Lateness of applications from the court being registered
Dear Land Registry,
Under the FOI Act please provide a list of all pending insolvency / Bankrutpcy petition applications received from the courts ( please list all courts) that were filed with the courts but not recorded onto your system in excess of 14 days of the date listed on the petition.
Please also supply the same information regarding all courts relating to Bankrutpcy orders being received from the courts and register onto your system in excess of 14 days from the date on the court order.
Please provide the section of the law and insolvency rule that allows such a practice to occur.
Yours faithfully,
MR Sergeant
Dear MR Sergeant,
Thank you for your email dated 7 June 2016 requesting the following information:-
(1) a list of all pending insolvency / Bankrutpcy petition applications received from the courts ( please list all courts) that were filed with the courts but not recorded onto your system in excess of 14 days of the date listed on the petition.
(2) Please also supply the same information regarding all courts relating to Bankrutpcy orders being received from the courts and register onto your system in excess of 14 days from the date on the court order.
(3) Please provide the section of the law and insolvency rule that allows such a practice to occur.
Your request is being dealt with under the terms of the Freedom of Information Act 2000 and will be answered within twenty working days.
In some circumstances a fee may be payable and if that is the case, I will let you know. A fees notice will be issued to you, and you will be required to pay before we will proceed to deal with your request.
If you have any queries about this letter, please do not hesitate to contact me. Please remember to quote the reference number in any future communications.
Yours sincerely,
Senior Corporate Information Officer
Corporate Legal and Assurance Services
Land Registry Head Office, 4th Floor, Trafalgar House, 1 Bedford Park, Croydon, CR0 2AQ
GOV.UK | @LandRegGov | LinkedIn | Facebook
==================================================================================================================================
Dear MR Sergeant
Thank you for your email of 7 June 2016 where you requested a list of
all pending insolvency / Bankruptcy petition applications received from
the courts (all courts) that were filed with the courts but not recorded
onto our system in excess of 14 days of the date listed on the petition;
the same information regarding all courts relating to Bankruptcy orders
being received from the courts and register onto our system in excess of
14 days from the date on the court order; and the section of the law and
insolvency rule that allows such a practice to occur.
I am writing to advise you that following a search of our paper and
electronic records, I have established that Land Registry does not hold
all the information you requested.
Applications are normally made by the adjudicator (since 6 April 2016) or
by the court but a creditor can apply to the Land Charges Department
direct to register a bankruptcy petition or bankruptcy order.
I enclose a list of the relevant law that governs the entry of bankruptcy
entries onto the register.
Insolvency Act 1986, Part IX;
Enterprise Act 2002, ss.256-263 and Schedule 19;
[1]Enterprise and Regulatory Reform Act 2013, s. 71 and Schedules 18 and
19;
Insolvency Rules 1986;
S.27(5)(a) and S.86, Land Registration Act 2002; Rr.165 to 170, Land
Registration Rules 2003;
The Cross-Border Insolvency Regulations 2006.
Insolvent Partnerships Order 1994 (as amended)
[2]The Enterprise and Regulatory Reform Act 2013 (Consequential
Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment
Act 2015 (Consequential Amendments) Regulations 2016.
[3]The Insolvency (Amendment) Rules 2016.
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: [4][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 [5][Land Registry request email]
[6]GOV.UK | [7]@LandRegGov | [8]LinkedIn | [9]Facebook
Our email addresses have changed, the new format is [email address] which replaces [email address]
Land Registry is the definitive source of information for more than 24 million property titles in England and Wales. Since 1862 we have provided security and confidence in one of the most active property and mortgage markets in the world. We are working to support economic growth and data transparency as part of the Public Data Group. Find out more at www.gov.uk/land-registry
If you have received this e-mail 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. http://www.legislation.gov.uk/ukpga/2013...
2. http://www.legislation.gov.uk/ukdsi/2016...
3. http://www.legislation.gov.uk/uksi/2016/...
4. mailto:[email address]
5. mailto:[Land Registry request email]
6. https://www.gov.uk/government/organisati...
7. https://twitter.com/LandRegGov
8. http://www.linkedin.com/company/land-reg...
9. http://www.facebook.com/pages/Land-Regis...
Dear Petty, Roger,
Thank you, but I should have made it clear that I am only interested in bankturpcy petitions received from the courts and bankruptcy orders , not from the Adjudicator for self bankrutpcy applications.
Is it normal practice for the Land Regisrty to receive and record these in excess of 14 days ?
Please provide the figures from all courts.
And please point to the section in the insolvency rules and law that allows this practice to occur.
Yours sincerely,
MR Sergeant
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 'Lateness of applications from the court being registered'.
The Land Registry must hold recorded procedures and figures that allow them to process information in excess of 14 days or this would be unlawful.
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,
MR Sergeant
Dear MR Sergeant
Thank you for your email of 17 June 2016 to requesting an Internal
Review of Land Registry’s decision to refuse your request for information
on the 'Lateness of applications from the court being registered'.
Your request will be referred to one of our lawyers in the team and will
be answered within twenty working days. If it appears that it will take
longer than this to reach a conclusion, we will keep you informed.
If you have any queries about this letter, please do not hesitate to
contact me.
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
Our email addresses have changed, the new format is [email address] which replaces [email address]
Land Registry is the definitive source of information for more than 24 million property titles in England and Wales. Since 1862 we have provided security and confidence in one of the most active property and mortgage markets in the world. We are working to support economic growth and data transparency as part of the Public Data Group. Find out more at www.gov.uk/land-registry
If you have received this e-mail 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 MR Sergeant
Thank you for your email of 15 June 2016.
You have since lodged a request for an internal review of your original request which will cover your question of 'lateness'.
We are not in a position to sign post you to specific areas of legislation.
Yours sincerely
Roger Petty
Corporate Information Officer
Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [Land Registry request email]
GOV.UK | @LandRegGov | LinkedIn | Facebook
Dear MR Sergeant
I enclose the response by one of our lawyers to 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
Our email addresses have changed, the new format is [email address] which replaces [email address]
Land Registry is the definitive source of information for more than 24 million property titles in England and Wales. Since 1862 we have provided security and confidence in one of the most active property and mortgage markets in the world. We are working to support economic growth and data transparency as part of the Public Data Group. Find out more at www.gov.uk/land-registry
If you have received this e-mail 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 Petty, Roger,
Are you saying that none have been recorded onto your system in excess of 14 days ?
Yours sincerely,
MR Sergeant
Dear MR Sergeant
Thank you for your email.
I confirm that Land Registry has no record of the information requested and is therefore unable to respond to the query raised.
Yours sincerely
Roger Petty
Corporate Information Officer
Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [Land Registry request email]
GOV.UK | @LandRegGov | LinkedIn | Facebook
Dear Petty, Roger,
Please stop. being evasive.
Do you have no record of the information because none are recorded onto your system in excess of 14 days ?
Yours sincerely,
MR Sergeant
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