HMCTS - Queries re. wrongly made judgments and invalid claims

Response to this request is long overdue. By law, under all circumstances, Ministry of Justice should have responded by now (details). You can complain by requesting an internal review.

Business support - HMCTS

14 June 2018

Dear Ministry of Justice,

Is this the right contact for HMCTS that deals with wrongly made judgments and invalid claims? Your email was passed to me by the Registry Trust.

But first, I have a few questions if I may -

1* Can an appeal number be created on the back of an un-issued, un-sealed and un-served claim? Or is it rendered 'void ab initio'?

2* can a 'judgment' be entered on that basis of an appeal backed by nothing except an un-issued un-sealed and un-served claim?

3* How does one obtain an order to declare that a court order or judgment is 'void ab initio' if there are no live or valid proceedings?

4* how does one deal with issues where a court has been privately hired but that the private arrangement has not been disclosed to the court user, and so there's no protection, therefore, of the Law?

5* can a new claim number be applied mid-stream in invalidly run proceedings, which has never been particularised or validly served, with no pre-action protocol?

6* Is it prohibited under court rules to introduce a NEW or different 'claim number' without going through the proper process and particularising the details of the claim with valid service etc etc?

7* Can a judgment be entered against a party whose status has been reversed on that judgment, because of a claim being used from a lower court, to derail a claim validly issued in a Higher court, whereby the lower court claim had never actually begun in Law - clearly an administrative issue?

8* How does one correct a situation where an opposing solicitor is pushing a false claim through HMCTS using a false instrument (invalid bank account using fake numbers) and has obtained 'judgments' and 'orders' on the back of that?

9* why are certain Big name Law firms permitted to run false claims through HMCTS and use false instruments, and get away with it?

10* why are many judges in HMCTS acting to protect wrong-doing by major financial institutions, providing favour and bias to the solicitors for those banks, in a clearly RIGGED situation?

11* If someone is a witness to serious crime, and is being attacked through HMCTS by wrong-doers and perpetrators of the serious crime, can they be held 'in contempt of court' when they are witnesses of vexatious litigation being used to harm them? i.e. is 'contempt of court' contingent upon certain caveats, including that the one standing accused of this is NOT a witness in a criminal matter due to go to trial at some point?

12* Can a 'judgment' be entered where there has been NO FACT FIND or merits determination?

13* * Are the civil courts the right arena to bring a Contempt of court claim under section 81?

14* If HMCTS have no jurisdiction because of no claim ever being issued or sealed by the court, how can a person be required to attend court where they've been denied a hearing on their validly issued case but are being told to attend a hearing on an un-issued 'claim', instead?

16* Can a person/s be branded "bankrupt" on the basis of a purported 'judgment debt" which rests upon an un-issued, un-served and un-sealed claim?

17* Can a person/s be branded "bankrupt" where a false instrument (fake bank account) has provably been used?

18* Does HMCTS have the right to pass data to another government department (like the Insolvency service) information or file data on a case that's invalidly in the court in the first place, without the accused party's consent or permission?

19* where is the lawful jurisdiction for the Insolvency Register administrators to take information on an individual and advertise it on their website which they call "the Individual Insolvency register" - especially when it is wrong or based upon false instruments etc?

20* why is data belonging to individuals being widely misused by the Insolvency Service who are claiming an order has been made from "the court" when it has not?

21* How can HMCTS endorse a 'judgment debt' based on an un-issued statute barred 'claim' and allow a person/s to be branded "bankrupt" on the back of it?

22* what is the legal requirement to permit data to be passed between government departments without the named individuals' consent?

23* does a PRIVATE court have the same status as a PUBLIC court, in Law? Can an "order" made in an undisclosed Private (unlawful) court be used against someone as if the order had been made in a Public (lawful) court? If not, how does one access a legal remedy to this?

24* Do HMCTS deem an undisclosed private "court" to be a lawful court? Why are there no checks and balances in place to deal with all of these anomalies and loopholes, which are being exploited by criminals?

I look forward to your urgent responses -

Yours faithfully,

Elizabeth watson

HMCTS Customer Service (Correspondence), Ministry of Justice

Dear Ms Watson

Thank you for your email, which has been passed to this team to respond.

Your enquiry does not fall under the Freedom of Information regime and is being treated by the department as 'Official Correspondence'. It may be helpful if I explain that the Freedom of Information Act gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the Act states that in order for a request for information to be handled as a Freedom of Information (FOI) request, it must be for recorded information. For example, a Freedom of Information request would be for a copy of a policy, rather than an explanation as to why we have that policy in place. On occasion, the Ministry of Justice receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.

I should also explain that HM Courts & Tribunals Service (HMCTS) administrative staff are not legally qualified and cannot provide answers to the questions you raise. We are also unable to comment on any case that has been subject to judicial consideration, due to the independence of the judiciary.

You may wish to seek independent legal advice. If you have any concerns about a specific case in a particular court jurisdiction, then you may be able to find helpful guidance on the above GOV.UK website and the jurisdictional specific pages that can be accessed from this, and again you may want to seek independent advice. You can get free advice from your local Citizens Advice office or you can contact Civil Legal Advice for help locating advisory services, their telephone number is 0345 345 4 345.

Kind regards

Karen Hamilton
Customer Investigations Officer | HMCTS Customer Directorate

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