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We have no strategy or plan of how to fight the banks. It is war - make no mistake about that! The object of the aggressor in a war is to gain victory and take possession of the conquered lands with all its treasures. The objective of the home side is to defend one's territory and repel the enemy.

I remember a scene in an old movie when an actor, George Arliss, playing the part of the British Prime Minister, Benjamin Disraeli, said he would "smash the banks!". Unfortunately, he was not successful and even victories by US Presidents Jackson and Lincoln were short-lived. The banks eventually won back in the middle of the 19th century and that is when the wealth and assets began to be siphoned away from the people and into the coffers of the banks. There is a very interesting video tape telling the story - please contact Tony Pitt on (0741) 221 412 to obtain a copy.

Inflation and devaluation coupled with manufactured cycles of "boom and bust" have been other techniques employed by the powerbrokers. As an example of devaluation, I Denis Troy sent me a copy of Habeas Corpus which said that a judge could be fined one thousand pounds for delivering a wrong judgement back in 1670. I phoned up the reserve bank of Australia and asked what would that be worth today. The young man was helpful and phoned me back an hour later to say that in 1850 that one thousand pounds was worth one thousand and fifty pounds, ie: almost no devaluation, but in 1998 it was then worth over one hundred and thirty-four thousand dollars. In 1963 Australia decimalized its currency by converted one pound into two dollars.

The banks are now amalgamating to become more powerful to very soon become, in effect "El Supremo" to the world. What price freedom, then?

This simple common law claim will right the scales of justice providing people are game enough to take up the gauntlet.

In this war there is no point in even thinking of armed resistance because the banks control all the forces with the army and police at their beck and call. There is not even any point in trying to stir the majority of the populus in Australia because they are apathetic and been effectively divided and dispirited as a result of years of media propaganda.

There is an old saying that "you can fool all of the people some of the time, and some of the people all of the time, but you can't fool all of the people all of the time". It is to that percentage who have twigged to the swindle that the burden of retaliation falls. It is to those who have suffered under the variable interest rate scam that have to take the truth to the courts and turn the tables using the justice system as it was intended to be used and not as it is now implemented by a corrupt judiciary.

Before Christmas 1998 Tony Pitt asked if I would write a short article for his newspaper called "National Interest News" and which he publishes from time to time as finances will allow. I responded with what follows and it is worth remembering that the criminality of the banks extend beyond the variable interest rate loan contract swindle however to prove those other crimes in court would require far more complicated and time-consuming procedures such as full disclosure of the bank's records which it is not unknown for the banks to forge and lose.

And keep in mind that, following the introduction of the Consumer Credit Act in 1981 to set the scene for the variable interest rate debacle, the collective assets of the major banks in Australia rose from 81 billion dollars to 384 billion dollars in six years. The method was simple, ie: create credit and give it to customers and in return take money plus interest. It's as silly as that! Give nothing and demand money. The one-way flow of money has had the banks laughing ever since.

Tony said he might change the title of the article but this is how I wrote it:

By John Wilson

Common law demands that, for a contract to be created, there must be "certainty of terms" otherwise the contract is void, ie: of no legal effect (invalid and not binding) and must be set aside.

Without even getting into the argument of whether banks actually lend money or dispense mere credit, which they themselves create, for which the borrowers have to pay for with real money plus interest, this is simply a matter of the definition of words in the English language.
Please take note of the following definitions:
1. certain - absolutely assured, regular, fixed, not variable.
2. variable - apt to change, changeable, uncertain.
3. terms - conditions, stipulations, price, charge, rate of payment.

Under our system of a Constitutional Monarchy, any statute law which in violation of the common law and to the prejudice of the people is void and inoperable and should not be granted Royal Assent or, if it has (because Ministers have misled the Governor), should be disallowed by the Governor who took an Oath of Allegiance to the Queen. Any Governor failing in his/her duty must be sacked.

Banks make out, ie: present, loan contracts containing variable interest rates as being a valid contract. This is false representation, "passing off" or fraud. Taking money by fraud is stealing and victims are entitled to compensation or restitution under the law.

Tort means harm or wrong. This tort is also a crime but don't expect the Police or the Public Prosecutor to take any action against the banks.

In order to obtain restitution, firstly file a Statement of Claim in the Common Law Division of the Supreme Court and secondly file a Requisition for Trial by Jury. The jury is vital because judges are not to be trusted. They will not take action against the banks. The judges are corrupt. I have documented this corruption on an Internet website and can be found under
http://www.rightsandwrong.com.au/ where victims can read what skullduggery is practiced by judges from the Supreme Court of New South Wales to and including the High Court of Australia. For example: on 17/9/96 in the Supreme Court Master Terrence Greenwood ruled that "Thus, whilst the amount of that future rate is uncertain, the rate itself is indeed certain" and on 11/4/97 in the High Court Sir Daryl Dawson, when I asked the three judges (Dawson, Toohey and Kirby) to answer the discreet question of law as to "Whether variable interest rates render a contract void for uncertainty?" and "Does variable mean uncertain?", replied "Sorry, we cannot answer those questions." The judges are guilty of Perfidy, Perjury and Corruption.

The jury is the last remaining tribunal capable of delivering justice. Judges fear juries and will try desperately to deny victims of bank fraud access to them. An individual plaintiff (person who takes a claim to court) is easily disposed of by judges. That is why, as Tony Pitt suggests, there must be multiple plaintiffs or a Class Action. My experiences through the courts is proof of that. People must be united if they are to win over our corrupt judiciary and obtain "Law and Justice" which Queen Elizabeth The Second swore in the Coronation Oath on 2 June 1953 in the Abbey Church of Westminster to uphold.

The Statement of Claim should ask for Severance of the part of the loan contract which is bad under common law which has made the contract void, ie: the variable interest rates.

A simple formula for the calculation of restitution is that, because variable interest rate have no legal affect and therefore no value, ie: they are in fact 0%, any monies paid to the bank in excess of either (a) the principal of the loan; or (b) the principal plus the fixed interest rate applicable to the fixed interest rate period; should be returned to the borrower. The jury can decide whether to add the "one fifth" mentioned in Leviticus when repaying monies obtained by fraud because, after all, the Queen also swore to accept the Holy Bible as "royal Law".

Do not trust lawyers who will take your money and then double-cross you. Filing in the Supreme Court costs $495 and the fee for a jury is about the same. Represent yourself and don't be bullied by the judge. Please write to P.O. Box 4520, North Rocks, NSW, 2151 for information on the duty and rights of the jury so that they will judge the facts and the law.

It is time for justice and it is time for the criminal banks to compensate their victims.

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