Land Registry - ' There is no legal requirement to notify the Land Registry on the issue of a bankruptcy petition or order ' ?

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

Dear Land Registry,

Land Registry - ' There is no legal requirement to notify the Land Registry on the issue of a bankruptcy petition or order ' ?

The Land Registry have stated that quote: ' There is no legal requirement to notify the Land Registry on the issue of a bankruptcy petition or order '

Please provide all recorded data that your department holds that supports your statement or all recorded data that confirms the opposite is true and that the court must by law inform the Land Registry when a bankrutpcy petition is filed into the court and the Official Receiver must inform the Land Registry of a bankrutpcy order.

Yours faithfully,

J. Ross

Petty, Roger, Land Registry

Dear J. Ross

 

Thank you for your email of 25 November 2016 where you requested
information about the legal requirement to notify the Land Registry on the
issue of a bankruptcy petition or order.

 

I can confirm that the Land Registry holds this information.

Under section 21 of the Freedom of Information Act 2000, we are not
required to provide information in response to a request if it is already
reasonably accessible to you. The information you requested is available
in Practice Guide 34 - Personal Insolvency, which explains LR's role in
respect of bankruptcy proceedings. Please see
[1]https://www.gov.uk/government/publicatio....

 

If you have any queries about this letter, please contact me. 

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:

Louise Booth

Head of Corporate Legal Services (Core Services)

Head office

Trafalgar House

1 Bedford Park

Croydon

CR0 2AQ

Email: [2][email address]

 

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
two months of the reply for a decision. Generally, the ICO cannot make a
decision unless you have exhausted the complaints procedure provided by
Land Registry. The Information Commissioner can be contacted at: The
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.

 

Yours sincerely

 

 

Roger Petty
Corporate Information Officer

 

Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [3][Land Registry request email]

[4]GOV.UK | [5]@LandRegGov | [6]LinkedIn | [7]Facebook

 

 

Your land and property rights: guaranteed and protected. Since 1862 Land Registry has given assurance and confidence to the property market in England and Wales. Find out more at www.gov.uk/land-registry.

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References

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2. mailto:[email address]
3. mailto:[Land Registry request email]
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5. https://twitter.com/LandRegGov
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Dear Petty, Roger,

Please clarity if the Land Registry are aware of any other rule within the Land Registration Rules that negates the following, especially the Bankruptcy introduction and procedure section in the Land Registration for the Twenty-First Century a Conveyancing Revolution that states there is a special provision for the effect of bankruptcy, and that the court MUST notify the Land Registry of all bankruptcy petitions and not just some, as received from the Law Commission and that it is a legal requirement for the court to notify the Chief Land Registrar at the Land Registry.

Chapter 50 of the Insolvency Manual October 2003 states that the Official Reciever also a court officer has access to all information maintained in the Land Register and not just some, so must also be aware if a bankrutpcy petition notice as a land charge has been registered in the register of pending actions.

Quote: ' When a petition in bankruptcy is filed against a debtor, the revelation court official must apply to register the petition as a land charge in the register of pending actions..... And the registrar must enter a notice of the pending action.'

Please can you also provide the relevant court official required to notify the Chief Land Registrar at the Land Registry department ?

Yours sincerely,

J. Ross

Petty, Roger, Land Registry

I am out of the office until 5 January 2017. I will contact you on my
return. Freedom of information requests should be sent to
[Land Registry request email]

Your land and property rights: guaranteed and protected. Since 1862 Land Registry has given assurance and confidence to the property market in England and Wales. Find out more at www.gov.uk/land-registry.

If you have received this email and it was not intended for you, please let us know, and then delete it. Please treat our communications in confidence, as you would expect us to treat yours. Land Registry checks all mail and attachments for known viruses, however, you are advised that you open any attachments at your own risk.

J. Ross left an annotation ()

Not only do we have secret closed courts operating without the consent of the individuals who are being made bankrupt unlawfully.(without any of the insolvency rules being complied with)

The Law Commission has provided the following information so why is this NOT happening in all cases ?

Quote: ' When a petition in bankruptcy is filed against a debtor, the revelation court official must apply to register the petition as a land charge in the register of pending actions..... And the registrar must enter a notice of the pending action.'

Is it because the assets for these "special cases" are being distributed amongst their "friends" ?

Petty, Roger, Land Registry

Dear J. Ross

 

Thank you for your email of 2 January 2017 requesting the relevant court
official required to notify the Chief Land Registrar at the Land Registry
department.

 

I confirm that it is the Court's responsibility to ensure that they meet
their requirements under the Insolvency Act. You should therefore refer
your request to the Court. 

 

Yours faithfully

 

 

Roger Petty
Corporate Information Officer

 

Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [1][Land Registry request email]

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

 

 

 

Your land and property rights: guaranteed and protected. Since 1862 Land Registry has given assurance and confidence to the property market in England and Wales. Find out more at www.gov.uk/land-registry.

If you have received this email and it was not intended for you, please let us know, and then delete it. Please treat our communications in confidence, as you would expect us to treat yours. Land Registry checks all mail and attachments for known viruses, however, you are advised that you open any attachments at your own risk.

References

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

Dear Land Registry,

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

I am writing to request an internal review of Land Registry's handling of my FOI request 'Land Registry - ' There is no legal requirement to notify the Land Registry on the issue of a bankruptcy petition or order ' ?'.

The Land Registry have previously given out false information and are failing to clarify why they have done so when your Land Registry Practice guide 34: personal insolvency Section 8. also states the following:
' When a bankruptcy petition is filed with the court, the court must apply in prescribed form 6.14 to the chief Land Registrar at the Land CHares Department for notice of the petition to be registered in the register of pending actions kept under section 5 of the Land Chargews Act 1972 rule 6.13 of the Insolvency Riles 1986 in the case of a creditor's petition.'

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

Yours faithfully,

J. Ross

J. Ross left an annotation ()

Land Registry Practice guide 34: personal insolvency Section 8.
' When a bankruptcy petition is filed with the court, the court must apply in prescribed form 6.14 to the chief Land Registrar at the Land CHares Department for notice of the petition to be registered in the register of pending actions kept under section 5 of the Land Chargews Act 1972 rule 6.13 of the Insolvency Riles 1986 in the case of a creditor's petition.'

Petty, Roger, Land Registry

1 Attachment

Dear J Ross

 

Please see enclosed letter in respect of your request for an internal
review.

 

Yours sincerely

 

 

Roger Petty
Corporate Information Officer

 

Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [1][Land Registry request email]

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

 

 

 

 

Your land and property rights: guaranteed and protected. Since 1862 Land Registry has given assurance and confidence to the property market in England and Wales. Find out more at www.gov.uk/land-registry.

If you have received this email and it was not intended for you, please let us know, and then delete it. Please treat our communications in confidence, as you would expect us to treat yours. Land Registry checks all mail and attachments for known viruses, however, you are advised that you open any attachments at your own risk.

References

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