Due Diigence Fee Remission and Summons and Judgement Negotiable Instruments

The request was partially successful.

Dear Her Majesty's Courts and Tribunals Service,

Question 1)
Would you please provide the public with recorded information regarding the contact details of Her Majesty Department(s) to which you deposit any of the following Negotiable Instrument for processing and discharging or/and settling etc... and as per operation of law.
if different for any please provide information
A) Fee remission
B) Cash deposit to the court for security of costs
C) Or (Private) Promissory Notes deposit to the court.
D) Accepted for value (Judgement order)

Question 2)
Would you please provide recorded information regarding the due diligence in place in the following circumstances, in other words, what an Agent or Employee had been trained to do in the following circumstances what are the steps by steps instructions in making sure that they deal with their tasks and in this case the following circumstances or and incident.

A) An Application for Fee Remission?
1) Please provide contact details with phone number of Her Majesty Department (Treasury) to which you sent these details for it to be processed to your satisfaction so that the funds may be transferred into your court account? Or the details of your department that deals with it as a full and final point.
2) Please provide recorded information that states how your court must deal with this Negotiable instrument

B) Would you please provide contact details with a phone number of Her Majesty (Tresuary Department) that deals with Judgement of the court that have been endorsed as "Accepted for value ...... " and returned to the issuer (that is your court) for processing.
1) Please provide the recorded information that states how the court must deal with this matter.

Question 3).
Would you please provide recorded information regarding due diligence in place before issuing or/and serving a claim on a possible Defendant.
A) What recorded information obliged to the court to simply accept Jurisdiction?
B) What recorded information have you got regarding the bases under which the court may accept jurisdiction?
C) What recorded information is there stating that the court has automatic jurisdiction? In spite of the court lacking on and for its record and in most if not all cases:
Defect 1) Proof of standing
Defect 2) Proof of Contract, the relationship between the parties (their Law).
Defect 3) Proof of venue
Defect 4) Proof of Jurisdictions
Defect 5) Affidavit of Claim. Allegations of facts are not facts and must be affirmed or sworn.
Defect 6) Failure to state a case from which the court may provide a remedy

Question 4)
Would you please provide the recorded information that says that your court can proceed based on copy even those the Claimant admits that the original contract does not exist or it is a hidden one.?

Yours faithfully,

Blaise: [and Tchoula]
A living man
A Inhabitant of the County

Civil & Family Business Support, HM Courts and Tribunals Service

2 Attachments

Good morning

 

Please see attached acknowledgment to the Freedom of Information
application 200113022.

 

 

Kind Regards

 

Civil and Family Business Support

 

[1]HMCTS_BLK_DIGI

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Civil & Family Business Support, HM Courts and Tribunals Service

2 Attachments

Good afternoon

 

Thank you for your recent Freedom of Information request. This has been
looked into for you and I am attaching the response for your attention.

Please note this inbox is only used for the purpose of sending FOI
responses and so do not reply to this email.

 

 

Yours Sincerely

 

Civil Jurisdictional and Operational Support

 

Courts and Tribunals Development Directorate

 

[1]HMCTS_BLK_DIGI

For information on how HMCTS uses personal data about you please see:

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

 

 

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Dear Civil & Family Business Support,

I clearly fail to understand which clarity you required. Does your law say that you must ask for this and also in a precise manner?
We due respect this is written in simple English as i understand.
I do not know what exactly you require of me in order to process my request.
Are you seeking to find out the meaning of the terms or words?
in absence of your specific request, i am going to approach it in this way.
I am going to try the best way i know how to and without prejudice to the previous one.

Question 1)
Would you please provide the public with recorded information regarding the contact details of Her Majesty Department(s) to which you deposit any of the following Negotiable Instruments for processing and discharging or/and settling etc... and as per operation of law.
if different for any please provide information
A) Fee remission
B) Cash deposit to the court for security of costs
C) Or (Private) Promissory Notes deposit to the court.
D) Accepted for value (Judgement order)
=====================================
A) Ones a Fee Remission have been approved. Who then provide HMCTS with the money. and what is the contact details of that organisation. For example you send the bill to her Majesty Treasuary who then makes the payment to HMCTS on my behalf?
Or where do you get the money from in paying the fee because CPR says it has to be paid regardless.

B) When for example the court makes an order for money to be paid. Which department do we send the money to. For example money for Security of Costs.

c) What department should Negotiable Instruments be sent to in order to make payment or discharge?
D) is the same as C just a different type of negotiable instrument. .

======================================
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Question 2)
Would you please provide recorded information regarding the due diligence in place in the following circumstances, in other words, what an Agent or Employee had been trained to do in the following circumstances what are the steps by steps instructions in making sure that they deal with their tasks and in this case the following circumstances or and incident.

============================================================
What are protocol in place when dealing with for example an application for fee remission . In another word a step by step in place when dealing with with an application for fee remission
1) Once the File have been processed do you send it externally for payment.?
Please provide the contact details of the funds where the money is drawn from and with their phone numbers and email. Does the money come from the Her Majesty Treasury department?
2) Do you record all fee payments on the Computerised Court Record (CASEMAN) for the case?
3) By operation of law are you obliged to record all the information law ?
================================
A) An Application for Fee Remission?
1) Please provide contact details with the phone number of Her Majesty Department (Treasury) to which you sent these details for it to be processed to your satisfaction so that the funds may be transferred into your court account? Or the details of your department that deals with it as a full and final point.
2) Please provide recorded information that states how your court must deal with this Negotiable instrument

=======================================
Question B is very clear and i need the answers to all my questions.
==========================================
B) Would you please provide contact details with a phone number of Her Majesty (Tresuary Department) that deals with Judgement of the court that have been endorsed as "Accepted for value ...... " and returned to the issuer (that is your court) for processing.
1) Please provide the recorded information that states how the court must deal with this matter.

=======================================================
Question 3).
Would you please provide recorded information regarding due diligence in place before issuing or/and serving a claim on a possible Defendant.
A) What recorded information obliged to the court to simply accept Jurisdiction?
B) What recorded information have you got regarding the bases under which the court may accept jurisdiction?
C) What recorded information is there stating that the court has automatic jurisdiction? In spite of the court lacking on and for its record and in most if not all cases:
Defect 1) Proof of standing
Defect 2) Proof of Contract, the relationship between the parties (their Law).
Defect 3) Proof of venue
Defect 4) Proof of Jurisdictions
Defect 5) Affidavit of Claim. Allegations of facts are not facts and must be affirmed or sworn.
Defect 6) Failure to state a case from which the court may provide a remedy

===================================================
What protocol ( or due diligence )
What step by step (written) process, do you have to follow when dealing with any of the above. for example once someone bring claim to you. that say they was a contract or writen agreement between the party . What are the step that you take before issuing his claim.?
Do you just accept it and issue a claim?
or do you write to him/her and say before i can process you claim you will need to pay your fee and send us a copy of the agreement and also make sure that your claim has been made on an affidavit affirm or sworn so that we can put those facts on and for the record of court. Without the facts, the court can not proceed. Because allegation of facts are not sufficient in law.

What CPR Rules gives the authority to the purported Court to accept jurisdiction where there no original documents?
To accept or take authority over a case based on allegations of (unproven) facts rather than facts.
What CPR permits the court to operates under presumptions of facts and/or law ?

What is the protocol that regulates the step that you take before issuing his claim.? for example A) Making sure the fee have been paid, making sure there is facts on the record, That the Original agreement exist and that an Affidavit of Claim has been filed instead of Particulars of Claim and a Claim. Which are done without prove that there is a relationship between the parties?

What are the steps that a court is required to follow in order to insure that they have the authority on and for the record to proceed ?
=======================================================

Question 4)
Would you please provide the recorded information that says that your court can proceed based on a copy even those the Claimant admits that the original contract does not exist or it is a hidden one.?
=======================================
What CPR rule does your court relies on in supporting their failure to follow their Own Judgement order?
For example, a court that gives a direction that "The Original documents must be brought to the hearing"
Then such order is not followed and the original document is not brought at the hearing.
What CPR does the court then relies on when carrying on without enforcing the consequences of such order which actually removes from the court any form of jurisdiction that they have taken on the assumption that such original documents exist and will be brought to the hearing. (It is only the original wet in a signed document that has value hence no jurisdiction can be secured even by agreement between the parties.)
"

Questions 5
What happen when the court does not do due diligence and cause injury to a party who is supposed to compensate for those. ?

Yours sincerely,

Blaise: [and Tchoula]
A living man
A Inhabitant of the County

Civil & Family Business Support, HM Courts and Tribunals Service

Thank you for your email to the Civil & Family Business Support mailbox,
before the team can start to look in to your query, you are required to
verify that you have:

 

 1. Conducted a check to ensure that the information requested is not
available online via the Intranet or Internet;
 2. Consulted with your Line Manager
 3. Consulted with a Delivery Manager
 4. Consulted with your Regional representative from the relevant National
Operational Forum.

 

(There are separate Operational Forums for Civil, Family, Divorce and the
Court of Protection. Links to details of the forums and the regional
representatives can be found on the Civil and Family Query Form).

 

If you have followed the above procedure and still need our assistance
then you are required to complete the new ‘Civil and Family Query Form’
which you can locate
[1]https://intranet.justice.gov.uk/about-hm...
(If your query does not relate to an operational process and you are
another department then your email will be responded to and you are not
required to complete the form)

 

The mailbox is checked regularly during business hours 10am to 4pm Monday
to Friday and we endeavour to reply to all emails within 5 working days.
However, it may take longer to provide you with a definitive answer if
your query needs to be referred to our policy, legal or operational
colleagues

 

 

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Dear Her Majesty's Courts and Tribunals Service,

Go ahead an look into my inquiries
Thanks.

Yours faithfully,

Blaise Tchoula

Civil & Family Business Support, HM Courts and Tribunals Service

Can you please note that if you try to reply to this email, you will not receive a response from us as this matter is formally closed. Any further information you may need, or to ask any form of a follow up questions, will require you sending in a fresh Freedom of Information Act (FOIA) Request.

Kind Regards

Civil and Family Business Support

For information on how HMCTS uses personal data about you please see:
Here is how HMCTS uses personal data about you

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Dear Her Majesty's Courts and Tribunals Service,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Her Majesty's Courts and Tribunals Service's handling of my FOI request 'Due Diigence Fee Remission and Summons and Judgement Negotiable Instruments'.

I do not know what is going on.
would you please follow due process and respond to my query.

Thank you.

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

Yours faithfully,

Blaise Tchoula

Civil & Family Business Support, HM Courts and Tribunals Service

1 Attachment

Dear Blaise Tchoula,

Please see attached acknowledgement of your FOI review request.

 

Kind regards,

 

The Civil and Family Team

 

Courts and Tribunals Development Directorate| HMCTS

 

For information on how HMCTS uses personal data about you please see:
[1]https://www.gov.uk/government/organisati...

 

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Civil & Family Business Support, HM Courts and Tribunals Service

1 Attachment

Dear Blaise Tchoula,

Please see attached final response to your FOI internal review request.

 

Kind regards,

 

The Civil and Family Team

 

Courts and Tribunals Development Directorate| HMCTS

Web: www.gov.uk/hmcts

 

For information on how HMCTS uses personal data about you please see:
[1]https://www.gov.uk/government/organisati...

 

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Dear Civil & Family Business Support,

Dear Her Majesty's Courts and Tribunals Service,

Question 1)
Would you please provide the public with recorded information regarding the contact details of Her Majesty Treasury Department(s) to which i: may write, (e.g. make a Subject Access request) in finding out which fee has been paid, how and by who in the cases where i am one of the parties.
A) Fee remission
B) Cash deposit to the court for the security of costs
C) Or (Private) Promissory Notes deposit to the court.
D) Accepted for value (Judgement order)

Question 2)
Have you got recorded information as to what actions (Due Diligence) does those Administrating Court documents have to submit to before Issuing a Case.
A) Are their obliged to make sure that a fee has been paid?
B) Are they obliged to make sure that on and for the record the court has Jurisdiction-on-the-Persona?
C) Are under obligation to make sure that there is sufficient pleading on and for the record to which the court may grant relief?

Question 3)
Would you please provide the public with recorded information and in details as to:
A) What the rules of HMCTS is/are? And it gets its authority from?
B) What is the Court and where it gets its authority from?

Question 4)
What is the law?
Please provide an example of law.
Yours faithfully,

Blaise: [and Tchoula]
A living man
A Inhabitant of the County

Civil & Family Business Support, HM Courts and Tribunals Service

Thank you for your email to the Civil & Family Business Support mailbox,
before the team can start to look in to your query, you are required to
verify that you have:

 

 1. Conducted a check to ensure that the information requested is not
available online via the Intranet or Internet;
 2. Consulted with your Line Manager
 3. Consulted with a Delivery Manager
 4. Consulted with your Regional representative from the relevant National
Operational Forum.

 

(There are separate Operational Forums for Civil, Family, Divorce and the
Court of Protection. Links to details of the forums and the regional
representatives can be found on the Civil and Family Query Form).

 

If you have followed the above procedure and still need our assistance
then you are required to complete the new ‘Civil and Family Query Form’
which you can locate
[1]https://intranet.justice.gov.uk/about-hm...
(If your query does not relate to an operational process and you are
another department then your email will be responded to and you are not
required to complete the form)

 

The mailbox is checked regularly during business hours 10am to 4pm Monday
to Friday and we endeavour to reply to all emails within 5 working days.
However, it may take longer to provide you with a definitive answer if
your query needs to be referred to our policy, legal or operational
colleagues

 

 

show quoted sections

Civil & Family Business Support, HM Courts and Tribunals Service

Good afternoon

Please can you confirm what this is?

Kind Regards

Civil and Family Business Support

For information on how HMCTS uses personal data about you please see:
Here is how HMCTS uses personal data about you

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Dear Civil & Family Business Support,

This reformulating the request as you invited me to do in your last correspondence.
partially reproduced above.

many thanks.

I am looking forward to hearing from you soon.

Yours sincerely,

Blaise Tchoula

The response you received wasn’t a refusal, but requested further clarification from you and
explained that the wording of the questions you had made did not make it clear what
information was being requested. You were advised to explain, and clarify what information
you require.
2
Following a review of the response you received, and as advice has been provided as to
how you can progress your request with the department waiting for that clarification from
you, after careful consideration, I have concluded that this previous response was compliant
with the requirements of the FOIA.

Statutory deadline
The statutory deadline for your request was 10th February 2020 and the response was
provided on 28th January 2020. The response was therefore compliant with the requirements
of the FOIA.

Outcome
Unfortunately, I too have struggled to understand what information you are asking for when
reading your original request. It would be beneficial if you could reword or change the way in
which you are posing your questions. Perhaps try to simplify your request making each
question more concise. Please attempt to explain, rephrase and clarify what information you
require, to help us identify the correct information you wish to receive.

In conclusion I am satisfied that the response you received on 28th January 2020 was
correct.

Appeal Rights

If you are not satisfied with this response you have the right to apply to the Information
Commissioner’s Office (ICO). The Commissioner is an independent regulator who has the
power to direct us to respond to your request differently, if she considers that we have
handled it incorrectly.

You can contact the ICO at the following address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

https://ico.org.uk/Global/contact-us

Yours sincerely

The Civil and Family Team,

Courts and Tribunals Development Directorate, HMCTS.
3

Civil & Family Business Support, HM Courts and Tribunals Service

Thank you for your email to the Civil & Family Business Support mailbox,
before the team can start to look in to your query, you are required to
verify that you have:

 

 1. Conducted a check to ensure that the information requested is not
available online via the Intranet or Internet;
 2. Consulted with your Line Manager
 3. Consulted with a Delivery Manager
 4. Consulted with your Regional representative from the relevant National
Operational Forum.

 

(There are separate Operational Forums for Civil, Family, Divorce and the
Court of Protection. Links to details of the forums and the regional
representatives can be found on the Civil and Family Query Form).

 

If you have followed the above procedure and still need our assistance
then you are required to complete the new ‘Civil and Family Query Form’
which you can locate
[1]https://intranet.justice.gov.uk/about-hm...
(If your query does not relate to an operational process and you are
another department then your email will be responded to and you are not
required to complete the form)

 

The mailbox is checked regularly during business hours 10am to 4pm Monday
to Friday and we endeavour to reply to all emails within 5 working days.
However, it may take longer to provide you with a definitive answer if
your query needs to be referred to our policy, legal or operational
colleagues

 

 

show quoted sections

Civil & Family Business Support, HM Courts and Tribunals Service

Good afternoon

If this is a fresh request you must apply through the Disclosure team first.

Kind Regards

Civil and Family Business Support

For information on how HMCTS uses personal data about you please see:
Here is how HMCTS uses personal data about you

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Dear Civil & Family Business Support,

You may want to call it as you wish.

i am only interested in the response.

Please do your job and provide a response.

IT DOES NOT MATTER IF YOU LIKE TO TREATED AS A NEW REQUEST. AS LONG AS YOU DEAL WITH IT.

Yours sincerely,

Blaise Tchoula

Civil & Family Business Support, HM Courts and Tribunals Service

Thank you for your email to the Civil & Family Business Support mailbox,
before the team can start to look in to your query, you are required to
verify that you have:

 

 1. Conducted a check to ensure that the information requested is not
available online via the Intranet or Internet;
 2. Consulted with your Line Manager
 3. Consulted with a Delivery Manager
 4. Consulted with your Regional representative from the relevant National
Operational Forum.

 

(There are separate Operational Forums for Civil, Family, Divorce and the
Court of Protection. Links to details of the forums and the regional
representatives can be found on the Civil and Family Query Form).

 

If you have followed the above procedure and still need our assistance
then you are required to complete the new ‘Civil and Family Query Form’
which you can locate
[1]https://intranet.justice.gov.uk/about-hm...
(If your query does not relate to an operational process and you are
another department then your email will be responded to and you are not
required to complete the form)

 

The mailbox is checked regularly during business hours 10am to 4pm Monday
to Friday and we endeavour to reply to all emails within 5 working days.
However, it may take longer to provide you with a definitive answer if
your query needs to be referred to our policy, legal or operational
colleagues

 

 

show quoted sections

Civil & Family Business Support, HM Courts and Tribunals Service

2 Attachments

Good afternoon

 

Please see attached acknowledgment.

 

 

Yours Sincerely

 

Civil Jurisdictional and Operational Support

 

Courts and Tribunals Development Directorate

 

[1]HMCTS_BLK_DIGI

For information on how HMCTS uses personal data about you please see:

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

 

 

show quoted sections

Civil & Family Business Support, HM Courts and Tribunals Service

2 Attachments

Good afternoon Blaise Touchla

 

Thank you for your recent FOI. This has been looked into for you and I am
attaching the response for your attention.

 

Please note that this inbox is only used for the purpose of sending FOI
responses and so do not reply to this email.

 

 

Yours Sincerely

 

Civil Jurisdictional and Operational Support

 

Courts and Tribunals Development Directorate

 

[1]HMCTS_BLK_DIGI

For information on how HMCTS uses personal data about you please see:

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

 

 

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