View Full Version : conditional acceptance + affidavit in support
bsmurph83
24-05-2009, 05:01 PM
hi people, I have a question regarding the Affidavit in Support generally sent with a Conditional Acceptance. Basically, I want to know people's ideas on precisely what the Affidavit means, what its significance in the process is, and what a Conditional Acceptance is if it is sent WITHOUT one and what possible ramifications of it might be.
What does a Conditional Acceptance amount to without an Affidavit in Support?
the worm that turned
25-05-2009, 09:45 AM
hi people, I have a question regarding the Affidavit in Support generally sent with a Conditional Acceptance. Basically, I want to know people's ideas on precisely what the Affidavit means, what its significance in the process is, and what a Conditional Acceptance is if it is sent WITHOUT one and what possible ramifications of it might be.
What does a Conditional Acceptance amount to without an Affidavit in Support?
Without a specific example I would assume that the provision of an affidavit (sworn statement in front of a solicitor) means that you are willing to stand by the statement made in the affidavit under penalty of perjury. Whether this is directly linked to the conditional acceptance "letter" is determined by the content of the affidavit.
In other words, a conditional acceptance does not hold you against the words of the letter, unlike an affidavit. I was unaware that you required an affidavit for a conditional acceptance, however if you have a specific example that would help.
yozhik
25-05-2009, 01:00 PM
An unrebutted affidavit stands as truth in commerce.
Commercial Law is a “War of Truth” expressed in the form of an intellectual weapon called an Affidavit. An Affidavit is merely a written list of facts or truths signed under penalty of perjury and usually notarized. The person composing and signing an affidavit is called the “affiant”. It is “survival of the fittest” where the last unrebutted stands triumphant.
Affidavits are testimony that set out facts. They cannot state conclusions of law and they cannot be argumentative. If an instrument does either, it doesn’t qualify as testimony, and regardless of what it is called, it doesn’t qualify as testimony by affidavit in a court of law.
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, or “duel,” of commercial affidavits wherein the points remaining unrebutted in the end stand as the truth and the matters to which the judgement of the law is applied.
He who leaves the field of battle first (does not respond to 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.”
the worm that turned
25-05-2009, 04:09 PM
An unrebutted affidavit stands as truth in commerce.
Commercial Law is a “War of Truth” expressed in the form of an intellectual weapon called an Affidavit. An Affidavit is merely a written list of facts or truths signed under penalty of perjury and usually notarized. The person composing and signing an affidavit is called the “affiant”. It is “survival of the fittest” where the last unrebutted stands triumphant.
Affidavits are testimony that set out facts. They cannot state conclusions of law and they cannot be argumentative. If an instrument does either, it doesn’t qualify as testimony, and regardless of what it is called, it doesn’t qualify as testimony by affidavit in a court of law.
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, or “duel,” of commercial affidavits wherein the points remaining unrebutted in the end stand as the truth and the matters to which the judgement of the law is applied.
He who leaves the field of battle first (does not respond to 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.”
Not wanting to steal a thread but this is related...
When I created an affidavit that stated that "any title, person or legal fiction created by any person, body corporate, body incorporate, man, or any other entity in the name of my son belongs to me" (not exact wording but very close) can we say that this is a "claim of right"? And also, as I sent this to the General Register Office and they officially claimed acceptance of this, can we say that in Commercial Law, this claim stands?
If so, by my actions, I am now the lawful owner of any legal fiction/person/title created in my son's name.
BTW - any comments won't be taken as legal advice, don't worry!
yozhik
25-05-2009, 04:15 PM
So do you have their acceptance in writing?
If so, it would appear to be a valid contract and agreement.
the worm that turned
25-05-2009, 04:36 PM
So do you have their acceptance in writing?
If so, it would appear to be a valid contract and agreement.
The letter from the GRO states:
Dear Mr Bloggs [name changed for this],
Thank you for your letter dated 17 April about the registration of the birth of your son, Harold Lloyd [name changed for this but they only mention his first names NOT surname].
Your comments have been noted and I confirm that the copy of your Affidavit will remain on our file under the reference X#####/##X [where X represents a letter and # represents a number].
Yours sincerely
[signed in ink]
Mrs [name removed to protect her identity]
Her letter is dated 28 April 2009 and she has even put my post code in brackets stating "near XX# #XX", although not in square brackets. All on official paper!
So am I the first to make a lawfully binding and accepted claim on the ownership of any legal fiction, person, or title created in the name of their son (or daughter). If so, where do we go from here? I have my own ideas :D
yozhik
25-05-2009, 04:54 PM
Interesting how the reference number contains 9 alpha-numeric symbols.
It seems that they LOVE the number 9; nearly all of their bonds and trading instruments contain this number.
The cynical side of me whispers to my other internal voices that your affidavit has been used as a negotiable instrument.
Let's hope I am wrong. :rolleyes:
the worm that turned
25-05-2009, 04:58 PM
Interesting how the reference number contains 9 alpha-numeric symbols.
It seems that they LOVE the number 9; nearly all of their bonds and trading instruments contain this number.
The cynical side of me whispers to my other internal voices that your affidavit has been used as a negotiable instrument.
Let's hope I am wrong. :rolleyes:
How? Would it help if I put a copy of my affidavit on here? The problem is I don't want to provide a "template" for others to use if it is not the best thing and may cause them problems, if you see what I mean!
yozhik
25-05-2009, 05:53 PM
How? Would it help if I put a copy of my affidavit on here? The problem is I don't want to provide a "template" for others to use if it is not the best thing and may cause them problems, if you see what I mean!
No need.
As I stated, this is my cynical inner voice shouting over the top of my other voices. :D