Been Living with a 16 year Conspiracy - Now Coming Out, page 1


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Topic started on 13-5-2012 @ 12:33 PM by christina-66
I've been posting on ATS for a while now for a few reasons. I really enjoy the lively debate. There are some extremely insightful contributors and because I spend a LOT of time at home beside my pc. It's not that I particularly enjoy doing that - it's just that me - and my family - have been living with the results of a conspiracy for 16 years now.. If I could take a moment to set the scene.

I'm from Scotland. I once heard Scotland described as a dark & evil land by the head of some American bank &, with apologies to all Scottish nationalists about this, but I tend to agree with him based on my direct experience.

I'm what's known as a 'McKenzie Friend' i.e. a lay assistant for my father who is a party litigant and defender in a litigation raised against us his former solicitors (who are one of the legal firms in the UK not just Scotland). These solicitors raised their action against my dad for alleged unpaid fees in 1996 (2 years after they'd stopped acting for us (making it one of the longest running litigations in Scotland's legal history) in the Court of Session in Edinburgh (which is the highest court in Scotland).

They claimed my dad's company owed them money even tho' they'd been paid tens of thousands of pounds more than they'd invoiced us. In fact they sued him for a total of £244k plus costs.

Let's be clear - they'd stopped working for us in '93/'94 - and we had lodged complaints about their handling of our affairs with the Law Society. Glad to see the back of them - we left the Law Society to deal with our complaints and moved on with our lives. When these solicitors first raised their action against us I spent 6 months pacing round our office saying 'they can't do that!'

For the first five years of the dispute we employed six different legal firms, two senior and two junior advocates to protect our interests. Two of those advocates are now what we call Lord Ordinary's (high ranking judges). None of them did their job even tho', in 2004, after 8 years of litigation our former solicitors admitted that they had sued us for the sums they did 'in error'. Matters didn't stop there tho'. Despite their admission they continued to seek £244k plus costs for a further 4 years.

We had an honest judge on this case at one point who severely criticised our opponents in an opinion he issued in 2006. Our former solicitors appealed his opinion to what we call the Inner House' in 2007 and won the right to take their accounts back to the court auditor and ask for an uplift in their fee rate, The court auditor duly obliged - and awarded a 100% increase in fee on one of the solicitor's accounts and allowed the 60% uplift the other solicitor had been awarded to stand.

A 100% uplift in fee? 20 years after they'd rendered invoices and been paid in full? Well, after they got their uplifts they amended the sums sued for - only with these uplifts can they claim that we owe them anything. Now they say they want £87k.

After they had their uplifts applied and amended - that's when I got ALL their files. We'd been asking for them for 12 long years. When I opened and read one of the partner's first file - I wept. Therein was the reason that we had been in Scotland's courts for 16 years.

Without going into the detail - he basically conned my dad - when acting as his solicitor into a protracted, expensive and, as we now know, unnecessary litigation with the accountancy firm who had worked for my dad since 1966.(when he founded his first company - my dad left school at 15 yrs of age and is an electrician to trade). We always thought we were the defenders against our accountants - it transpires - we were in fact the pursuers. I think it's fee-mongering on our solicitor's part. Sorry I know it's called fee-mongering. Well you know what it's like when you tell one lie - you have to keep telling more and more - and you just keep digging yourself deeper into a hole.

When we made those complaints to the Law Society circa 1994/95 - the Law Society did, in fact, take them seriously. they appointed a 'Reporter' to investigate our complaints - I now have the Law Soc. file on the one solicitor I hold responsible for the past 16 years. And in that file there is a letter to the solicitor telling him that the Reporter wanted to see his files....not long after the wee man raised the current 16 year legal action against us. At which point the Law Society wrote and informed us that they could no longer continue with their investigations because of ratfinks fraudulent legal action as matters were now 'sub judice'. They told me to feel free to bring back any matters that weren't dealt with by the court.

That was 16 years ago..

I took the complaints back to them in 2010 when the current judge struck all of our averments relating to the solicitors' misconduct from the Record - the Law Soc. and its new 'gateway organisation', the Scottish Legal Complaints Commission' have now had the gall to tell me that my complaints are time-barred.

So a fraudulent action was raised against us to avert a Law Society investigation and, with the court, the SLCC, and Law Society's assistance (I call it aiding and abetting) their tactic has been a massive success.

I am 'coming out' if you will. Over all these years we have tried to show the Court the respect that such an establishment ought to be due - but our courts aren't worth the respect. Plus - they're relying on what they're letting these guys get away with happening behind closed doors with no-one paying any attention.

We are currently appealing an atrocious opinion against us - that doesn't deal in law - the judge concerned has simply decided he is the law. He's not been on the bench for that long & is in fact a former colleague of our opponents. That's one of the biggest downsides of living in a country with a comparatively small pop. The 'old boy' network is extremely tight - when we go into that court room we're the only people who are NOT 'in the club'. It doesn't matter we were sued for all that money 'in error', or that they never gave us invoices, or even letters of demand before suing us. From their files - their conduct was sooo bad - it should always have been us suing them.

The judge is using a legal tactic - referring only to his own opinion as if that is the only law of the land. He's in it up to his neck with our opponents. The man wrote a book for law students published 2 years ago - he's been on the bench only since 2008 - and in his own book he quotes himself and his own novice opinions. Ego ego running rampant.

Our appeal is before the Inner House - that is - the highest ranking court in Scotland. In order to deprive these guys the privacy they so rely on to get away with their shenanigans - I have taken it upon myself to create a website on which I am currently uploading as much of the relevant court documentation as possible. Our case has been referred to as 'death by paper'....I couldn't come close to uploading all of it - and certainly don't have the time before the appeal is heard in July.

Any document lodged with the court becomes a public document. It is my intention to upload all documents lodged (by both sides) in the current appeal as matters develop.

My sites still under construction
todsmurrayvarakin.com Any & all advice would be greatly appreciated.

Phew! That was cathartic.
edit on 13-5-2012 by christina-66 because: (no reason given)
edit on 13-5-2012 by christina-66 because: (no reason given)



reply posted on 13-5-2012 @ 01:07 PM by christina-66
reply to post by MountainLaurel



That's what's sickening to me. Ordinary members of the public are terrorised into telling the truth, the whole truth and nothing but....

But with these lawyers it just trips off their tongues and they don't bat an eyelid. Our new judge is so inexperienced he's not even good at hiding his corruption....and the advocates? well they laugh at us (the public) for thinking it's about truth and justice. They see it as being about who puts on the best show on the day.

What's happened to us has been lost in a quagmire of 'nice legal arguments' they like to call it.....bald lies is how I'd put it.



reply posted on 13-5-2012 @ 01:19 PM by MountainLaurel
reply to post by christina-66



Absolutely right..it is sickening....The older I get the more I understand all the "jokes" about how corrupt lawyers are....lol...and I even thought about becoming one.

Maybe I should have, cause it seems without a law degree don't expect "justice" to apply to you if you find yourself up against well paid lawyers with no requard for anything but "winning" and judges that allow this nonscence to drag on for years....that old statement " take it to court" is a total joke......
edit on 13-5-2012 by MountainLaurel because: (no reason given)



reply posted on 13-5-2012 @ 01:34 PM by christina-66
reply to post by selfharmonise



sadly your experience is no surprise to me. We don't expect justice in our case - we expect to get shafted (not to put too fine a point on it). This isn't only happening to us albeit we are one of the more extreme cases. Come on...just look at the megrahi case to ser how far our judiciary is prepared to bend over.


reply posted on 13-5-2012 @ 01:39 PM by christina-66
reply to post by MountainLaurel



how do you stop a lawyer from drowning?

Take your foot of his head.

Its really not that funny tho'. Our lot do the legalling for the press and any journalist who tries to expose them either won't get printed....or their entire livlihood is threatened if they dare ask too many probing questions.


reply posted on 13-5-2012 @ 01:54 PM by christina-66
reply to post by popsmayhem



easier said than done.....we are the defenders. If you have so much dosh you could afford to walk away from 275k you're a richer man than me

And anyway....afger 16 years I have 8 weeks to go....its the home run...the gloves are off...we'll be cage fighting with the so ad so's soon


reply posted on 13-5-2012 @ 02:12 PM by christina-66
reply to post by LeBombDiggity



you're spot on re 'not proven' . It helps no-one. Our system is archaic....but its 'one of the best legal systems in the world'. I know that because they keep telling me so.


reply posted on 13-5-2012 @ 03:36 PM by christina-66
Now that I'm not posting on my mobile I could perhaps explain in a little more detail. As I said in the op - when we were fraudulently sued it was to avert a Law Society investigation - and in particular to stop the appointed Reporter from having sight of the solicitors' files. In particular - the papers posted in the link below.

The court, and its practitioners, use a technique called 'plausible deniability' - which, simply means 'I know it exists just make sure I don't see it.'

So, after all these years - the original fraud against us having occurred in 1988/89 - I have taken the liberty of posting them
here in all of their scanned and irrefutable glory.

The internet didn't exist when we first got involved with these clowns - thank goodness it does now. I can out the truth - whether they like it or not. Our justice system is purportedly an open one - and as I have lodged all of the scanned docs with the court (although the court - using its plausible deniability approach has neglected to look at,or mention, these papers) I am perfectly entitled to make them public. In theory - in Scotland - you can walk into the court and ask to see the process file from any court case - I'm just saving people the bus fare.

I'm also in the process of befriending every politician in the UK on facebook and telling them all about it. But I can't focus too much time on that - I've got a court hearing to prepare for....again.
edit on 13-5-2012 by christina-66 because: (no reason given)




reply posted on 13-5-2012 @ 07:31 PM by knowthepath
reply to post by christina-66



Didn't you know that in Scotland , we don't have a justice system ? We just have the law & thats it


reply posted on 14-5-2012 @ 12:26 AM by selfharmonise
www.scotcourts.gov.uk...

I take it the matter is no longer sub judice?

And that the monies sought are from the ltd company....which still exists? Or was wound up?

If I was you I would walk away.

How does this guy fit in?

Did your dad really try and have him killed?

www.martinfrost.ws...

Enjoy your dads remaining days.

However, it could be keeping hm going. My papa sued everyone - I am sure it kept him alive!

But, I'd walk away, build another business and rub their faces in it.


reply posted on 14-5-2012 @ 02:05 AM by mynamehere
reply to post by christina-66



i know it is just a type-o ' or is it' but i googled the ' SO AD SO'S ' part of this post . and what i came up with is a Spanish site devoted to waking people up to the new world order . just thought id throw that out their. taking us down one open mouth at a time .


reply posted on 14-5-2012 @ 02:12 AM by christina-66
Originally posted by selfharmonise
www.scotcourts.gov.uk...

I take it the matter is no longer sub judice?

And that the monies sought are from the ltd company....which still exists? Or was wound up?

If I was you I would walk away.

How does this guy fit in?

Did your dad really try and have him killed?

www.martinfrost.ws...

Enjoy your dads remaining days.

However, it could be keeping hm going. My papa sued everyone - I am sure it kept him alive!

But, I'd walk away, build another business and rub their faces in it.


Hee hee - I'm so pleased you know what you're talking about - it gives me a chance to talk even more :

I eventually received their files in 2008 - having read their files I was sooo appalled by what we found in them that we substantially amended the Record to include the wrongdoings (particularly of one Mr. Robert Dobie - (people used to ask me what I did for a living and I used to say 'I do Dobie'. I receive a quizzical look).

Also, when we amended we resurrected our counterclaim (which had been sisted) at which point the pursuers and their agents demanded a legal debate to determine the scope of the proof. That was held in December 2009....legal debates......as we were repeatedly informed are NOT about facts...they're about the law and nice legal arguments. Ergo - not within a lay persons skills .

Two weeks debate for a trained advocate is tough enough - it nearly killed my dad - at that time no-one was even allowed to sit beside him - he was on his own.

Suffice to say - up against senior counsel, junior counsel, preparation solicitor and professional note-takers....we lost the debate (its the usual knock out stage for litigants) with the judge (I like to call him Woolie Bully ) Lord Woolman striking out all of the new averments relating to the solicitors misconduct and calling our professionally drafted counterclaim an 'abuse of process'.

Soooo.....the matters concerning the solicitors' conduct were no longer 'sub judice' being that they were no longer before the court. I therefore took my complaints back to the Law Society who by now, and by statute had a new 'gateway organisation - The Scottish Legal Complaints Commission who, I knew, because of the time period of the misconduct, would be unable to deal with our complaints - they would have to go back to the Law Society ....but I had to get through the Gateway Team first and......they told me our complaints were TIME BARRED lol. What a set up.

A proof was finally held last July when we eventually got them all under oath and - even tho' the judge set evidence-in-chief to be by way of affidavit - the solicitors lodged only signed statements - which they altered on the stand. (They're on my website too here

Anyway - Woolie boy - or Woldman - as I've heard him referred to - after 16 years - was able to issue an opinion 21 paragraphs long. His opinion doesn't use the law - he merely refers to his earlier opinion. It's a technique that has been used before - e.g. with the Sky Bridge Toll and the criminalising of those who refused to pay it - even tho' it was later proved the toll itself was against the law.

His opinion is currently under appeal. We've been 'good' all these years and tried to show this institution respect...but as I've said it's not entitles to respect...and relies on secrecy. So I'm outing them.

edit on 14-5-2012 by christina-66 because: (no reason given)



reply posted on 14-5-2012 @ 02:19 AM by christina-66
reply to post by selfharmonise



Now for Frost. My dad was introduced to Frost by a legal correspondent at a time when he first found himself floundering without legal representation. Frost is NOT a Scot - he's a southerner - a predator, and a fraudster. With the current set up in Scotland -people like my dad, with nowhere to turn, are prey for people like him.

Frost simply goes to a library - swallows a couple of legal books - and for half an hour later - sounds like he knows what he's talking about. In order to represent our family business my dad had to resign his directorship and take on an assignation. Believing that Frost could be of some assistance - it was assigned in both of their names...the case became Tods Murray v. Frost, McNamara lol.

Frost, was penniless, they had to put up a £100k guarantee to the court when they became assignees - my dad paid that ......Frost later tried to recover it

He's been off the scene for quite a while now......and.....if you really think my dad is the kind of person to threat3en peoples' lives - don't you think he would have done it to these lawyers - rather than contend with them in those courts?

Frost was selling shares in our court case!!!!! There were people in Spain who had a vested interest in the outcome lol.....that's illegal and we new nothing about it. He was also made a bankrupt and on that website you posted - I don't know if its still there cos I don't look - he was offering webdesign services - and tshirts for sale - I told my dad and he reported THAT to the court lol.

He also had a cv on it - upon which he claimed to have won all kinds of awards - to have assisted the British Columbian Government (whoever they may be?), and to have trained the Mujahideen in the Scottish Borders.

He was involved in pretending to help another man....also a litigant at the court of session....who had a case against (I think) Semtex International for nicking his idea on how to make demolition explosives safer. This chap used to help Princess Diana in her anti landmine campaign...nice fella.

Anyway...on Frost's incredible cv. he mentions my dad - and blames my dad for financially ruining him (Not true - he was ruined before we met) - so right at the end of the cv he refers to 'oh well - back to the bomb'. Oh my....a long lost school friend of mine was hunting for me on the net and was so concerned about Frost's fantastic cv he reported him to the police. (makes me laugh anyway)

Frosts site you will note - is registered in Western Samoa - you know why? Because he kept putting up such rot about my parents I told them to report him to the police....so he can't have his nonsense registered here. I don't like Frost - can you tell?

I mean Frost is such a charlatan - such a conman- that for all I know....with your knowledge YOU COULD BE FROST hahahah
j
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