Prescribed Insolvency Form 6.14 - Creditor's Petition must be sent to Chief Land Registrar

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,

Prescribed Insolvency Form 6.14 - Creditor's Petition must be sent to Chief Land Registrar

I understand that form 6.14 is no longer in use for Debtor's applications.

I would like to know under the FOIA if the prescribed Insolvency Form 6.14 is still in use to be sent along with a Creditor's Petition that must be sent to the Chief Land Registrar or if only a copy of the petition must be sent. Please see below:

Creditor's bankruptcy petition - procedure and hearing
September 1997

45.115 Notice of the petition

Once filed, the court will send a copy of the petition to the chief Land registrar with a request that it be registered in the register of pending actions. [Note 20. Insolvency Rules rule 6.13]

https://www.insolvencydirect.bis.gov.uk/...

Yours faithfully,

Deb Williams

Sondh, Gurmale, Land Registry

Dear Deb Williams,

Thank you for your email of 17 November 2016 requesting information as detailed in your email concerning "Prescribed Insolvency Form 6.14 - Creditor's Petition must be sent to Chief Land Registrar" under the Freedom of Information ACT 3000 (FOIA).

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.

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

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Petty, Roger, Land Registry

Dear Deb Williams

 

Thank you for your email of 17 November 2016 where you requested
information about the Prescribed Insolvency Form 6.14.

 

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.

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

Dear Petty, Roger,

Please point to where this information is contained within the practice guidelines you have provided.

Specifically where does it state that the Chief land Registrar who must receive a copy of the petition from the court but without a copy of the notice which is the prescribed insolvency form 6.14.

Yours sincerely,

Deb Williams

Petty, Roger, Land Registry

I am out of the office until 19 December 2016. I will contact you on my
return. Alternatively you can contact my colleague, Gurmale Sondh on
03000067053 or by email [email address]

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.

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 'Prescribed Insolvency Form 6.14 - Creditor's Petition must be sent to Chief Land Registrar'.

This FOI request is outstanding and clarification has not been provided after a month and needs to be passed to the ICO to make a decision.

Please confirm when The Land Registry will be providing a reply to my email of 16 December 2016 a and your reply on the same day stating you would be back in the office by 19 December .

' Please point to where this information is contained within the practice guidelines you have provided.
Specifically where does it state that the Chief Land Registrar who must receive a copy of the petition from the court but without a copy of the notice which is th prescribed insolvency form 6.14 '

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

Yours faithfully,

Deb Williams

Deb Williams left an annotation ()

No doubt this delay by The Land Registry is to buy them more time before this is passed to the ICO lets see if they take another month to comply with the internal review.

Sondh, Gurmale, Land Registry

Dear Deb Williams,

Thank you for your email of 27 January 2017 requesting an Internal Review of Land Registry’s handling of your FOI request "Prescribed Insolvency Form 6.14 - Creditor's Petition must be sent to Chief Land Registrar"

Your request will be referred to one of our lawyers in the team and will be answered within twenty working days following the date of receipt. 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,

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

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Sondh, Gurmale, Land Registry

Dear Deb Williams

Thank you for email dated 21 January.

Your request for a review has been passed to me for consideration and I have considered all the correspondence that has passed between us.

In your original email dated 17 November 2016 you asked:

I understand that form 6.14 is no longer in use for Debtor's applications.

I would like to know under the FOIA if the prescribed Insolvency Form 6.14 is still in use to be sent along with a Creditor's Petition that must be sent to the Chief Land Registrar or if only a copy of the petition must be sent.

Land Registry advised you in its reply dated 16 December 2016 that the information you requested was reasonably accessible by other means and we directed you to our Practice Guide 34 available on our website.

Section 8 of that Guide states:

When a bankruptcy application is made to the adjudicator or a bankruptcy petition is filed with the court, the adjudicator or the court must apply (in prescribed form 6.14 (or form 6.49 on/after 6 April 2016 in the case of a debtor’s application)) to the Chief Land Registrar at the Land Charges Department for notice of the application or petition to be registered in the register of pending actions kept under section 5 of the Land Charges Act 1972 (rule 6.13 of the Insolvency Rules 1986 (in the case of a creditor’s petition) and rule 6.40 of the Insolvency (Amendment) Rules 2016 (in the case of a debtor’s application)).

This answers your query as to whether form 6.14 is still in use.

By way of clarification to our response, the application to the Chief Land Registrar is for notice of the application or petition to be registered. The court sends Land Registry notification of the application for registration of petition. It does not have to lodge the petition itself with the completed form. The information on the form is sufficient for registration purposes.

On 16 December 2016 you asked:

Please point to where this information is contained within the practice guidelines you have provided.

Specifically where does it state that the Chief land Registrar who must receive a copy of the petition from the court but without a copy of the notice which is the prescribed insolvency form 6.14.

Please see my response above which sets out the relevant part of Practice Guide 34. It does not state that the Chief Land Registrar must receive a copy of the petition with the form. I have explained this above.

Your email of 21 January 2017 repeated your request of 16 December 2016.

I have set out the relevant part of the practice guide to which you were, in my view, properly referred in the initial response and I have also provided you with further clarification to assist you. This concludes my review of your correspondence.

If you are dissatisfied with this response, you should contact the Information Commissioner's office within two months of this reply for a decision. The Information Commission can be contacted at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. I attach a link to his website.

https://ico.org.uk/

Yours sincerely,

Andrea Barr
Corporate Legal and Assurance Services
Land Registry

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Dear Sondh, Gurmale,

Are the Land Registry stating that they do not have to follow the Insolvency Rules.

Please state why your response is contradictory to the government link previously provided to you.

If you are saying the insolvency rule has changed, please provide the date of the change.

Creditor's bankruptcy petition - procedure and hearing
September 1997

45.115 Notice of The petition

Once filed, the court will send a copy of the petition to the Chief Land Registrar with a request that it be registered in the register of pending actions.

Yours sincerely,

Deb Williams

Sondh, Gurmale, Land Registry

Dear Deb Williams

Thank you for your email dated 9 February. However your questions are not ones to which the FOIA applies. The FOIA dos not oblige Land Registry to provide explanations or justifications of its practices and procedures.

We have answered your FOIA request and carried out an internal review as requested. If you remain dissatisfied your recourse lies with the ICO as advised in our response.

Yours sincerely

Andrea Barr
Corporate Legal and Assurance Services

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From: Deb Williams [mailto:[FOI #372056 email]]
Sent: 09 February 2017 20:52
To: Sondh, Gurmale <[email address]>
Subject: RE: Internal review of Freedom of Information request - Prescribed Insolvency Form 6.14 - Creditor's Petition must be sent to Chief Land Registrar (our ref:-IR-F161139-23/1/2017-Williams)

Dear Sondh, Gurmale,

Are the Land Registry stating that they do not have to follow the Insolvency Rules.

Please state why your response is contradictory to the government link previously provided to you.

If you are saying the insolvency rule has changed, please provide the date of the change.

Creditor's bankruptcy petition - procedure and hearing September 1997

45.115 Notice of The petition

Once filed, the court will send a copy of the petition to the Chief Land Registrar with a request that it be registered in the register of pending actions.

Yours sincerely,

Deb Williams

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Dear Sondh, Gurmale,

The Land Registry have not complied with their duties below and have given instead conflicting misleading advice and are required to clarify why they can ignore the Insolvency Act 1986 and Insolvency Rules 1986.

As civil servants, Land Registry employees who are paid from the public purse to serve and provide a service, must do so whilst maintaining the Seven Nolan Principles of selflessness, integrity, objectivity, accountability, openness, honesty, leadership while in Public Office, which are also reflected in your duties under the Civil Service Code of Conduct that your department has a duty to make you aware of, including your responsibilities under this Code and its core values.

You MUST fulfil your duties and obligations responsibly

You MUST NOT misuse your official position, for example by using information acquired in the course of your official duties to further your private interests or those of others

You MUST be honest and set out the facts and relevant issues truthfully, and correct any errors as soon as possible

You MUST NOT deceive or knowingly mislead

You MUST provide information and advice, accurately and present the options and facts

You MUST NOT ignore inconvenient facts or relevant considerations when providing advice or making decisions

You MUST carry out your responsibilities in a way that is FAIR,JUST and EQUITABLE and reflects the Civil Service commitment to equality

You MUST NOT act in a way that unjustifiably favours or discriminates

Yours sincerely,

Deb Williams

Dear Sondh, Gurmale,

Does the Land Registry have anything further to add before this request is forwarded onto the ICO.

Yours sincerely,

Deb Williams

Diana Smith left an annotation ()

Hi Deb Williams,
only my opinion after climbing the many walls Land Registry put up, but it sounds like there are other issues marring them responding correctly.
Perhaps you should request to view their files in person.
I found numerous things by doing this. One was my stolen conveyance document that the police said no one else should have had.
Another was the red - herring of " Ireland Property / Land Law " for property / land in two Lincolnshire Villages by way of a marker / signpost to what was really happening.
There was two incidents of forms and fees not filed or paid for , simply because it formed part of a larger transaction that was on the back- burner ticking away until it could be actioned.
I wish you luck as l chased my information act request for years before l got the ruling of the ICO that the DPA had been breached.
Three weeks before Gurmale Sondh complied with the ICO directions to comply and provide the information l was validly requesting, they had given 50 acres of my already registered land away and had attempted to redact this information in the provided files. Also Gurmale Sondh offered Internal Review, which l lodged.
He never complied even though a High Court Judge sent through his clerk two communications to me to present the information once l had obtained it from the internal review , at the High Courts in London.
James Weston of the ICO promised l would have the information for this Judge and then disengaged with me.
Much later Gurmale Sondh wrote boasting he was never going to comply with my requesting an internal review.
This is the bad behaviour of the staff at Land Registry with the ICO very much in their pocket.

Jt Oakley left an annotation ()

I've had a very bad experience reporting the Land Registry to the ICO after, like Diana above, it put my personal information on the internet FOUR times.

.....Even though I asked the same person that Diana mentions as doing the same thing, to desist.

It also withheld information -while, when I complained, I was stated to be frivolous by the ICO for just fir asking for it.

Incredibly I was still 'frivolous' , and therefore vexatious, even AFTER the Land Registry eventually PROVIDED me with the requested information..the information it steadfastly and illegally withheld.

I just can't understand the ICO's logic on this.

:::

But be prepared for the ICO to support the Land Registry in breaching the FOIA by not supplying requested information and blaming you for it, as the Land Registry seems to escape condemnation from the ICO for the many complaints that you can read on WDTK.

The other thing is that you need to explain annotations are NOT sent to the Public Authority.

Because, seemingly, the ICO blamed me for others annotations from other people too - which are out of WDTK requesters control.

As to the tendency to uphold the LR , I can't make my mind as to whether the ICO either..

1. Just cannot follow the complexity of the LR responses

2. Or can't be bothered to investigate whether such documents ought to exist- and and just upholds whatever it says - to the detriment of the requester.

Good luck.

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