Perjury and Fraud
Dear Land Registry,
I make this request under the Freedom of Information Act 2000.
Can you please provide me with an overview of the policy and actions of the Land Registry in the following scenarios?
1) What date did Land Registry First make a referral to HM Adjudicator in relation to Land Registry Reference 170114-000049?
2) What date did Land Registry first become aware of the requirement to refer Land Registry Reference 170114-000049 to HM Adjudicator?
3) What does the Land Registry do if it becomes aware of an applicant for a restriction on a property committing an alleged offence under Section 5 of the Perjury Act which forbids any person from making a false statutory declaration?
4) Does the Land Registry investigate these matters as outlined at 3) or does the Registry refer such alleged offences to the police?
5) At what point did Land Registry Refer Land Registry Reference 170114-000049 to the police?
6) What Land Registry procedure or method is used to assess a situation where an applicant for a restriction wilfully misrepresenting the facts in a statutory declaration as presented formally to the HM Adjudicator or Land Registry?
7/ What is the policy of the Land Registry in the case of an applicant for a restriction wilfully misrepresenting the facts in a statutory declaration as presented formally to the HM Adjudicator for the Land Registry?
8/ Does the Land Registry take any action in relation to a wilful attempt by an applicant to wilfully misrepresent the facts to the HM Adjudicator?
9/ Please provide an overview of the procedures or policy at the Land Registry in relation to the perjury act or the fraud act when prima facie evidence is available that an applicant has wilfully attempted to deceive the Adjudicator by misrepresentation contrary to these two acts?
10) What method / procedure at point 6 was used in reference to weighing the Land Registry Matter 170114-000049?
If this request requires any clarification please feel free to ask.
Yours faithfully,
CEO Mr Newbold
Dear Mr Newbold
Thank you for your email of 11 April 2017 requesting information about
policy and actions in respect of referral to HM Adjudicator and the
Perjury Act.
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
Roger Petty
Departmental Records Officer
Corporate Legal and Assurance Services
Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [1][email address]
[2]GOV.UK | [3]@LandRegGov | [4]LinkedIn | [5]Facebook
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Mr Petty, Roger,
Departmental Records Officer
Corporate Legal and Assurance Services
Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Dear Sir
Thank you for your brief response in regard to my request for information dated 11th April 2017. I am still awaiting my information which is urgent as the matters being requested will be determined by a planning decision which is due to make determination on this matter in my council just after the 5th May 2017. The lack of this information may complicate this issue further. I look forward to your response. Should you require further assistance please contact Mr. Pugh in regard to my last communication to him or myself.
Yours faithfully,
CEO Mr Newbold
Mr Petty, Roger,
Departmental Records Officer
Corporate Legal and Assurance Services
Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Date 23rd April 2017
Dear Sir
Thank you for your brief response in regard to my request for information dated 12th April 2017. I am still awaiting my information which is urgent as the matters being requested will be determined by a planning decision which is due to make determination on this matter in my council just after the 5th May 2017. The lack of this information may complicate this issue further. I look forward to your response. Should you require further assistance please contact Mr. Pugh in regard to my last communication to him or myself.
I do not seem to have had a further communication from your office. You should understand this matter involves a contract in Law and therefore is of a more serious nature. It is seems clear to me that informtion has been witheld from Land Registry Govermnent First Registration Document.
I ask you to note the following information on a public system: http://publicaccess.hastings.gov.uk/onli...
Located here:
"publicaccess.hastings.gov.uk/online-applications/files/D45F7E693CAF64F7106FDA198B729AD8/pdf/HS_FA_01_00514-S106_AGREEMENT-187084.pdf"
I hope you can see that if this matter goes further it will complicate the issue. It has been brought to my attention that this land area is subject to a 1000 year lease and has been sold as Freehold being registered as that by the applicant on form.
I look forward to your response and the details as I have requested.
Yours faithfully,
CEO Mr Newbold
Mr. Petty, Roger,
Departmental Records Officer
Corporate Legal and Assurance Services
Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Date 23rd April 2017
Dear Sir,
I do not seem to have received a reply from you or Mr. Pugh in relation to this matter and my Special Delivery letter SF428364103GB of 11th April 2017. Can you explain why this matter marked as urgent has not received a satisfactory response within a reasonable timeline for a matter marked as urgent?
I informed you that this land was subject to a legal covenant for 1000 years in my recent telephone communications and letters which were not shown in this first registration of this land and has not been detailed in the large volume of documents which have been sent to me by post. Can you explain why the register on this 32 acres seems to have an applicants details removed from it?
I have asked twice for this matter to go to adjudication and who is the objector in this matter to this title being rescinded? This information is not being provided! This matter is further compounded by planning process granting rights to land use which will conclude soon. This matter is not being halted and I cannot see any attempt which is reasonable that you are resolving this matter. Can you explain why this is the case and that it is not being dealt with? or provide evidence that it is moving forward?
Yours sincerely,
CEO Mr Newbold
Dear Mr Newbold
The matter is being dealt with by Mr Pugh. I will forward your email to him to action.
Yours sincerely
Roger Petty
Departmental Records Officer
Corporate Legal and Assurance Services
Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [email address]
GOV.UK | @LandRegGov | LinkedIn | Facebook
CEO Mr Newbold (Account suspended) left an annotation ()
Yes. Dianna this matter refers to Applicants first registration with Land Registry.
Diana Smith left an annotation ()
Dear CEO Mr Newbold,
I have been there and had the t-shirt.
To cut to the final page of the epic saga , a document that technically and legally is mine ( with even a lien on the file it was taken from), was passed to FIVE PARTIES seeking to make a " totally paperless claim" to land for inclusion in a first application by my immediate neighbour ( who worked in the local planning office).
This neighbour was the spy for the other four parties and in a far larger transaction for a further fifty acres.
Kingston upon Hull Land Registry with Land Registry's Corporate Lawyer ( Mike Westcott- Rudd) and aided by Ruth Wyatt ( Director of Legal and Governance at Legal Services Commission ) & Angus Andrew ( Deputy Adjudicator at The Adjudicator to HM Land Register ) her live in partner , stole my conveyance document.
The consensus of opinion is that this document ( being my own conveyance document ) is that NO-ONE HAD THE RIGHT TO HAVE THIS DOCUMENT EXCEPT ME.
As an educated guess l would say you are being stitched up.
You need to visit and have sight of the file at Land Registry.
This is possible by quoting " the supply of goods and service act " and stating under that act that the levels of service offered to you has fallen well below the quality of service you expect.
I would love to accompany you for such a visit?
Diana Smith
CEO Mr Newbold (Account suspended) left an annotation ()
Dear Diana Smith,
I am afraid you have at a disadvantage as I am unsure exactly who you are. I am sorry to hear of your concerns.
CEO Mr Newbold (Account suspended) left an annotation ()
Hmm for some reason my response and annotation does not appear to be on this system correctly I resend it here:
Dear Diana Smith,
I am afraid you have me at a disadvantage as I am unsure exactly who you are. I am sorry to hear of your concerns.
Dear Mr Newbold
Thank you for your email of 11 April 2017 where you requested
information about policy and actions in respect of referral to HM
Adjudicator and the Perjury Act.
I enclose the response by Mr Pugh (in red) to your questions:
1) What date did Land Registry First make a referral to HM Adjudicator in
relation to Land Registry Reference 170114-000049?
The matter has not been referred to the HM Adjudicator. It is not clear
what Mr Newbold means when he is referring to the HM Adjudicator. If he is
referring to the ICR, he is aware of our internal complaints procedure and
should be re-referred to the same. If he is referring to the Property
Chamber, First Tier Tribunal, as there is no dispute pending at Land
Registry there appear to be no grounds to refer the same to the Tribunal.
Complaints procedure – please see
[1]https://www.gov.uk/government/organisati...
2) What date did Land Registry first become aware of the requirement to
refer Land Registry Reference 170114-000049 to HM Adjudicator?
At this point in time there is no basis upon which to make such a
referral.
3) What does the Land Registry do if it becomes aware of an applicant for
a restriction on a property committing an alleged offence under Section 5
of the Perjury Act which forbids any person from making a false statutory
declaration?
The registrar currently has very limited express powers of investigation,
and none specifically in relation to fraud. There is implicit in the
registrar’s statutory duty to maintain the register under [2]s.1(1), LRA
2002 a duty to take reasonable steps to protect its integrity, by taking
such steps as he can to ensure a fraudulent transfer or other disposition
is not registered.
The registrar has the following implied powers of investigation provided
the activity is in connection with defined/established functions of the
registrar:
· to investigate the circumstances of a particular transaction relating to
an application to the registrar;
· to investigate the circumstances of a transaction which might be
fraudulent to protect HM Land Registry from fraud, prevent payment of
indemnity or maintain the integrity of the register;
· to investigate the circumstances of a particular transaction which may
be offences under s.123 and s.124, LRA 2002 in order to be able to report
the matter to the police;
4) Does the Land Registry investigate these matters as outlined at 3) or
does the Registry refer such alleged offences to the police?
In practice, Land Registry’s investigations are limited to those required
to protect the integrity of the register. We actively encourage private
individuals to report alleged criminal conduct to the police, so that they
may investigate these allegations. We expect applicants to report alleged
criminal conduct to the police and ask them to provide us with the
relevant crime number and the name and telephone number of the officer
dealing with the case. We can then contact them directly when appropriate.
In limited circumstances Land Registry may refer alleged criminal conduct
to the police directly. However, we would require evidence of such alleged
conduct and specific allegation(s) to have been made by an applicant
before doing so. Our referral will request that the police make contact
with the applicant directly to take details of the alleged criminal
conduct, and we will then contact the police directly when appropriate
should they commence an investigation themselves.
5) At what point did Land Registry Refer Land Registry Reference
170114-000049 to the police?
Land Registry has not referred the matter to the police.
6) What Land Registry procedure or method is used to assess a situation
where an applicant for a restriction wilfully misrepresenting the facts in
a statutory declaration as presented formally to the HM Adjudicator or
Land Registry?
Mr Newbold refers to “… an applicant for a restriction …”. I can therefore
do no more than refer him to the footnote headed “Warning” on the final
page of Land Registry Form RX1. He should be duly advised that this caveat
is incorporated on all forms referred to in Schedule 1, Land Registration
Rules 2003.
7/ What is the policy of the Land Registry in the case of an applicant for
a restriction wilfully misrepresenting the facts in a statutory
declaration as presented formally to the HM Adjudicator for the Land
Registry?
See 3 and 4 above. It falls to the registrar to protect the integrity of
the register and to take such steps, as in his opinion, he considers
necessary to maintain the same. Where an application is not in order, the
registrar is invested with the power to reject the same if he considers it
to be substantially defective, (see r.16, Land Registration Rules 2003).
8/ Does the Land Registry take any action in relation to a wilful attempt
by an applicant to wilfully misrepresent the facts to the HM Adjudicator?
See 7 above. It is open to a third party to make application to amend the
register if they believe that a mistake has been made in the registration
process. Any action taken by Land Registry will be dependent upon the
evidence as laid before the registrar.
9/ Please provide an overview of the procedures or policy at the Land
Registry in relation to the perjury act or the fraud act when prima facie
evidence is available that an applicant has wilfully attempted to deceive
the Adjudicator by misrepresentation contrary to these two acts?
Please see 3 and 7 above with regard to the limitations imposed upon the
registrar with regard to his investigative powers. With regard to the
integrity of any evidence put forward in support of an application,
ultimately this will be a matter for the courts to decide.
10) What method / procedure at point 6 was used in reference to weighing
the Land Registry Matter 170114-000049?
Mr Newbold has yet to make an application to amend a register(s) of title
supported by substantive evidence of the fact that Land Registry is in
error. He has been advised to report his concerns to the police.
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: [3][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
three 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
Departmental Records Officer
Corporate Legal and Assurance Services
Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [4][email address]
[5]GOV.UK | [6]@LandRegGov | [7]LinkedIn | [8]Facebook
Your land and property rights: guaranteed and protected. HM Land Registry has given assurance and confidence to the property market in England and Wales since 1862. 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.
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Dear Petty, Roger,
Thank you for your reply on this matter I reply in able to obtain some clarity in your response.
I note at point one Mr. Pugh refers to the ICR. In regard to my correspondence in regard to the HM Adjudicator. I have googled this and located an organization Institute of Cancer Research. I am quite sure this is not what he means can you please explain?
At point two I am quite appalled that Mr. Pugh feels there is no need of adjudication in this criminally serious matter. The very fact that he has not yet responded to my letters infers that he is not aware of these issues which confront him.
Do I infer from this that he is happy for a repeat performance and involvement with the secretary of state to occur again through the integrity of the register not being maintained under [2]s.1(1), LRA 2002. I am quite sure that Land Registry is aware of the fifty-six houses and their issues on adjoining land with this strong covenant. I cannot therefore understand why I am being sent wrong irrelevant information by a senior officer of Land Registry.
I note at three you state in regard to "What does the Land Registry do if it becomes aware of an applicant for a restriction on a property committing an alleged offence under Section 5 of the Perjury Act which forbids any person from making a false statutory declaration?" that :
" There is implicit in the registrar’s statutory duty to maintain the register under [2]s.1(1), LRA 2002 a duty to take reasonable steps to protect its integrity, by taking such steps as he can to ensure a fraudulent transfer or other disposition is not registered.
The registrar has the following implied powers of investigation provided the activity is in connection with defined/established functions of the registrar:
• to investigate the circumstances of a particular transaction relating to an application to the registrar;
• to investigate the circumstances of a transaction which might be fraudulent to protect HM Land Registry from fraud, prevent payment of indemnity or maintain the integrity of the register;
• to investigate the circumstances of a particular transaction which may be offences under s.123 and s.124, LRA 2002 in order to be able to report the matter to the police;"
It would appear to me that Land Registry appear to be doing nothing in regard to point 3 and alleged offences under s.123 and s.124, LRA 2002 in this matter. I refer you to my communication and request this morning at 28th April 2017 here: https://www.whatdotheyknow.com/request/p... as I believe some explanation is required.
You should note that my own investigation is being hampered by irrelevant information being provided by Land Registry. This matter has been reported to the police.
Yours sincerely,
CEO Mr. Newbold
Christopher Barrs left an annotation ()
CEO Geoffrey Newbould. In my experience, Land Registry do not investigate perjury and refuse to refer the matter to the police. I can prove that the respondent in our case committed perjury and the LR will do nothing. The main reason for this is because both the LR and the respondent also suppressed information. The land registry "fraud hotline" is also useless and they will not investigate anything, be warned, the LR think they are above the law.
CEO Mr Newbold (Account suspended) left an annotation ()
Dear Mr.Christopher Barrs
I am very disappointed to hear this as am hoping for a reply on Thursday from Land Registry and Mr. Day who has promised this in a telephone call to me that he will provide me the deeds and plans which are the nature of my requests. I hope they are not above the law otherwise the press might be informed of all of this and start another BBC investigation of the back of it.
All I can suggest is be persistent.
CEO Mr. Newbold.
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Diana Smith left an annotation ()
Dear CEO Mr Newbold,
am l to understand you are relying on the basis of the registration process and it being a government scheme that requires us in the UK to register property / land, that government are being usurped by Land Registry ?
Diana Smith