Affidavit of Obligation

Commercial Lien
A Verified Plain Statement of Fact
The Parties
Claimant:
Upper-case: Lower
Authorised Representative
STRAWMAN
MAILING LOCATION
Hereinafter known as “Lien Claimant”
Respondent:
Robin Hoody (CEO)
ROBIN HOODIES LIMITED
MAILING LOCATION
Hereinafter known as “Lien Debtor”
**The Laws of Commerce**
All are equal under the law. See Exodus 21:23-25; Lev. 24:17-21; Deut. 1:17, 19:21; Matt.
22:36-40; Luke 10:17; Col. 3:25. Legal maxims: No one is above the law; Commerce, by
the law of nations, ought to be common, and not to be converted into a monopoly and the
private gain of a few.
In commerce, truth is sovereign. See Exodus 20:16; Psalms 117:2; John 8:32; II Cor. 13:8.
Legal maxim: To lie is to go against the mind.
Truth is expressed in the form of an Affidavit. See Lev. 5:4-5; Lev. 6:3-5; Lev. 19:11-13;
Num. 30:2; Matt. 5:33; James 5:12.
An unrebutted affidavit stands as truth in commerce. See 1 Pet. 1:25; Heb. 6:13-15. Legal
maxim: He, who does not deny, admits.
An unrebutted affidavit becomes a judgment in commerce. See Heb. 6:16-17. Any
proceeding in court, tribunal or arbitration forum consists of a contest of commercial
affidavits, wherein the points remaining unrebutted at the end of the contest stand as the
truth to which the judgment of the law is applied.
He who leaves the field of battle first (does not respond appropriately to an Affidavit) loses
by default. See Book of Job; Matt 10:22. Legal maxim: He who does not repel a wrong
when he can occasions it.
Sacrifice is the measure of credibility. One who is not damaged, put at risk or willing to
swear an oath or make an affirmation on his full commercial liability for the truth of his
statements and the legitimacy of his actions, has no basis to assert claims or charges, and
forfeits all credibility and right to claim the authority to do so. See Acts 7. Legal maxim: He
who bears the burden ought also to derive the benefit.
A lien or claim, under commercial law, can only be satisfied by one of the following
actions: A full rebuttal by an Affidavit of Truth, point-by-point, supported by evidence and
sworn or affirmed at the same level of commercial risk; the satisfaction of the claimant,
whether by payment or mutual agreement; resolution by a jury, in accordance with the rules
of common law. See Gen. 2-3; Matt 4; Revelation. Legal maxim: If the plaintiff does not
prove his case, the defendant is absolved
A party injured by the fraud of another may claim triple damages, plus the principal. “And
Zacchaeus stood, and said unto the Lord: Behold, Lord, the half of my goods I give to the
poor, and if I have taken any thing from any man by false accusation, I restore him
fourfold.” Luke 19:8.
**Bouvier’s Maxims**
Contra veritatem lex numquam aliquid permittit. The law never suffers anything contrary to
truth. 2 Co. Inst. 252. But sometimes it allows a conclusive presumption in opposition to
truth. See 3 Bouv. Inst. n. 3061.
Contractus ex turpi causa, vel contra bonos mores nullus est. A contract founded on a base
and unlawful consideration, or against good morals, is null. Hob. 167; Dig. 2, 14, 27, 4.
Culpa lata aequiparatur dolo. A concealed fault is equal to a deceit.
Ei incumbit probatio qui dicit, non qui negat. The burden of the proof lies upon him who
affirms, not he who denies. Dig. 22, 3, 2; Tait on Ev. 1; 1 Phil. Ev. 194; 1 Greenl. Ev. Sec.
74; 3 Louis. R. 83; 2 Dan. Pr. 408; 4 Bouv Inst. n. 4411.
Error qui non resistitur, approbatur. An error not resisted is approved. Doct. & Stud. c. 70.
Ex dolo malo non oritur action. Out of fraud no action arises. Cowper, 343; Broom’s Max.
349.
Ex facto jus oritur. Law arises out of fact; that is, its application must be to facts.
Ex tota materia emergat resolutio. The construction or resolution should arise out of the
whole subject matter.
Fraus est celare fraudem. It is a fraud to conceal a fraud. 1 Vern. 270.
Fraus latet in generalibus. Fraud lies hid in general expressions.
Idem est facere, et nolle prohibere cum possis. It is the same thing to do a thing as not to
prohibit it when in your power. 3 Co. Inst. 178.
Incerta pro nullius habentur. Things uncertain are held for nothing. Dav. 33.
Incerta quantitas vitiat acium. An uncertain quantity vitiates the act. 1 Roll. R.
Invito beneficium non datur. No one is obliged to accept a benefit against his consent. Dig.
50, 17, 69. But if he does not dissent he will be considered as assenting. Vide Assent.
Judex damnatur cum nocens absolvitur. The judge is condemned when the guilty are
acquitted.
Judicium non suo judice datum nullius est momenti. A judgment given by an improper
judge is of no moment. 11 Co. 76.
Manga negligentia culpa est, magna culpa dolus est. Gross negligence is a fault, gross fault
is a fraud. Dig 50, 16, 226.
Magna culpa dolus est. Great neglect is equivalent to fraud. Dig. 50, 16, 226; 2 Spears, R.
256; 1 Bouv. Inst. n. 646.
Peccatum peccato addit qui culpae quam facit patrocinium defensionis adjungit. He adds
one offence to another, who, when he commits a crime, joins to it the protection of a
defence. 5 Co. 49.
Quando do una et eadem re, duo onerabiles existunt, unus, pro insufficientia alterius, de
integro onerabitur. When two persons are liable on a joint obligation, if one makes default
the other must bear the whole. 2 Co. Inst. 277.
Qui non libere veritatem pronunciat, proditor est verilatis. He, who does not willingly speak
the truth, is a betrayer of the truth.
Qui non obstat quod obstare potest facere videtur. He who does not prevent what he can
seems to commit the thing. 2 Co. Inst. 146.
Qui non prohibit quod prohibere potest assentire videtur. He, who does not forbid what he
can forbid, seems to assent. 2 Inst. 305.
Qui non propulsat injuriam quando potest, infert. He, who does not repel a wrong when he
can, induces it. Jenk. Cent. 271.
Qui tacet consentire videtur. He who is silent appears to consent. Jenk. Cent. 32.
Reprobata pecunia liberat solventum. Money refused liberates the debtor. 9 Co. 79.
FRAUD ACT 2006
1 Fraud
(1) A person is guilty of fraud if he is in breach of any of the sections listed on subsection
(2) (which provide for different ways of committing the offence).
(2) The sections are –
(a) section 2 (fraud by false representation),
(b) section 3 (fraud by failing to disclose information), and
(c) section 4 (fraud by abuse of position).
Private & International Law
UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS
Article 3.8 – Fraud
A party may avoid the contract when it has been led to conclude the contract by the other
party’s fraudulent representation, including language, practices, or fraudulent nondisclosure
of circumstances which, according to reasonable standards of fair dealing, the latter party
should have disclosed.
Article 5.1.3 – Cooperation between the parties
Each party shall cooperate with the other party when such co-operation may reasonably be
expected for the performance of that party’s obligations.
Article 7.3.4 – Adequate Assurance of Due Performance
A party who reasonably believes that there will be a fundamental non-performance by the
other party may meanwhile withhold its performance. Where this assurance is not provided
within a reasonable time the party demanding it may terminate the contract.
Article 7.4.1 – Right to damages
Any non-performance gives the aggrieved party a right to damages either exclusively or in
conjunction with any other remedies except where the non-performance is excused under
these principles.
Article 7.4.2 – Full compensation
(1) The aggrieved party is entitled to full compensation for harm sustained as a result of the
non-performance. Such harm includes both any loss which it suffered and any gain of which
it was deprived, taking into account any gain to the aggrieved party resulting from its
avoidance of cost or harm
(2) Such harm may be nonpecuniary and includes, for instance, physical suffering and
emotional distress.
Allegations:
The following allegations arise from the conduct of Lien Debtor & the Agents of, indirectly
and/or directly, in relation to an alleged agreement between the parties, having regard to
ACCOUNT NUMBER ****************.
1. There is no evidence to suggest that a legally enforceable original agreement is in
existence between the parties, and Lien Claimant believes that no such evidence exists.
2. There is no evidence to suggest that the allegedly outstanding balance AMOUNT
ALLEGEDLY OWED on the above referenced account can be verified by Lien Debtor, and
Lien Claimant believes that no such evidence exists.
3. There is no evidence to suggest that Lien Debtor’s valuable consideration pertaining to
the alleged debt can be validated upon reasonable request by Lien Claimant, and Lien
Claimant believes that no such evidence exists.
4. There is no evidence to suggest that Lien Debtor is not in multiple breaches of the Office
of Fair Trading’s Final Guidance on Unfair Business Practices (updated December 2006).
5. There is no evidence to suggest that Lien Debtor, by its dishonour of Lien Claimant’s
NOTICE OF CONDITIONAL ACCEPTANCE dated _______________________ , as well
as NOTICE OF OPPORTUNITY TO CURE dated ________________________, is not
concealing material facts pertaining to any existing and legally enforceable agreement
between the parties, and Lien Claimant believes that no such evidence exists.
6. There is no evidence to suggest that Lien Debtor lent its own money as adequate
consideration to purchase the note (loan agreement) from Lien Claimant, and Lien Claimant
believes that no such evidence exists.
7. There is no evidence to suggest that Lien Claimant did not provide valuable consideration
to fund the alleged loan(s) from Lien Debtor, and Lien Claimant believes that no such
evidence exists.
8. There is no evidence to suggest that Lien Debtor did not accept an item of value from
Lien Claimant that was used to give value to a cheque, electronic transfer or similar
instrument, of approximately the same value of the alleged loan(s), and Lien Claimant
believes that no such evidence exists.
9. There is no evidence to suggest that Lien Debtor followed UK GAAP (the Generally
Accepted Accounting Principles of the United Kingdom) in the execution of the alleged
loan(s), and Lien Claimant believes that no such evidence exists.
10. There is no evidence to suggest that Lien Debtor’s chartered accountant and auditor at
the time of the alleged loan(s) can confirm that Lien Debtor followed UK GAAP in the
execution of the alleged loan(s), and Lien Claimant believes that no such evidence exists.
11. There is no evidence to suggest that the intent of the alleged loan agreement is that the
party who funded the loan(s) is not the party that is to be repaid the money, and Lien
Claimant believes that no such evidence exists.
12. There is no evidence to suggest that all the material facts of the alleged loan(s)
agreement have been disclosed to Lien Claimant, and Lien Claimant believes that no such
evidence exists.
13. There is no evidence to suggest that Lien Claimant was obliged to lend the note to Lien
Debtor or another financial institution, in order to fund the alleged loan(s), and Lien
Claimant believes that no such evidence exists.
14. There is no evidence to suggest that the original agreement (purported mortgage note)
has not been sold, altered or stolen, and Lien Claimant believes that no such evidence exists.
15. There is no evidence to suggest that the alleged borrower (Lien Claimant) did not
provide the funds that the alleged lender (Lien Debtor) claims it lent to Lien Claimant, and
Lien Claimant believes that no such evidence exists.
16. There is no evidence to suggest that Lien Debtor does not owe Lien Claimant a sum of
money to the value of Lien Debtor’s invalid claim, plus the alleged interest outstanding, and
Lien Claimant believes that no such evidence exists.
17. There is no evidence to suggest that Lien Claimant has not already procured the tacit
agreement of Lien Debtor that all of the allegations set forth in this Affidavit are factually
correct, true and complete, and Lien Claimant believes that no such evidence exists.
LEDGERING
For the avoidance of doubt, this document is a security interest expressing the value of Lien
Claimant’s natural, equitable and legal rights over all the property, income and assets of
Lien Debtor, to the value expressed within. Lien Claimant hereby charges this instrument in
the sum of [total losses, plus costs] TOTAL LIEN VALUE: GBP £#,###,###.00, subject to
additional default charges.
DEFAULT CONDITIONS
Lien Debtor is given 21 days to deliver to Lien Claimant material evidence in support of an
appropriate point-for-point rebuttal under oath or affirmation of the foregoing allegations.
Failure to repudiate or rebut with material evidence every allegation made will result in Lien
Debtor becoming immediately liable for the payment of [total losses, plus costs]. Triple
Damages of [total losses, plus costs x3] will also be added to the debt if Lien Debtor’s
default is not cured. In the event that it is not cured within 90 days, Lien Debtor becomes
liable for Exemplary Damages of [total losses, plus costs x 100] following NOTICE OF
DEFAULT.
AFFIRMATION
I, Upper-Case: Lower, Authorised Representative for NAME OF PURPORTED
MORTGAGOR (Lien Claimant), hereby affirm upon my own unlimited commercial
liability and under penalty of perjury, that I have read all of the contents of this Affidavit of
Obligation, and to the very best of my knowledge, I believe that the facts expressed herein
are true, correct and complete.
__________________
Executed by: Upper-Case: Lower
Authorised Representative for STRAWMAN (Lien Claimant)
All Rights Reserved – Without Prejudice – Without Recourse – Non-Assumpsit
Errors & Omissions Excepted
VERIFICATION
Affirmed, autographed and sealed before me, _________________, on the _______ day of
the month of ________, in the year two thousand and ______.
Notary Public: Notary Seal:
Notary Public’s office location.
Signed & Sealed By: __________________________________________
NOTICE is hereby given that the Lien Debtor has twenty one (21) days after receipt of this
Affidavit of Obligation to rebut, deny, or otherwise prove invalid the allegations contained
herein. Failure to rebut, deny or otherwise disprove any of the allegations will be construed
as Lien Debtors’ affirmation that said allegations have been proven to be true, correct and
complete.
Void where prohibited by law.
________________________________________________________________
PRIVATE & CONFIDENTIAL
ROBIN HOODY (CEO)
ROBIN HOODIES LIMITED (DEBTOR)
REGISTERED OFFICE
COMPANY NUMBER
LICENSE NUMBER
DATE
NOTICE OF FAULT & OPPORTUNITY TO CURE
NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT
Dear Robin Hoody,
Your company has failed to respond to to the AFFIDAVIT OF OBLIGATION dated
_______________________, and served by Royal Mail Recorded Delivery
############### on ______________________.
Therefore, I hereby serve NOTICE OF FAULT & OPPORTUNITY TO CURE. ROBIN
HOODY has twenty one (21) days in which to deliver an appropriate and timely response.
Triple damages now apply.
With sincerity and honour,
By: Upper-Case: Lower
Authorised Representative for STRAWMAN
All Rights Reserved – Without Prejudice – Without Recourse – Non-Assumpsit
Errors & Omissions Excepted
____________________________________________________________________
PRIVATE & CONFIDENTIAL
ROBIN HOODY (CEO)
ROBIN HOODIES LIMITED (DEBTOR)
REGISTERED OFFICE
COMPANY NUMBER
LICENSE NUMBER
DATE
NOTICE OF DEFAULT
NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT
Dear Robin Hoody,
Your company has failed to respond to to the notarised AFFIDAVIT OF OBLIGATION
dated _______________________, and served by Royal Mail Recorded Delivery
############### on ______________________, as well as NOTICE OF FAULT &
OPPORTUNITY TO CURE dated _______________________, and served by Royal Mail
Recorded Delivery ############### on ______________________.
Therefore, I hereby serve NOTICE OF DEFAULT. Exemplary damages now apply.
With sincerity and honour,
By: Upper-Case: Lower
Authorised Representative for STRAWMAN
All Rights Reserved – Without Prejudice – Without Recourse – Non-Assumpsit
Errors & Omissions Excepted
____________________________________________________________________
AFFIDAVIT OF SERVICE & NON-RESPONSE
A Verified Plain Statement of the Facts
I, Upper-Case: Lower, an adult flesh and blood man of sound mind, do state unequivocally
that I served the following documents on ROBIN HOODY, CEO of ROBIN HOODIES
LIMITED (Respondent), by Royal Mail Recorded Delivery:
1. NOTICE OF CONDITIONAL ACCEPTANCE DATED ______________________,
ROYAL MAIL RECORDED DELIVERY #################;
2. NOTICE OF OPPORTUNITY TO CURE DATED ______________________, ROYAL
MAIL RECORDED DELIVERY #################;
3. NOTICE OF DISHONOUR DATED DATED ______________________, ROYAL
MAIL RECORDED DELIVERY #################;
4. NOTICE OF LIEN INTEREST DATED ______________________, ROYAL MAIL
RECORDED DELIVERY #################;
5. AFFIDAVIT OF OBLIGATION DATED ______________________, ROYAL MAIL
RECORDED DELIVERY #################;
6. NOTICE OF FAULT & OPPORTUNITY TO CURE DATED
______________________, ROYAL MAIL RECORDED DELIVERY
#################;
7. NOTICE OF DEFAULT DATED ______________________, ROYAL MAIL
RECORDED DELIVERY #################.
The Respondent has subsequently failed to deliver appropriate and timely responses to any
of the documents listed above.
AFFIRMATION
I hereby affirm and declare upon my own unlimited commercial liability and under penalty
of perjury, that the foregoing is true, complete and correct, and not misleading.
By: Upper-Case: Lower________________________________
Authorised Representative for STRAWMAN (Lien Claimant)
All Rights Reserved – Without Recourse – Non-Assumpsit
Errors & Omissions Excepted
VERIFICATION
Affirmed, autographed and sealed before me, _________________, on the _______ day of
the month of ________, in the year two thousand and ______.
NAME & ADDRESS OF NOTARY PUBLIC Seal:
Signed: _______________________________
NOTICE is hereby given that the Respondent has three (3) days after receipt of this
Affidavit of Service to rebut, deny, or otherwise prove invalid the statement of the facts
contained herein. Failure to deliver an appropriate response within the stated time will
comprise the tacit procuration of the Respondent’s agreement that the contents of this
Affidavit are true, correct and complete, and not misleading.
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