Dear friends and supporters!
Our latest developments are frankly unbelievable, and this is the danger I talked about in my last article.
UBS is now attempting to frustrate the court process one final time… if they are successful in obtaining the permission to sell our house at a third of its appraised value, this will deprive us of any possibility to pursue our claims against UBS and Credit Suisse, both clients of the same law firm here in the Bahamas.
The title of this article accurately reflects what is happening 4:1
– we have four witness-experts, as from the Court’s order, and UBS has no one witness, only a bunch of unscrupulous lawyers and limitless money supply. The trial of our claim, which is ten times more than the alleged debt we owe, was vacated in September 2019 with no new date set. UBS still don’t have a single witness.
– $ 4 million US dollars is the appraised value of our home in 2017 (plus growth in these years) $1 million US dollars is the price the UBS‘ robbery is planning to sell it for.
In case of that sale, the next obvious step by attorneys of UBS and Credits Suisse will be the application for securities for costs, but we will not have the capital on hand, and of course we have been unable to trade in these years, living under unstoppable pressure of the two banks’ financial and psychological harassment. And our immigration status in the Bahamas is under the condition that the holder shall not engage in any gainful occupation in the Bahamas.
Needless to say, even our twelve-year old child is saying – they at UBS do not have witnesses, which means they do not have a case, they can not prove it.
With Credit Suisse, where was not any loan, the only “defense” they were able to put forward is that we are “time-barred”, which is irrefutably wrong.
Note, the founding partner of the law firm chasing us on behalf of both his bank clients and a bunch of greedy locals, who act on the belief that they are above the law, is Michael Patton, who is also a Deputy Chairman of the Securities Exchange Commission of the Bahamas, the very organization which is supposed to supervise the activities of those banks.
Many details of our legal struggles with UBS and Credit Suisse seem to challenge the concept of progress, begging the question of whether this is happening in the 2000s in a civilized country, governed by the known Commonwealth law system, or before its birth , sometime before 2613 BCE, when in the Old Kingdom of Ancient Egypt, humanity for the first time, as much as we know, gave shape and name to the Justice calling it Goddess of Justice – Ma At .
There is a fundamental concept of every country’s law, and in the terminology of English Law it is called Natural Justice, which is identified with the two constituents of a fair hearing,: 322 which are the rule against bias (nemo iudex in causa sua, or “no man a judge in his own cause”), and the right to a fair hearing (audi alteram partem, or “hear the other side”).
Certainly, we can locate ourselves somewhere before the end of the XVII century, when the reform against dishonest mortgagee took place: “Equity soon recognized the injustice of the forfeiture inherent in this situation. By the end of the seventeenth century, equity routinely intervened to relieve the harshness of the common law mortgage;3 3 all mortgagors could redeem their land, as a matter of right, by tendering the amount due within a reasonable period after the law day.3 4 Thus, courts created the equity of redemption,35 an equitable right of all mortgagors.3 6” Cornell Law Review Volume 70 5 June 1985 page 856
And yet, it happened to us when this whole incredible story began with the summary judgment for residential property!, in our absence in 2015 and repeated itself last Friday, 24th September 2021, in another version but similar insult to justice – the Court of Appeal of the Bahamas, before the new appointed Acting Deputy Registrar – she refused all legal submissions and without giving any support in law was about to proceed with the taxation, which will open the way for UBS eventually to sell our house at the price they please. UBS Bahamas is in liquidation, and most likely they will dissolve the very next day. We will be thrown out of the litigators’ seats. For now, we were only able to adjourn it, since our priceless lawyers, Mrs. Yvette McCartney-Meredith and Mr. Philipp Lundy, acting pro bono for us since 2015, had not attended this hearing, convinced that it would not proceed until a decision from the Privy Council or the conclusion of the trial.
The new date is set for the 8th of October 2021. Even if the clear purpose would be to deprive us of our rights to pursue further litigation, taxation will be pushed for by UBS. We hope this will not happen.
We will post our updates and the steps we are taking, here. And we ask you, please, to share.
It is exciting to see our website statistics, which has visitors from 81 countries!
Thank you so much, for coming here, reading. If you can, sign our petition and share the website, please – every signature, every visit, like count!
Together we are making difference!
With blessings and with gratitude,
Irina, Yuri and the boys