Dummy Files (Foreign Transfer) Businesses and Property Court Insolvency and Companies List Writ 66a and Writ 66 from Chancery Chambers

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Dear Her Majesty's Courts and Tribunals Service,

Dummy Files (Foreign Transfer) Businesses and Property Court Insolvency and Companies List Writ 66a and Writ 66 from Chancery Chambers

On the 10 November 2019 the MOJ confirmed a total of 13 writs were issued from the Chancery Chambers by the High Court Chancery Division between October and November 2018 that you say were made out in the name of an unknown High Court Enforcement Officer not in the name of Court Enforcement Services Ltd and none had been crossed out by hand and replaced with Equita.

1. Were these 13 High Court Writs either Writ 66 or Writ 66a and from which section of the Chancery Division.

2. Does the Chancery Division of the High Court officers seal the Writ 66a which do not go before a judge.

3. Are the costs for Writ 66a £51.75 and is the same cost applied to Writ 66 which must go before a judge.

4. What is a Dummy File by the Insolvency and Companies and how many of these files were opened with a BR Case Reference number to enable a Writ of Possession to be obtained and issued.

5. How many dummy files were created on 23 October 2018.

6. How many writs were dated for approval on the 24 October and how many were sealed the same day.

7. How many writs were dated 29 November 2018 and how many were sealed on 30 November 2018.

8. a)How many writs dated 29 November 2018 were put before a judge and sealed.

b)how many were not put before a judge and put before a court officer and sealed.

c) how many were altered from Court Enforcement Services Limited to
Equita.

9. Please provide separate information for both a Writ 66 and Writ 66a.

10. How many of these Dummy Files were marked as a Foreign Transfer.

Yours faithfully,

Ed Boyce

Disclosure Team, HM Courts and Tribunals Service

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Ed Boyce left an annotation ()

Why would a solicitors firm request a Dummy File to be opened in the High Court Chancery Division B&PC Insolvency and Companies section to issue a Possession Warrant in standard Form 66.

The High Court grants and issues Writs not county court warrants for possession.

How is it possible to mark a Writ apparently obtained from the Chancery Division as being issued by the Central Office of the High Court that is in the Queens Bench Division?

LondonKILO, HM Courts and Tribunals Service

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Dear  Ed Boyce,

 

Please see the attached acknowledgment to your request (our reference:
220212001)

 

Regards

 

Knowledge and Information Officer
Knowledge and Information Liaison Unit | London Regional Support Unit |
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LondonKILO, HM Courts and Tribunals Service

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Dear Ed Boyce,

 

Please see the attached response to your request (our reference 220212001)

 

Knowledge and Information Officer
Knowledge and Information Liaison Unit | London Regional Support Unit |
3^rd Floor | First Avenue House | 42-49 High Holborn | London | WC1V 6NP |
DX160010 Kingsway 7

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Dear LondonKILO,

Thank you for confirming that the Chancery Issue Team for Insolvency and Bankruptcy have not received a request to open up a Dummy File and do not create dummy files. And that you hold no records of any writs dated 24 October 2018 for approval or court sealed that day.

1. How many CE File system cases were created on the 23 October 2018.

a. And how many were created on this date to obtain a Writ 66 (combined writ of possession and control).

2. You have confirmed that four Writ 66 were dealt with out of a total of 13 Writs by the Chancery Issue Team and that none went before a judge on the 29 November 2018 but were put before a court officer instead and sealed the same day and that none were made out to Court Enforcement Services Limited and altered to Equita.

a. Please clarify if you are saying that none of the four Writ 66 were sealed by court officers on 30 November 2018 and all four writs were sealed by a court officer on 29 November 2018.

b. And confirm if any of the four Writ 66 were made out to Court Enforcement Services Limited.

c. And confirm if any of the four Writ 66 were made out to Equita.

d. Or are you saying that the four Writ 66 were all made out to a named High Court Enforcement Officer.

e. Why have 13 writs been reduced to only four issued from the Chancery Chambers by the High Court Chancery Division.

3. Your answer to question 9 does not seem to make sense when you have confirmed that four Writ 66 were sealed and issued, please clarify in which period they were issued.

a. And under what authority a court officer has to seal a Writ 66 without it being put before a judge.

b. Are you saying that neither a Writ 66 or Writ 66a is required to be put before a judge.

4. When are you saying that the cost for a Writ 66a (combined writ of possession and control costs of action) increased from £51.75 to £66.

Yours sincerely,

Ed Boyce

LondonKILO, HM Courts and Tribunals Service

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LondonKILO, HM Courts and Tribunals Service

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Dear Ed Boyce,

 

Please see the attached acknowledgment to your request (our reference:
220320013 )

 

Regards

 

Knowledge and Information Officer
Knowledge and Information Liaison Unit | London Regional Support Unit |
3^rd Floor | First Avenue House | 42-49 High Holborn | London | WC1V 6NP |
DX160010 Kingsway 7

Web: [1]www.gov.uk/hmcts

 

Unless a higher marking is specified please treat this email as: OFFICIAL

 

 

 

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LondonKILO, HM Courts and Tribunals Service

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Dear Ed Boyce,

 

Please see the attached response to your request (our reference 220320013)

 

Knowledge and Information Officer
Knowledge and Information Liaison Unit | London Regional Support Unit |
3^rd Floor | First Avenue House | 42-49 High Holborn | London | WC1V 6NP |
DX160010 Kingsway 7

Web: [1]www.gov.uk/hmcts

 

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Ed Boyce left an annotation ()

How are solicitors managing to open “Dummy Files” that they claim they do not open, yet evidence proves otherwise, in the Chancery Division, Business and Property Court of England and Wales, Insolvency & Companies list, or managing to obtain a Writ of Possession (Writ 66) in the name of an Enforcement Company and not a named High Court Enforcement Officer, as if, issued from the Central Office, rather than marked as issued from Chancery Chambers.

Why would they use a PF86A request for a combined writ of control, writ of possession, writ of delivery to obtain a Writ of Possession ONLY (also misleadingly referred to as a Possession Warrant in a standard Form 66 that does not appear to exist) why not use PF88 request for writ of possession?

Or are they simply claiming or pretending to have a right to a combined writ of both possession and control, when this can cause confusion if the courts do not require the applicant to strike out the word ‘Control’ in the title.

Are they committing fraud if they obtain or pretend to have obtained a valid writ of possession if obtained this writ 66 incorrectly or using deceptive means?

Since when can a Writ 66 for Possession be obtained without going before a Judge?

How many people have fallen victim to incorrect procedures being followed or is there an element of an inside job of who you know rather than what you know?

Dear LondonKILO,

Thank you for the information, just a couple of further points for clarification concerning information held for obtaining Writ 66 Combined of Possession and Control issued from Chancery Chambers in the Business and Property Court of England and Wales, Insolvency & Companies list in the Chancery Division.

1. Of the 23 cases on the CE File system created on 23 October 2018 in the Chancery Division, Business and Property Court (Rolls Building) how many were Insolvency and Companies.

2. Were the four Writ 66 for Possession only or for Control only and how many were combined for both possession and control, that were issued by and sealed by court officers the same day and did not go before a judge on 29 November 2018. Were all the four writ 66 marked as issued from Chancery Chambers and were any marked as issued from the Central Office. Please provide the dates that court officers issued the four Writ 66.

3. Are all of the four writs issued by court officers required to be sealed the same day because you say that no writs 66 were issued on the 29 November 2018.

Please state the date of any of the writs that were sealed on the 30 November 2018 (if any).

4. Is the application for a Writ 66 of Control required to be put before a judge or only applications for a Writ of Possession and a Writ 66 Combined Writ of Possession and Control.

5. What applications are required to be put before a judge to obtain a Writ of Possession (Writ 66) and must they be in PF88 request for writ of possession or PF89 request for writ of possession and writ of control.

6. Do applicants that have both a Writ 66 either for Possession only or a combined Writ of Possession and Control require a PF91 evidence in support of their application to issue a writ of possession (ruler 83.13) and PF93 application to issue a writ of possession ( rule 83.13). If they do not apply can they enforce their Writ.

Yours sincerely,

Ed Boyce

LondonKILO, HM Courts and Tribunals Service

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Dear Ed Boyce

 

Please see attached the acknowledgement to your request (our reference
220503005)

 

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LondonKILO, HM Courts and Tribunals Service

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Dear Ed Boyce,

 

Further to e-mail below and in  relation to your FOI request dated 3 May
2022, the court has confirmed they will respond direct to your request.

 

The questions contained in your FOI request,   would more appropriately be
dealt with as a business as usual requests.

 

Please contact  the Chancery Issue Team using the address:
[email address] for procedural guidance

 

 

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From: LondonKILO <[email address]>
Sent: 03 May 2022 10:14
To: [FOI #832820 email]
Cc: LondonKILO <[email address]>
Subject: Acknowledgement to your request (our reference 220503005)

 

Dear Ed Boyce

 

Please see attached the acknowledgement to your request (our reference
220503005)

 

Regards,

 

Knowledge and Information Liaison Officer

 

London Regional Support Unit | 3^rd Floor | First Avenue House | 42-49
High Holborn | London | WC1V 6NP | DX160010 Kingsway 7

[2]Coronavirus (COVID-19): courts and tribunals planning and preparation

[3]Here is how HMCTS uses personal data about you

 

 

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Ed Boyce left an annotation ()

If you check the CE File you may also find that no applications have been made and incorrect dates have been used for civil county court orders on dates they either did not sit or you were not made aware of.

Mere trading names will be used and also a PO Box address when only correct legal company names and a registered address can be used.

They will also claim that the Central Office of the King's Bench issue writs that are later sealed by The Business and Property Courts of England & Wales. Check you will find they do not!