Winding Up and details of administrator

Scottish Courts and Tribunals Service did not have the information requested.

Dear Scottish Court Service,

With Profits Funds (that consisted largely of endowment assurance policies) were "wound up" contrary to research undertaken by the Eu Commission.

Mutual investment societies operating beyond local needs that operated "with profits funds" were required by an EU Regulation of 2001 (a mandatory requirement contrary to the provisions of the relevant Eu treaties) to become a share company. Many of these mutual investment societies based in Scotland were Charter Companies, created by an Act of Parliament. As such the "winding up" order should be on file at Companies House. Companies House (London & Edinburgh) cannot seem to locate the "winding up" order for Standard Life Assurance Company.

As a British citizen that chose to work albeit overseas (1990) I have little knowledge of what happened when in the UK so to speak re the re-structuring of mutual investment societies. Indeed Standard Life surprisingly changed its incorporating Act of Parliament as early as 1991. What I cannot possibly determine as a person absent for work is when the company acquired a "winding up" order by the court. As Standard Life is incorporated currently in Scotland (subject to change in the near future perhaps) it may have progressed such matters through the Scottish Courts.

What I do know is

Standard Life policyholders voted against demutualisation in 2000
Mr Ledlie who produced the internal audit documentation was at the company 2003 2006 (and like many of the rats in question has left the sinking ship)
The Calculation Manual re free member entitlement shares was put before the courts April 2006

Standard Life with a large window of opportunity to re-structure the company, that being any time from the change to its Act of incorporation 1991 to its actual listing on the London Stock Exchange July 2006 must have received a "winding up" order in that period. It would be more than likely in the period 2004-2006.

Can the Scottish court system provide a copy of said "winding up" order or indeed provide the details of what accountants (professionals) were appointed as administrators / receivers if any.

The civil service is under a legal obligation re section5(5) of the Constitutional Reform & Governance Act to act with

honesty (must set out the facts)

objectivity (must provide the facts and not ignore inconvenient facts)

impartiality (act in any way that unjustifiably favours or discriminates against particular individuals or interests)

integrity (must uphold the administration of justice and must not use information acquired in the course of their official duties to further personal interest or the private interest of others)

The civil service must surely be aware of the enormous debt imposed on those with endowment mortgages and the many instances of home re-possession. Given the afore-mentioned it is imperative that the inconvenient facts re "conflict of interest" and insolvency not be ignored and the facts provided to ensure the administration of justice.

Yours faithfully,

S Gibb

Foi, Scottish Courts and Tribunals Service

I am writing to acknowledge receipt of your e-mail. Your e-mail is receiving attention and we aim to provide you with a response within the statutory timescale for reply. This is 20 working days for requests submitted under the Freedom of Information (Scotland) Act 2002 and 40 calendar days for subject access requests submitted under the Data Protection Act 1998.

FOI Enquiries
Scottish Court Service

E-MAIL DISCLAIMER

This e-mail, and any files transmitted with it, are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify [email address]. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the Scottish Court Service (SCS). Finally, the recipients should check this e-mail and any attachments for the presence of viruses. The SCS accepts no liability for any damage caused by any virus transmitted by this e-mail.

www.scotcourts.gov.uk

Dear Foi,

By law a response to my FOI request - winding up and details of administrator - should have been supplied by 25 June 2014.

Please provide a response here, the matter is of immense significance to my well-being.

Yours sincerely,

S Gibb

Foi, Scottish Courts and Tribunals Service

I am writing to acknowledge receipt of your e-mail. Your e-mail is receiving attention and we aim to provide you with a response within the statutory timescale for reply. This is 20 working days for requests submitted under the Freedom of Information (Scotland) Act 2002 and 40 calendar days for subject access requests submitted under the Data Protection Act 1998.

FOI Enquiries
Scottish Court Service

E-MAIL DISCLAIMER

This e-mail, and any files transmitted with it, are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify [email address]. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the Scottish Court Service (SCS). Finally, the recipients should check this e-mail and any attachments for the presence of viruses. The SCS accepts no liability for any damage caused by any virus transmitted by this e-mail.

www.scotcourts.gov.uk

Foi, Scottish Courts and Tribunals Service

1 Attachment

Dear S Gibb,
Please see the attached response to your recent request for information with my apologies for the delay.

Yours sincerely

Ella Ritchie
EO – Correspondence Officer
www.scotcourts.gov.uk

show quoted sections

Dear Foi,

Thank you for your response. Clearly it has taken some time to peruse the fine details of the Data Protection Act to come up with "miscellaneous exceptions" (schedule 7).

The information requested does not "affect the price" of anything in the UK financial services industry / company in question. Or if it does perhaps you can clarify here.

On looking into the relevant Eu law listed (2004/39/Eu) perhaps the Scottish Courts could clarify precisely how my request falls within Annex 1 section C (points 1 - 9 ) which are irrelevant and or Annex ii (1) a - g.

The civil service has a legal duty as per section 5(5) of the Constitutional Reform & Governance Act 2010 to act with honesty, integrity, impartiality and objectivity. Where a person suspects HM courts of acting less than impartially the information such as a potential conflict of interest re an insolvency practitioner should be provided / disclosed in an effort to prevent dishonesty, one of the key aspects of property fraud.

The company in question has already pointed out that the Judge appointed to the claim filed by myself has a "conflict of interest" as they have shares and policies with the company. As a consequence of being made bankrupt (wrongfully) to stop all of my claims re real property / equitable remedy the Secretary of State has already agreed to there being a "conflict of interest" with the Crown. What I am trying to establish is a "conflict of interest" with the private trustee appointed to review my estate / property. Already we have 2 out of 3. Strike 3 and they are "out" so to speak.

The intervention (unlawful interference) of the Crown and its officials in real property is a breach of the Eu Convention of Human Rights article 8. HM Courts cannot "ignore the inconvenient facts here" nor can it ignore the legal requirement that as a company incorporated by statute a copy of the "winding up" order must be lodged at Company House. Company House maintains it does not have this document.

Surely HM Courts has the relevant data. All documents alluding to the "fair treatment" of UK policyholders were lodged at the court 2006, including the compensation and calculation manual which have been ignored by a host of relevant parties. If the afore-mentioned were being applied I would not be requesting this data nor would I have to squat in my UK home to prevent its misappropriation / conversion (Crown to unidentified illegal immigrants) and nor would I have to take legal action to get my land / property rights which are so important to the well-being of a single working woman.

Yours sincerely,

S Gibb

Foi, Scottish Courts and Tribunals Service

I am writing to acknowledge receipt of your e-mail. Your e-mail is receiving attention and we aim to provide you with a response within the statutory timescale for reply. This is 20 working days for requests submitted under the Freedom of Information (Scotland) Act 2002 and 40 calendar days for subject access requests submitted under the Data Protection Act 1998.

FOI Enquiries
Scottish Court Service

E-MAIL DISCLAIMER

This e-mail, and any files transmitted with it, are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify [email address]. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the Scottish Court Service (SCS). Finally, the recipients should check this e-mail and any attachments for the presence of viruses. The SCS accepts no liability for any damage caused by any virus transmitted by this e-mail.

www.scotcourts.gov.uk

Hockenhull, Iain, Scottish Courts and Tribunals Service

1 Attachment

Dear Ms Gibb

 

Please find attached a reply to your email dated 30 June in relation to
your request of 28 May under Freedom of Information (Scotland) Act 2002.

 

Regards

 

Iain Hockenhull

 

Scottish Court Service

0131 444 3361

 

E-MAIL DISCLAIMER

This e-mail, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this e-mail in error please notify
[email address]. Please note that any views or opinions
presented in this e-mail are solely those of the author and do not
necessarily represent those of the Scottish Court Service (SCS). Finally,
the recipients should check this e-mail and any attachments for the
presence of viruses. The SCS accepts no liability for any damage caused by
any virus transmitted by this e-mail.

www.scotcourts.gov.uk