Use of excessive force for domestic not commercial property High Court Chancery Division Writ of Possession - bankruptcy

Deb Williams made this Rhyddid Gwybodaeth request to Government Legal Department

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai Government Legal Department fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Government Legal Department,

Please confirm and provide the section of the law that allows a Writ of Possession to use force or excessive force when issued by the High Court Chancery Division insolvency/ bankruptcy section against wholly domestic property.

Please provide all info your department holds along with a list of possession warrants or writs that allow force to be used.

Please also confirm if the police are allowed to assist enforcement/ bailiffs to break and enter domestic property to arrest natural persons so the police can enforce an alleged bench warrant, or in other words assist each other for their own gains.

Are all enforcement agents/ officers required to give their name and provide a card with their name and company so they can be checked, are the police supposed to check their ID against the registers when it is pointed out to them that they are either not registered or are giving false information.

What actions are the government taking to ensure that the public are kept safe from unauthorised thuggery by unlicensed thugs or those giving fake names that are being protected by the police instead of arrested by them for unlawful breaking & entering and theft of property as well as assault and battery etc that amounts to torture and undermines the principle of justice.

Yours faithfully,

Deb Williams

FOI, Government Legal Department

Dear Ms Williams,

Thank you for your e-mail. The Government Legal Department (GLD) will not be able to answer your questions under the Freedom of Information Act (FOIA) as you are asking for advice and opinion and not for recorded information.

It may be helpful if I explain that the Freedom of Information Act (FOIA) (2000) 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 GLD. In order for a request for information to be handled as a FOIA request, it must be for recorded information. I have also provided the web address to the ICO below, you can furnish yourself further with information in regards to the FOIA.

https://ico.org.uk/for-organisations/gui...

The GLD does not provide legal advice to members of the public. You may wish to obtain independent legal advice by contacting a qualified solicitor to advise you on how your issue might best be addressed. You can find details of approved solicitors at http://www.sra.org.uk/consumers/using-so...

Alternatively you may wish to contact your local citizen’s advice https://www.citizensadvice.org.uk/ who may be able to help you.

Your sincerely,

Paul Woods
DPO, DRO FOI/DPA co-ordinator, Head of Library Services
Operations, Government Legal Department

One Kemble Street, London WC2B 4TS
Telephone: +44 (0)20 7210 3045
[Government Legal Department request email]

dangos adrannau a ddyfynnir

Dear FOI,

I am not asking for advice or opinion only for recorded information that a Government Legal Department would be expected to hold by a reasonable person.

Yours sincerely,

Deb Williams

Dear FOI,

It was confirmed on the 14 February that No advice or opinion is being requested and only information a reasonable person would expect the Government Legal Department to hold. Especially when a review is being carried out into the unlawful actions of enforcement agents and the police failing to up hold the law by arresting them for their criminal actions.

Yours sincerely,

Deb Williams

Dear FOI,

Why are the Government Legal Department ignoring this request under the FOIA when you will be aware of the violent crimes being carried out by (bailiffs) now called enforcement officers and the unlawful evictions that have been allowed to take place because the police forces include KENT POLICE are not doing their jobs properly and arresting the enforcement agents for the crimes they have committed or their police officers who also have no lawful authority to act outside of their remit.

Why are police attending to assist enforcement officers for an alledged civil offence that is not a crinimal offence and the only crimes that are being committed are by the joint bailiffs/ police attacking people in their homes ( land) that the government were supposedly put in place to protect.

Police are paid from a levy from council tax and are also working for the state/ local authority bailiffs to enforce evictions for the council and the courts and their agents, which can not be right and you must have safeguards in place to prevent these atrocities being carried by public servants that are paid to provide a service not abuse their positions.

Are you also aware that there is a review being carried out into enforcement agents / bailiffs?

Yours sincerely,

Deb Williams

Dear Government Legal Department,

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

I am writing to request an internal review of Government Legal Department's handling of my FOI request 'Use of excessive force for domestic not commercial property High Court Chancery Division Writ of Possession - bankruptcy.

I do believe that the Government Legal Department and HMCTS /MOJ is hoping to conceal fraud being committed or allowed to be committed within the Chancery Division RCJ ICC by refusing to ensure that the Authorised High Court Enforcement Officer is named on any Writ of Execution for possession of a family home. And is well aware that excessive force can not and must not be used against domestic homes/ land.

And that all Certifcated Enforcement ( Bailiff) Agents must identify themselves and the name of the company they are authorised to work for otherwise it is their intention to illegally obtain entry dishonestly and to cause a loss and make a gain for the trustees/ others by false representation and by failing to disclose information and abusing their position.

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

Yours faithfully,

Deb Williams

FOI, Government Legal Department

2 Atodiad

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Dear Ms Williams

 

Thank you for your e-mail. Further to my reply of 6 February 2019  to your
FOI request of 4 February 2019.  I wish to clarify that response with some
additional information in bold typeface.

 

Please accept my apologies for the delay in responding to you. Can I
reiterate that the Government Legal Service has no authority in law,
control or responsibility for the conduct of bailiffs.

 

“Dear Government Legal Department,

 

Please confirm and provide the section of the law that allows a Writ of
Possession to use force or excessive force when issued by the High Court
Chancery Division insolvency/ bankruptcy section against wholly domestic
property. All legislation currently in force can be found at
[1]http://www.legislation.gov.uk/

 

 

Please provide all info your department holds along with a list of
possession warrants or writs that allow force to be used. The Government
Legal Department (GLD) holds the attached information on writs of
possession. The GLD does not hold any other information on this matter.

 

Please also confirm if the police are allowed to assist enforcement/
bailiffs to break and enter domestic property to arrest natural persons so
the police can enforce an alleged bench warrant, or in other words assist
each other for their own gains. The Government Legal Department holds no
information on this matter. The Civil Procedure Practice Directions (CPR
70-74) may assist you
[2]https://www.justice.gov.uk/courts/proced...

 

 

Are all enforcement agents/ officers required to give their name and
provide a card with their name and company so they can be checked, are the
police supposed to check their ID against the registers when it is pointed
out to them that they are either not registered or are giving false
information. The Government Legal Department holds no information on this
matter. The Civil Procedure Practice Directions (CPR 70-74) may assist you
[3]https://www.justice.gov.uk/courts/proced...

 

What actions are the government taking to ensure that the public are kept
safe from unauthorised thuggery by unlicensed thugs or those giving fake
names that are being protected by the police instead of arrested by them
for unlawful breaking & entering and theft of property as well as assault
and battery etc that amounts to torture and undermines the principle of
justice”. The Government Legal Department holds no information on this
matter The Civil Procedure Practice Directions (CPR 70-74) may assist you.
[4]https://www.justice.gov.uk/courts/proced...

 

 

If you are unhappy with the level of service you have received in relation
to your request you may ask for an internal review within two months of
the receipt of this response. If you wish to do this you should contact me
at the above address. It will help ensure that your complaint is properly
considered if when requesting an internal review you also set out the
reasons why you are unhappy with the service you have received.

 

If you are not content with the outcome of an internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

If you have any queries about this e-mail, please contact me.

 

Yours Sincerely 

 

Paul Woods

DPO, DRO FOI/DPA co-ordinator, Head of Library Services

Operations, Government Legal Department

 

One Kemble Street, London WC2B 4TS

Telephone: +44 (0)20 7210 3045

[Government Legal Department request email]

 

 

dangos adrannau a ddyfynnir

Dear FOI,

Thank you for the information 'Brief Guide to the recovery of monies due under a court order or judgement' that still refers to an 'affidavit of service' do you have a direct link to this information, because although it covers some aspects it does not appear to cover obtaining a High Court Writ of Possession that allows force or excessive force to be used against wholly domestic property or against natural persons.

It also does not contain why enforcement agents/ officers are exempt from giving their name and providing a card with their name and company and producing a bailiff certificate so that checks can be made.

Neither does it show where police are allowed to assist enforcement/ bailiffs to break and enter domestic property so that the police can arrest natural persons who are not trespassers and without showing a warrant after the property has been stolen by unidentified enforcement agents/ thugs refusing to show a High Court Writ of Possession.

The Criminal Attempts Act 1981 makes very interesting reading .

Yours sincerely,

Deb Williams

Gadawodd Deb Williams anodiad ()

Criminal Attempts Act 1981

FOI, Government Legal Department

Dear Ms Williams,

 

Thank you for your email. A link to the Affidavit of Service can be found
here
[1]https://www.gov.uk/government/publicatio...

 

The Government Legal Service has no authority in law, control or
responsibility for the conduct of bailiffs. I would advise that you direct
your enquiries for any further information to HM Courts and Tribunals
Service
[2]https://www.gov.uk/government/organisati...

 

Yours sincerely

 

Paul Woods

DPO, DRO FOI/DPA co-ordinator, Head of Library Services

Operations, Government Legal Department

 

One Kemble Street, London WC2B 4TS

Telephone: +44 (0)20 7210 3045

[3][Government Legal Department request email]

 

 

 

dangos adrannau a ddyfynnir

Dear FOI,

Thank you for the link. I am actually asking for the link to the article 'Brief Guide to the recovery of monies.....'

Yours sincerely,

Deb Williams

Gadawodd Deb Williams anodiad ()

MOJ Regulation of Enforcement Agents Response to Consultation 18 March 2008

PROTECTION OF TITLE

Only those people that meet the requirements agreed by the Council would be able to call themselves a Registered Bailiff or a Registered Enforcement Agent and use the procedure in Schedule 12. The title and activity would thus be protected and those found to be acting outside a Code of Conduct ( to be a requirement for all registrants), could and would be removed from the register.

Anyone not 'qualified' to act in this way would be committing a CRIMINAL OFFENCE.

Thus the public would be protected from the unscrupulous practitioner and practitioners would be able to demonstrate accountability and good conduct.???

Gadawodd Deb Williams anodiad ()

Rogue bailiffs and police who do not know or uphold the law and are acting lawlessly outside of their remit and office are to be treated as intruders !

CPS Self-Defence and the Prevention of Crime

Section 76 of the Criminal Justice and Immigration Act 2008

The law on self defence arises both under the common law defence of self-defence and the defences provided by section 3(1) of the Criminal Law Act 1967 (use of force in the prevention of crime or making arrest). It has recently been clarified by section 76 of the Criminal Justice and Immigration Act 2008.

Subsection (5A) allows householders to use disproportionate force when defending themselves against intruders into the home.

In deciding whether the force might be regarded as 'disproportionate' or 'grossly disproportionate' the court will need to consider the individual facts in each case, including the personal circumstances of the householder and the threat (real or perceived) posed by the offender.

https://www.cps.gov.uk/legal-guidance/se...