall Square,
Llanelli
SA15 3AW

Date 18th August 2009


Notice of Acceptance for value

Notice to agent is notice to principal and notice to principal is notice to agent

FAO Clerk to the justice’s

For and on the public record.

To be read in conjunction with Notice of Dispute and Request for Declaration of Oath

Bill of Exchange Act 1882

“An indorsement on a negotiable instrument, such as a check or a promissory note, has the effect of transferring all the rights represented by the instrument to another individual. The ordinary manner in which an individual endorses a check is by placing his or her signature on the back of it, but it is valid even if the signature is placed somewhere else, such as on a separate paper, known as an allonge, which provides a space for a signature.

Endorsement (indorsement) n. 1) the act of the owner or payee signing his/her name to the back of a check, bill of exchange, or other negotiable instrument so as to make it payable to another or cashable by any person. An endorsement may be made after a specific direction ("pay to Dolly Madison" or "for deposit only"), called a qualified endorsement, or with no qualifying language, thereby making it payable to the holder, called a blank endorsement. There are also other forms of endorsement which may give credit or restrict the use of the check. 2) the act of pledging or committing support to a program, proposal, or candidate.”


As a matter of courtesy in one full and final attempt to resolve this censure I will offer to discharge the remaining balance in full, including any arrears incorporated therein, that Scottish Power claim are shown on this account, using the same specie of payment as tendered by HM Treasury minus the bogus £37.00 charge for the erroneous and mythical visit.

Admittedly human error could have been the cause for the invalid inclusion, but if so why try to validate a blunder of untruth with further elucidation?

I promise to pay the bearer on demand the sum of £803.47 minus bogus charge of £37.00 and minus £467.22 already received by Scottish Power in electronic currency, that is £299.25 et al, accepted for cause / accepted for value and endorsed as per the Bills of Exchange Act 1882.

NO further recompense shall be sought on this account for services rendered. This promissory note is issued in full and final settlement and no further correspondence will be entered into.

Scottish Power are making demands of MR SIMON ELDER, those demands are in the guise of money allegedly owed

The demand issued by Scottish Power has been fulfilled.
This promissory note has the same substance as any promissory note issued by the treasury, therefore the issuing thereof satisfies any and all demands.

This account is now settled.

Dishonour of this Notice of Acceptance for Value, along with the attached Notice of Dispute and Request for declaration of Oath, by failing to accept for value the sum enclosed will comprise the tacit procuration of Scottish Power’s agreement that it has aggressively and unfairly attempted to collect an invalid claim, and in so doing, it has caused injury to MR SIMON ELDER, for which the Authorised Representative of MR SIMON ELDER is legally entitled to make a commercial claim through the county courts for three times the value of the alleged debt plus principal sum demanded, in the event that all available private administrative remedies have now been exhausted.

In sincerity and honour, without malice, mischief, ill will, vexation or frivolity,

By: Simon: Elder (Authorised Representative)
ALL RIGHTS RESERVED - WITHOUT PREJUDICE - WITHOUT RECOURSE - NON ASSUMPSIT
Invito beneficium non datur - A benefit is not conferred upon one against his consent.
I DO NOT offer legal advice
- "I just say what I say because everyone is entitled to my opinion!" -

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Re: court appearance in the morning

Postby IamallthatIam » Mon Aug 17, 2009 11:19 pm

Bump. Bump. Bumpity Bump ! :rotfl:
Invito beneficium non datur - A benefit is not conferred upon one against his consent.
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Re: court appearance in the morning

Postby huntingross » Mon Aug 17, 2009 11:30 pm

Geeze guys, I hope this resolves it all....best of luck
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Re: court appearance in the morning

Postby BaldBeardyDude » Tue Aug 18, 2009 9:40 am

Yep - sorry I was tardy in seeing this, both - the very best of luck and we WILL be thinking of you. I hope this goes the way it should and I trust you will do all to ensure you steer it that way. Go for it! :yes: :yes:

Peace, love and cool-headedness,

Pete
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Re: court appearance in the morning

Postby huntingross » Tue Aug 18, 2009 11:33 am

It's now the arvo, hope this went well for you guys
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Re: court appearance in the morning

Postby IamallthatIam » Tue Aug 18, 2009 12:01 pm

LMFAO, well Si had phoned the courts AND the bailiffs yesterday, to try and get the hearing cancelled, they confirmed the time of the hearing but refused to cancel it despite their demand being fulfilled

he got down to the courts this morning , to find that yes ok the time had been confirmed yesterday but the date was wrong DOH !!!!!!!

IT is now going to be heard on the 18th September 2009, still at least he got to hand the Notices in, putting the judge on his oath etc, unless that is the whole thing gets chucked out on the basis of whats in the Notices

we shall see!

i will be issuing duplicates anyway on the day ,if it does go ahead, and yes it will be recorded for educational purposes

what a frigging waste of a morning !!! :rotfl:
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Re: court appearance in the morning

Postby huntingross » Tue Aug 18, 2009 12:14 pm

But with your specie of payment, is that not settlement out of court...?
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Re: court appearance in the morning

Postby IamallthatIam » Tue Aug 18, 2009 12:17 pm

I shall make ammendments to the above in a sec , as I decided to do it as two different notices in the end , it all boils down to whether the clerk actually bothers to read them. If the hearing does go ahead because the notices have been rejected - ignored more like - then I will be reading them out anyway

So they can sit and swivel on that !
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Re: court appearance in the morning

Postby IamallthatIam » Tue Aug 18, 2009 12:25 pm

IamallthatIam wrote:I shall make ammendments to the above in a sec , as I decided to do it as two different notices in the end ,


done !


As far as I am oncerned the matter is settled

I shal also do a revised fee schedule for on the day and take along some blank bills , just in case they want to go down the placing orders route
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Re: court appearance in the morning

Postby MikeThomas » Tue Aug 18, 2009 2:51 pm

Hope you claimed expenses from them Angie! :yes:
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