Money back.

[dowdy]

TO PASH. My dear learned friend,i have just stumbled across what could be a potential goldmine for you and anybody taking out a mortgage,through a broker,prior to oct,2004. Apparently,secret commissions,in addition to fees already charged,were paid by the mortgage company to the introducer.These commissions were unlawful [similar scenario to p.p.i.] they must be paid back in full,plus 8%interest,compounded,backdated to the date the legal charge was signed. HURSTHANGER V WILSON/BURTON was the test case,2007. I dont know what your specialist field is,corporate,criminal,divorce,or no win no fee,but HURSTHANGER have just lost their appeal,as they are owned by general electric and have recently been bailed out by obama,there is a load of poke to be claimed back here.Anybody on this forum,with a qualifying mortgage,could get a new boat out of this! Could you get one of your customer relations terrorists to check out the validity of this? I can see the new thread,6 months down the line, FORUMS CHAMPION PASH GETS NEW BOATS FOR ALL MEMBERS. or nearly all,depends upon your mortgage.

[Pash 1]

Originally Posted by dowdy

TO PASH. My dear learned friend,i have just stumbled across what could be a potential goldmine for you and anybody taking out a mortgage,through a broker,prior to oct,2004. Apparently,secret commissions,in addition to fees already charged,were paid by the mortgage company to the introducer.These commissions were unlawful [similar scenario to p.p.i.] they must be paid back in full,plus 8%interest,compounded,backdated to the date the legal charge was signed. HURSTHANGER V WILSON/BURTON was the test case,2007. I dont know what your specialist field is,corporate,criminal,divorce,or no win no fee,but HURSTHANGER have just lost their appeal,as they are owned by general electric and have recently been bailed out by obama,there is a load of poke to be claimed back here.Anybody on this forum,with a qualifying mortgage,could get a new boat out of this! Could you get one of your customer relations terrorists to check out the validity of this? I can see the new thread,6 months down the line, FORUMS CHAMPION PASH GETS NEW BOATS FOR ALL MEMBERS. or nearly all,depends upon your mortgage.

My specialist Field is Construction & Contract Law however I've attached the findings of the Court in relation to the case you mention if anybody cant sleep toningt it makes quite interesting reading.

The legal system recognizes a multitude of special relationships in which one party is required to look after the best interests of the other in an exemplary manner. These relationships, which include solicitor/client, physician/patient, priest/parishioner, parent/child, partner/partner, director/corporation and principle/agent, are called fiduciary relationships. Fiduciary relationships entail trust and confidence and require that fiduciaries act honestly, in good faith, and strictly in the best interests of the beneficiaries of such relationships. The courts have developed a basic test for determining whether fiduciary obligations arise from a relationship: first, the fiduciary has the ability to exercise some discretion or power; second, the fiduciary can unilaterally exercise that power so as to affect the interests of the beneficiary; third, the beneficiary is in a position of vulnerability at the hands of the fiduciary.
Ordinarily, fiduciaries cannot for personal gain avail themselves of opportunities arising from the discharge of their duties. There are demanding rules that prohibit both profit making and any conflict of interest that goes beyond that which is intrinsic to the relationship. Strictly prohibited are secret benefits in the form of undisclosed kickbacks, commissions, profits and discounts, as well as conflicts of interest that involve business and other personal advantages which may enure to the fiduciary. An improper benefit is usually financial, but can include virtually any form of improper personal gain.



http://www.creditlaw.co.uk/Cases/Ful...ger%202007.doc

[dowdy]

Originally Posted by Pash 1

My specialist Field is Construction & Contract Law however I've attached the findings of the Court in relation to the case you mention if anybody cant sleep toningt it makes quite interesting reading.

The legal system recognizes a multitude of special relationships in which one party is required to look after the best interests of the other in an exemplary manner. These relationships, which include solicitor/client, physician/patient, priest/parishioner, parent/child, partner/partner, director/corporation and principle/agent, are called fiduciary relationships. Fiduciary relationships entail trust and confidence and require that fiduciaries act honestly, in good faith, and strictly in the best interests of the beneficiaries of such relationships. The courts have developed a basic test for determining whether fiduciary obligations arise from a relationship: first, the fiduciary has the ability to exercise some discretion or power; second, the fiduciary can unilaterally exercise that power so as to affect the interests of the beneficiary; third, the beneficiary is in a position of vulnerability at the hands of the fiduciary.
Ordinarily, fiduciaries cannot for personal gain avail themselves of opportunities arising from the discharge of their duties. There are demanding rules that prohibit both profit making and any conflict of interest that goes beyond that which is intrinsic to the relationship. Strictly prohibited are secret benefits in the form of undisclosed kickbacks, commissions, profits and discounts, as well as conflicts of interest that involve business and other personal advantages which may enure to the fiduciary. An improper benefit is usually financial, but can include virtually any form of improper personal gain.



http://www.creditlaw.co.uk/Cases/Ful...ger%202007.doc

Knew you would have the gospel,nice one.

[Pash 1]

Originally Posted by dowdy

Knew you would have the gospel,nice one.

Interestingly enough, I've been dealing with fiduciary relationships this week in connection to building contractors holding retentions on their subcontractors which under the definition of a fiduciary relationship should be held in trust for the subcontractor so that in the event of the building contractor entering liquidation the retention is safe and out of the wicked grasp of the liquidators... Retention is taken as revenue received by those other wicked folk the Tax Inspectors so a subcontractor could and has on many an occasion paid tax on money he never receives.... How wrong is that ???

If I held money on your behalf in a Client Account and My Company either entered an application for Insolvency or was the subject of a winding up order your money would be safe as we would have a fiduciary relationship and I would have acted honestly, in good faith, and strictly in the best interests of the beneficiaries of such a relationship... Rather than have placed the money in my Company Bank account to get intertwined with my other monies... Mr Madoff completely failed in his fiduciary relationships with his clients and look where he has ended up !

[dowdy]

Just read that case,secret commissions paid on 310,000 at 3%=9300,plus interest at 1.29% per month,backdated to 06/01,theres 13,000 in me sporran!Wonder what boat that will be going towards?Cheers for the info pashman, NOW SPREAD THE GOSPEL SO EVERY BODY CAN HAVE A PIECE OF THIS CAKE AND NO,NOT TALKIN CHOCOLATE ECLAIRS.Anybody that fits the criteria p.m. me to claim your free dosh,who needs the lottery?

[Andy B]

Originally Posted by Pash 1

Retention is taken as revenue received by those other wicked folk the Tax Inspectors so a subcontractor could and has on many an occasion paid tax on money he never receives.... How wrong is that ???

dont get me started

Retention is another word for money you’ll never see!
especially these days.......
it's a 5% tax

[Pash 1]

Originally Posted by Andy B

dont get me started

Retention is another word for money you’ll never see!
especially these days.......
it's a 5% tax

Have you tried a "Retention Bond" instead of the 5% or even a Retention Ceiling PM me if you have troubles its a no win no fee service I offer (opps sorry Jon does that mean I should be a Trade Member???)

[Andy B]

here to talk boats mate,
but thanks for the offer,
don't want to get you in trouble

[dowdy]

Friends of mine started the original FAIR TRADES,back in 1986,just a thought,wot about everybody on here post what they do,interact,give members discounts,i need a plasterer,a plumber,an architect,a bricklayer,a j.c.b. owner/driver,candlestick maker,bell ringer and a can lad.Wot you do?what you got?where are you?Want work?post on here.

[Pash 1]

Originally Posted by Andy B

here to talk boats mate,
but thanks for the offer,
don't want to get you in trouble

Im always in trouble its Par for the course..... but boats are a much better subject I totally agree

[Andy B]

Originally Posted by dowdy

Friends of mine started the original FAIR TRADES,back in 1986,just a thought,wot about everybody on here post what they do,interact,give members discounts,i need a plasterer,a plumber,an architect,a bricklayer,a j.c.b. owner/driver,candlestick maker,bell ringer and a can lad.Wot you do?what you got?where are you?Want work?post on here.

sorry but i don't make candles, or discounts!

[dowdy]

Originally Posted by Andy B

sorry but i don't make candles, or discounts!

Shit! In the dark again.

[Pash 1]

Originally Posted by Andy B

sorry but i don't make candles, or discounts!

I know a Company that makes Candles and am prepared to put you in touch with them for a (Small Commission, this statement does not imply a fiduciary relationship of any kind your investment can go down as well as fall off a cliff your home may be at risk and you may not get back any money at all!!)

[Andy B]

Originally Posted by Pash 1

(Small Commission, this statement does not imply a fiduciary relationship of any kind your investment can go down as well as fall off a cliff your home may be at risk and you may not get back any money at all!!)[/SIZE]

nice disclaimer
too shai for the freebooter comment

[dowdy]

Originally Posted by Pash 1

I know a Company that makes Candles and am prepared to put you in touch with them for a (Small Commission, this statement does not imply a fiduciary relationship of any kind your investment can go down as well as fall off a cliff your home may be at risk and you may not get back any money at all!!)

No bell ringers?

[Andy B]

Originally Posted by dowdy

No bell ringers?

no he has the candles around his bath,
bell ringers would spoil the momment.

[dowdy]

Originally Posted by Andy B

no he has the candles around his bath,
bell ringers would spoil the momment.

Better bring the earl grey in then.

[Pash 1]

Originally Posted by dowdy

Better bring the earl grey in then.

Prefer Chablis Prem Cru
Just started the first bottle (How uncivilised they dont do a wine glass!!!!)

[dowdy]

Flaming ferraris,i thought they took the last case?

[Andy B]

Originally Posted by Pash 1

Prefer Chablis Prem Cru
Just started the first bottle (How uncivilised they dont do a wine glass!!!!)

cant open bottles,
i find the wine that comes in a box very aggreable.
you can stand it on the edge of the coffee table, lye on the floor and just open the tap