2020_02February_21 S67 of the Land Registration Act 2002 VS S29 and 38 of the Bill of exchange 1882 and S5 of Merchantile Law Amendement 1856

Blaise Tchoula made this Rhyddid Gwybodaeth request to Land Registry

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Roedd y cais yn llwyddiannus.

Dear Land Registry,

Question 1)
Please provide recorded information that regarding the basis under which you produce the "Official copy o register of title" ?
Section 67(1)(a) and (b) make is very clear that before producing the copy you must hold the original document. Do you agree that to be the correct interpretation of it?

Question 2)
Would you please give your undertaking that you are following the law and the Registrar has kept the original documents based on which you are producing the "Official copy of the register of title".
Official copies of the registers etc
(1) An official copy of, or of a part of—
(a) the register of title,
(b) any document which is referred to in the register of title and kept by the registrar,

Question 3)
You The Land Registry has stated that you do not hold any original document. Please state what documents nous rely on when producing the "Official copy of the register of title"?
1) Which law allows you to produce a copy without having the benefit of the original.
2) Which law allows you to produce a copy that has no similarity with the original
3)Which law allows you to produce a copy that does not have the terms of the original.

Question 4)
Please reveal (send a copy of) the step by step that you have in place since the Land Registration Act 2002 in registering with your organisation:
1) Leasehold Deed
2) Mortgage Deed
3) Or any other charge inland.

Question 5)
Have you got recorded information that authorises the Landlord or the Mortgagor the right to dematerialise, destroy, dispose of, or sell the Original documents
1) Leasehold Deed,
2) Mortgage Deed.

Question 6)
Have you got recorded information stating that a Mortgage may be assigned while the Original document is not in existence or have been dematerialised?
1) Without the original changing hands.

Question 7)
Please provide the recorded information that authorises the Landlord or/and Mortgagor the right to gain standing using the "Official copy of register of title" in securing standing although they do not have the original Title.

Question 8)
Have you got recorded information that gives the Holder of the "Official copy of register of title" the right to sue? (This is a copy). Section 38 of the Bill Exchange 1882? gives the Holder of the original the right to sue. (This is the original.
1) Have you got recorded information that says that a copy ("Official copy of register of title") replaces the original (Title Deed)?

Question 9)
Have you got recorded information that confers the right to sue to a person that admits that "we have never held the TitleDeeds for your property as they are held electronically at the Land Registry"?
1) There is only one original and have you ever hold an original document electronically, and what does it consist of holding documents electronically?

Question 10)
Which section of the Land Registration Act 2002 allows anyone to dematerialised the Title Deeds?

Question 11)
If there is a section of the Land Registration Act 2002 that gives a person the right to dematerialised the original document (title).

Question 12)
If question 11 allows the Original Title Deed to be dematerialised then it is there in conflict with Section 5 of the Mercantile Law Amendment 1856. Would you tell me how you deal with this conflict?

Question 13)
1) Hence there is no recorded information in the Land Registration Act 2002 or any other law that you know of that gives permission to anyone to dematerialised the original document of indebtedness.

Yours faithfully,
Blaise:

McLellan, Amy, Land Registry

Dear Blaise Tchoula,

Thank you for your email of 22 February 2020 requesting information about the following;

Question 1)
Please provide recorded information that regarding the basis under which you produce the "Official copy o register of title" ?
Section 67(1)(a) and (b) make is very clear that before producing the copy you must hold the original document. Do you agree that to be the correct interpretation of it?

Question 2)
Would you please give your undertaking that you are following the law and the Registrar has kept the original documents based on which you are producing the "Official copy of the register of title".
Official copies of the registers etc
(1) An official copy of, or of a part of—
(a) the register of title,
(b) any document which is referred to in the register of title and kept by the registrar,

Question 3)
You The Land Registry has stated that you do not hold any original document. Please state what documents nous rely on when producing the "Official copy of the register of title"?
1) Which law allows you to produce a copy without having the benefit of the original.
2) Which law allows you to produce a copy that has no similarity with the original 3)Which law allows you to produce a copy that does not have the terms of the original.

Question 4)
Please reveal (send a copy of) the step by step that you have in place since the Land Registration Act 2002 in registering with your organisation:
1) Leasehold Deed
2) Mortgage Deed
3) Or any other charge inland.

Question 5)
Have you got recorded information that authorises the Landlord or the Mortgagor the right to dematerialise, destroy, dispose of, or sell the Original documents
1) Leasehold Deed,
2) Mortgage Deed.

Question 6)
Have you got recorded information stating that a Mortgage may be assigned while the Original document is not in existence or have been dematerialised?
1) Without the original changing hands.

Question 7)
Please provide the recorded information that authorises the Landlord or/and Mortgagor the right to gain standing using the "Official copy of register of title" in securing standing although they do not have the original Title.

Question 8)
Have you got recorded information that gives the Holder of the "Official copy of register of title" the right to sue? (This is a copy). Section 38 of the Bill Exchange 1882? gives the Holder of the original the right to sue. (This is the original.
1) Have you got recorded information that says that a copy ("Official copy of register of title") replaces the original (Title Deed)?

Question 9)
Have you got recorded information that confers the right to sue to a person that admits that "we have never held the TitleDeeds for your property as they are held electronically at the Land Registry"?
1) There is only one original and have you ever hold an original document electronically, and what does it consist of holding documents electronically?

Question 10)
Which section of the Land Registration Act 2002 allows anyone to dematerialised the Title Deeds?

Question 11)
If there is a section of the Land Registration Act 2002 that gives a person the right to dematerialised the original document (title).

Question 12)
If question 11 allows the Original Title Deed to be dematerialised then it is there in conflict with Section 5 of the Mercantile Law Amendment 1856. Would you tell me how you deal with this conflict?

Question 13)
1) Hence there is no recorded information in the Land Registration Act 2002 or any other law that you know of that gives permission to anyone to dematerialised the original document of indebtedness.

Your request is being dealt with under the terms of the Freedom of Information Act 2000 and will be answered within twenty working days.

In some circumstances a fee may be payable and if that is the case, I will let you know. A fees notice will be issued to you, and you will be required to pay before we will proceed to deal with your request.

If you have any queries about this letter, please do not hesitate to contact me. Please remember to quote the reference number F200226 in any future communications.

Yours Sincerely,

Amy McLellan
Senior Corporate Information Officer

Information Rights Team
Castle Wharf House, 2 Canal Street, Nottingham, NG1 7AU
Email [email address]
0300 006 2651
GOV.UK | @HMLandRegistry| LinkedIn | Facebook
To see how HM Land Registry treats your personal information please click here

dangos adrannau a ddyfynnir

McLellan, Amy, Land Registry

Dear Blaise Tchoula,

 

I refer to my email dated 24 February 2020 acknowledging receipt of your
Freedom of Information request in which I advised you that a response will
be made to your request within 20 working days with a target date being 20
March 2020. 

 

I regret to inform you that we are unable to comply with your request
within the time specified in my email as we need more time to gather the
data requested to provide a complete response. In your case we estimate
that it will take an additional 10 working days to provide a full
response. Therefore, we plan to let you have a response by 03 April 2020.

 

Please accept our apology for the delay and thank you for your
understanding.

 

Yours Sincerely,

 

Amy McLellan

Disclosure Manager

 

Information Rights Team

Castle Wharf House, 2 Canal Street, Nottingham, NG1 7AU
Email [1][email address]

0300 006 2651

[2]GOV.UK | [3]@HMLandRegistry| [4]LinkedIn | [5]Facebook

To see how HM Land Registry treats your personal information please
click [6]here

 

HM Land Registry’s ambition is to become the world’s leading land registry for speed, simplicity and an open approach to data. Our mission is: “Your land and property rights: guaranteed and protected”.

We check all mail and attachments for known viruses. However, you are advised that you open any attachments at your own risk. If you have received this email and it was not intended for you, please let us know, then delete it.

We welcome correspondence in English and Welsh.

To see how HM Land Registry treats your personal information, read our Personal information charter: www.gov.uk/government/organisations/land....

References

Visible links
1. mailto:[email address]
2. https://www.gov.uk/government/organisati...
3. https://twitter.com/HMLandRegistry
4. http://www.linkedin.com/company/land-reg...
5. http://www.facebook.com/pages/Land-Regis...
6. https://www.gov.uk/government/organisati...

McLellan, Amy, Land Registry

Dear Blaise Tchoula,

 

I refer to my email dated 20 March 2020 where I advised that we required a
further 10 working days to respond to your request. We are currently
experiencing a delay to services due to Covid-19 and unfortunately Freedom
of Information requests will take longer to respond to than usual.

 

I would ask that you please bear with us and we will do our best to
respond to your request as soon as we are able to do so.

 

Thank you in advance for your patience and understanding during this time.

If you have any queries about this letter, please do not hesitate to
contact me. Please remember to quote the reference number F200226 in any
future communications.

Yours Sincerely,

 

Amy McLellan

Disclosure Manager

 

Information Rights Team

Castle Wharf House, 2 Canal Street, Nottingham, NG1 7AU
Email [1][email address]

0300 006 2651

[2]GOV.UK | [3]@HMLandRegistry| [4]LinkedIn | [5]Facebook

To see how HM Land Registry treats your personal information please
click [6]here

 

From: McLellan, Amy
Sent: 20 March 2020 09:15
To: 'Blaise Tchoula' <[FOI #648834 email]>
Subject: F200226 - Update

 

Dear Blaise Tchoula,

 

I refer to my email dated 24 February 2020 acknowledging receipt of your
Freedom of Information request in which I advised you that a response will
be made to your request within 20 working days with a target date being 20
March 2020. 

 

I regret to inform you that we are unable to comply with your request
within the time specified in my email as we need more time to gather the
data requested to provide a complete response. In your case we estimate
that it will take an additional 10 working days to provide a full
response. Therefore, we plan to let you have a response by 03 April 2020.

 

Please accept our apology for the delay and thank you for your
understanding.

 

Yours Sincerely,

 

Amy McLellan

Disclosure Manager

 

Information Rights Team

Castle Wharf House, 2 Canal Street, Nottingham, NG1 7AU
Email [7][email address]

0300 006 2651

[8]GOV.UK | [9]@HMLandRegistry| [10]LinkedIn | [11]Facebook

To see how HM Land Registry treats your personal information please
click [12]here

 

HM Land Registry’s ambition is to become the world’s leading land registry for speed, simplicity and an open approach to data. Our mission is: “Your land and property rights: guaranteed and protected”.

We check all mail and attachments for known viruses. However, you are advised that you open any attachments at your own risk. If you have received this email and it was not intended for you, please let us know, then delete it.

We welcome correspondence in English and Welsh.

To see how HM Land Registry treats your personal information, read our Personal information charter: www.gov.uk/government/organisations/land....

References

Visible links
1. mailto:[email address]
2. https://www.gov.uk/government/organisati...
3. https://twitter.com/HMLandRegistry
4. http://www.linkedin.com/company/land-reg...
5. http://www.facebook.com/pages/Land-Regis...
6. https://www.gov.uk/government/organisati...
7. mailto:[email address]
8. https://www.gov.uk/government/organisati...
9. https://twitter.com/HMLandRegistry
10. http://www.linkedin.com/company/land-reg...
11. http://www.facebook.com/pages/Land-Regis...
12. https://www.gov.uk/government/organisati...

Dear McLellan, Amy,

i still have not heard from you.
You have received more than sufficient time in dealing with this Notice.

Yours sincerely,

Blaise Tchoula

Dear Land Registry,
Notice of Default and Abuse of Process.

Please pass this on to the person who did not conducts Freedom of Information reviews.

I am writing to request an internal review of Land Registry's handling of my FOI request '2020_02February_21 S67 of the Land Registration Act 2002 VS S29 and 38 of the Bill of exchange 1882 and S5 of Merchantile Law Amendment 1856'.

You have been given more than sufficient time in dealing with this matter and you magistrally fail to provide a timely answer. And you are therefore acquiescing to the facts that all i: have said is simply correct.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/2...

Yours faithfully,

Blaise Tchoula

McLellan, Amy, Land Registry

Dear Blaise Tchoula,

Thank you for your email.

I apologise for the delay and thank you for your patience.

We anticipate that a response will be sent to you early next week.

With kind regards,

Amy McLellan
Disclosure Manager

Information Rights Team
Castle Wharf House, 2 Canal Street, Nottingham, NG1 7AU Email [email address]
0300 006 2651
GOV.UK | @HMLandRegistry| LinkedIn | Facebook To see how HM Land Registry treats your personal information please click here

dangos adrannau a ddyfynnir

Dear McLellan, Amy,
As well as posting it hear,
Would you be so kind as to provide me: with a signed wet ink response send at my home address.
if you do not have such please provide your email and i: shall send it to you.

Many thanks for your precious time.

I am looking forward to hearing from you.
Yours sincerely,

Blaise Tchoula

Allen, Jane, Land Registry

Dear Mr Tchoula

 

I was asked to respond to your request for an internal review. Please
accept my apologies for the delay.

 

Question 1)

Please provide recorded information that regarding the basis under which
you produce the "Official copy o register of title" ?

Section 67(1)(a) and (b) make is very clear that before producing the copy
you must hold the original document.  Do you agree that to be the correct
interpretation of it?

 

Section 67 of the Land Registration Act 2002 states that:-

(1)  An official copy of, or of a part of—

(a)  the register of title,

(b)  any document which is referred to in the register of title and kept
by the registrar,

(c)  any other document kept by the registrar which relates to an
application to him, or

(d)  the register of cautions against first registration,

 

is admissible in evidence to the same extent as the original.

 

I do not agree that you have correctly interpreted this Section. There are
no provisions in either the Land Registration Act 2002 or the Land
Registration Rules 2003 that require HM Land Registry (HMLR) to retain
original documents.

 

Where land is registered, the register of title contains all the details
of the title to a property. An Official Copy of the register is therefore
the equivalent of a full set of title deeds. Conveyancing of registered
land is quicker, easier and cheaper because individuals do not have to
read bundles of documents. The legal significance of an official copy of
the register of title is that if there is an error in an official copy of
the register produced by HMLR in certain circumstances HMLR will indemnify
a party who has suffered loss.

 

If the matter was before the Court, if the original document is valid,
then the certified or official copy would have the same validity.

 

 

 

Question 2)

Would you please give your undertaking that you are following the law and
the Registrar has kept the original documents based on which you are
producing the  "Official copy of the register of title". 

Official copies of the registers etc

(1) An official copy of, or of a part of—

(a) the register of title,

(b) any document which is referred to in the register of title and kept by
the registrar,

 

 

There is no legal requirement under the Land Registration Act 2002 (LRA
2002) or the Land Registration Rules 2003 (the Rules) for HMLR to retain
original documents. From 30 June 2014 HM Land Registry no longer retained
original documents. Conveyancers lodge original documents with their
applications. These documents are scanned and retained on our electronic
filing system. The original is then returned to the Conveyancer.

 

 

Question 3)

You The Land Registry has stated that you do not hold any original
document. Please state what documents nous rely on when producing the
"Official copy of the register of title"?

1) Which law allows you to produce a copy without having the benefit of
the original.

2) Which law allows you to produce a copy that has no similarity with the
original 3)Which law allows you to produce a copy that does not have the
terms of the original. 

 

Please also see the above response. HMLR sees original documents when
processing applications and rule 214 of the LRR 2003 sets out the
applications that must be accompanied by the original document. So, HMLR
will have completed the application having had sight of the original
document.

 

 

 

Question 4)

Please reveal (send a copy of) the step by step that you have in place
since the Land Registration Act 2002 in registering with your
organisation:

1) Leasehold Deed

2) Mortgage Deed

3) Or any other charge inland.

 

I have attached links to the relevant practice guides. It is not possible
to set out the steps because there are so many different kinds of
applications that could relate to one deed which necessitate different
processes.

 

 

[1]https://www.gov.uk/government/publicatio...

 

 

[2]https://www.gov.uk/government/publicatio...

 

 

Question 5)

Have you got recorded information that authorises the Landlord or the
Mortgagor the right to dematerialise, destroy, dispose of, or sell the
Original documents

1) Leasehold Deed,

2) Mortgage Deed.

 

I have addressed your question about dematerialisation as a separate
paragraph at the end of this response as you mention dematerialisation in
more than one question. (Questions 5, 6, 10, 11, 12 and 13).

 

What Landlords or lenders do with their original deeds is up to them.

 

Question 6)

Have you got recorded information stating that a Mortgage may be assigned
while the Original document is not in existence or have been
dematerialised?

1) Without the original changing hands. I have addressed your question
about dematerialisation as a separate paragraph as you mention
dematerialisation in more than one question. The law relating to
assignment of deeds is not relevant to the work of the Land Registry.

 

Question 7)

Please provide the recorded information that authorises the Landlord
or/and Mortgagor the right to gain standing using the "Official copy of
register of title"   in securing standing although they do not have the
original Title. Please see reply to question 1 – an official copy of the
register can be admitted as evidence to the same extent as the original.
Whether a claimant has standing would be part of the judicial process.

 

Question 8)

Have you got recorded information that gives the Holder of the "Official
copy of register of title" the right to sue?  (This is a copy).  Section
38 of the Bill Exchange 1882? gives the Holder of the original the right
to sue.  (This is the original. This Act is not applicable to the work of
HMLR.

1) Have you got recorded information that says that a copy ("Official copy
of register of title") replaces the original (Title Deed)? I have already
replied on the admissibility of an official copy in the place of an
original.

 

Question 9)

Have you got recorded information that confers the right to sue to a
person that admits that "we have never held the Title Deeds for your
property as they are held electronically at the Land Registry"? The right
to sue would be determined as part of the judicial process and not by
HMLR.

 1. There is only one original and have you ever hold an original document
electronically, and what does it consist of holding documents
electronically? 

 

Applications sent to the Land Registry either by post or document exchange
by Conveyancers are routed to arrive at our “Virtual Post Room”  - a
separate operations centre.  Applications posted to the Land Registry by
individual citizens, as opposed to Conveyancers are sent to the Citizen
Centre based at our Wales office. But, the principles are the same –HMLR
aims to interact with its customers digitally wherever possible and no
longer retains original documents.

 

Business customers can choose to lodge some applications electronically by
signing up to our business services. Therefore, they will have taken
certified copies of their original deeds prior to submitting them to us.

 

Documents received in the Virtual Post room are scanned and sent
electronically to our File and Correspondence system (FACS). They are
filed against title numbers and the application is then processed by
caseworkers. 

 

The legal basis enabling the Land Registry to return original documents to
applicants is contained in Rule 203 of the Land Registration Rules 2003 –
(1) On completion of any application, the Registrar may retain all or any
of the documents that accompanied the application and must return all such
other documents to the applicant or as otherwise specified in the
application. (6) Provided a sufficient copy of the document has been made.

 

Question 10)

Which section of the Land Registration Act 2002 allows anyone to
dematerialised the Title Deeds? I have addressed your question about
dematerialisation as a separate paragraph at the end of this response as
you mention dematerialisation in more than one question. (Questions 5, 6,
10, 11, 12 and 13).

 

 

Question 11)

If there is a section of the Land Registration Act 2002 that gives a
person the right to dematerialised  the original document (title).  I have
addressed your question about dematerialisation as a separate paragraph at
the end of this response as you mention dematerialisation in more than one
question. (Questions 5, 6, 10, 11, 12 and 13).

 

 

Question 12)

If question 11 allows the Original Title Deed to be dematerialised then it
is there in conflict with Section 5 of the  Mercantile Law Amendment
1856.  Would you tell me how you deal with this conflict?   The Mercantile
Law Amendment 1856 relates to trade and commerce and specifically
guarantees given. It is not relevant to Land Registration.

 

I have addressed your question about dematerialisation as a separate
paragraph at the end of this response as you mention dematerialisation in
more than one question. (Questions 5, 6, 10, 11, 12 and 13).

 

 

Question 13)

Hence there is no recorded information in the Land Registration Act 2002
or any other law that you know of that gives permission to anyone to
dematerialised the original document of indebtedness. I have addressed
your question about dematerialisation as a separate paragraph at the end
of this response as you mention dematerialisation in more than one
question. (Questions 5, 6, 10, 11, 12 and 13).

 

Dematerialisation:-

 

Dematerialisation refers to the retention of charge certificates under
Section 63 of the Land Registration Act 1925 (which was repealed by the
Land Registration Act 2002).

 

Dematerialisation is the practice where lenders could make an arrangement
in certain circumstances, for example, where their form of mortgage deed
had been approved by the Land Registry.

 

The issuing of charge certificates was abolished by the Land Registration
Act 2002 and dematerialisation is no longer applicable. However, some
registers will still have the old register entries referring to
dematerialisation: “The charge certificate relating to the charge dated
**** in favour of **** is retained in HM Land Registry (Section 63 of the
Land Registration Act 1925). 

 

In fact, charge certificates were not prepared and retained by HMLR – we
did not hold racks and racks of certificates. The original mortgage deed
was retained as part of the Land Registry’s records. The retention of the
charge certificate was notional.

 

Turning to your email dated 24 April, as we are home working it is not
possible for us to send you a letter with a signature.

 

If you are dissatisfied with this response to your request, you may seek
an internal review within two months of the date of our reply. Internal
reviews will be dealt within 20 working days. If at the end of this time
we are unable to respond, we will write to you explaining the reasons and
giving you a new date. If you seek an internal review, please write to:

Information Rights Team

Head Office

Trafalgar House

1 Bedford Park

Croydon

CR0 2AQ

Email: [3][Land Registry request email]

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner (ICO) within
three months of the reply for a decision. Generally, the ICO cannot make a
decision unless you have exhausted the complaints procedure provided by HM
Land Registry. The Information Commissioner can be contacted at: The
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.

 

Yours faithfully

 

Jane Allen

Lawyer – Land Registry Head Office Croydon

Email: [4][email address]

 

HM Land Registry’s ambition is to become the world’s leading land registry for speed, simplicity and an open approach to data. Our mission is: “Your land and property rights: guaranteed and protected”.

We check all mail and attachments for known viruses. However, you are advised that you open any attachments at your own risk. If you have received this email and it was not intended for you, please let us know, then delete it.

We welcome correspondence in English and Welsh.

To see how HM Land Registry treats your personal information, read our Personal information charter: www.gov.uk/government/organisations/land....

References

Visible links
1. https://www.gov.uk/government/publicatio...
2. https://www.gov.uk/government/publicatio...
3. mailto:[Land Registry request email]
4. mailto:[email address]