Category Archives: Bank/Building Society Staff

Bailiffs & High Court Enforcement Officers, Bank/Building Society Staff, Court Staff, Court System, Definitions, Legislation, Police Constables

Theft

The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.

In England and Wales, theft is a statutory offence, created by section 1(1) of the Theft Act 1968. This offence replaces the former offences of larceny, embezzlement and fraudulent conversion.[17]

The marginal note to section 1 of the Theft Act 1968 describes it as a “basic definition” of theft. Sections 1(1) and (2) provide:

1.-(1) A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.
(2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

Sections 2 to 6 of the Theft Act 1968 have effect as regards the interpretation and operation of section 1 of that Act. Except as otherwise provided by that Act, sections 2 to 6 of that Act apply only for the purposes of section 1 of that Act.[18]

Section 4 – “Property”

The definition of property is “any property including money and all other property, real or personal, including things in action and other intangible property”

Section 6 “Intention to permanently deprive”

This section provides that the defendant in order to be guilty of theft had the intention of permanently depriving the other of the property.

The Theft Act 1968 describes property as including money and all other property, real or personal, including ‘things in action’ and other intangible property. When a case involves cheques or funds in bank accounts, it is important to identify and analyse exactly what has taken place. Prosecutors should carefully examine bank account details. It may be necessary to ask the police to obtain further evidence or information before deciding on the appropriate charge.

Main source: http://www.cps.gov.uk/legal/s_to_u/theft_act_offences/

The theft of someone’s home without full and complete facts and evidence and the full accounting allowing for the fact the home owner was the originating creditor is therefore a criminal offence and not a civil one.

So why do Police Constables completely ignore this fact?

#VOIDMORTGAGE

 

Bailiffs & High Court Enforcement Officers, Bank/Building Society Staff, Case Law, Court Staff, Court System, Estate Agents, Legislation, LPA Receiver, Police Constables

Criminal Justice and Courts Act 2015

Dear Constables please wake up to this NOW

 

26Corrupt or other improper exercise of police powers and privileges

(1)A police constable listed in subsection (3) commits an offence if he or she—

(a)exercises the powers and privileges of a constable improperly, and

(b)knows or ought to know that the exercise is improper.

(2)A police constable guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both).

(3)The police constables referred to in subsection (1) are—

(a)a constable of a police force in England and Wales;

(b)a special constable for a police area in England and Wales;

(c)a constable or special constable of the British Transport Police Force;

(d)a constable of the Civil Nuclear Constabulary;

(e)a constable of the Ministry of Defence Police;

(f)a National Crime Agency officer designated under section 9 or 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable.

(4)For the purposes of this section, a police constable exercises the powers and privileges of a constable improperly if—

(a)he or she exercises a power or privilege of a constable for the purpose of achieving—

(i)a benefit for himself or herself, or

(ii)a benefit or a detriment for another person, and

(b)a reasonable person would not expect the power or privilege to be exercised for the purpose of achieving that benefit or detriment.

(5)For the purposes of this section, a police constable is to be treated as exercising the powers and privileges of a constable improperly in the cases described in subsections (6) and (7).

(6)The first case is where—

(a)the police constable fails to exercise a power or privilege of a constable,

(b)the purpose of the failure is to achieve a benefit or detriment described in subsection (4)(a), and

(c)a reasonable person would not expect a constable to fail to exercise the power or privilege for the purpose of achieving that benefit or detriment.

(7)The second case is where—

(a)the police constable threatens to exercise, or not to exercise, a power or privilege of a constable,

(b)the threat is made for the purpose of achieving a benefit or detriment described in subsection (4)(a), and

(c)a reasonable person would not expect a constable to threaten to exercise, or not to exercise, the power or privilege for the purpose of achieving that benefit or detriment.

(8)An offence is committed under this section if the act or omission in question takes place in the United Kingdom or in United Kingdom waters.

(9)In this section—

  • “benefit” and “detriment” mean any benefit or detriment, whether or not in money or other property and whether temporary or permanent;

  • “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea.

(10)References in this section to exercising, or not exercising, the powers and privileges of a constable include performing, or not performing, the duties of a constable.

(11)Nothing in this section affects what constitutes the offence of misconduct in public office at common law in England and Wales or Northern Ireland.

http://www.legislation.gov.uk/ukpga/2015/2/section/26/enacted

There is nothing in the Oath of a Constable which allows the protection of a Bank/Building Society for using an invalid court document that was obtained by fraud as there was NEVER any money loaned.

Read your Oath of Office today and then carry out an investigation as to the facts and evidence in these matters.

#VOIDMORTGAGE

Bank/Building Society Staff, Legislation, Police Constables, Solicitors & Barristers

Protection from Harassment

Harassment

In this legal guidance, the term harassment is used to cover the ‘causing alarm or distress’ offences under section 2 of the Protection from Harassment Act 1997 as amended (PHA), and ‘putting people in fear of violence’ offences under section 4 of the PHA. The term can also include harassment by two or more defendants against an individual or harassment against more than one victim.

Although harassment is not specifically defined in section 7(2) of the PHA, it can include repeated attempts to impose unwanted communications and contact upon a victim in a manner that could be expected to cause distress or fear in any reasonable person.

The definition of harassment was considered in Plavelil v Director of Public Prosecutions [2014] EWHC 736 (Admin), in which it was held that the repeated making of false and malicious assertions against a doctor in connection with an investigation by the GMC could amount to a course of harassment. The Court of Appeal rejected the argument that malicious allegations could not be oppressive if they could easily be rebutted.

A prosecution under section 2 or 4 requires proof of harassment. In addition, there must be evidence to prove the conduct was targeted at an individual, was calculated to alarm or cause him/her distress, and was oppressive and unreasonable.

Closely connected groups may also be subjected to ‘collective’ harassment. The primary intention of this type of harassment is not generally directed at an individual but rather at members of a group. This could include: members of the same family; residents of a particular neighbourhood; groups of a specific identity including ethnicity or sexuality, for example, the racial harassment of the users of a specific ethnic community centre; harassment of a group of disabled people; harassment of gay clubs; or of those engaged in a specific trade or profession.

Harassment of an individual can also occur when a person is harassing others connected with the individual, knowing that this behaviour will affect their victim as well as the other people that the person appears to be targeting their actions towards. This is known as ‘stalking by proxy’. Family members, friends and employees of the victim may be subjected to this.

http://www.cps.gov.uk/legal/s_to_u/stalking_and_harassment/#a02a

Continued requests for money to be paid back on a false loan agreement would amount to Harassment

 

Section 2 offence – Harassment

The elements of section 2 offence are:

  • a course of conduct;
  • which amounts to harassment of another; and
  • which the defendant knows, or ought to know amounts to harassment of another.

The bank or building society will therefore know first hand whether they “LOANED” any money or not and this evidence can be produced from the “Full and Complete Accounting” of the company involved.

 

#VOIDMORTGAGE

Accountants, Bailiffs & High Court Enforcement Officers, Bank/Building Society Staff, Case Law, Court Staff, Legislation, Police Constables

Misconduct in Public Office

Refusing to investigate the theft of someone’s home WILL lead to this

Principle

Scope of the offence

Misconduct in public office is an offence at common law triable only on indictment. It carries a maximum sentence of life imprisonment. It is an offence confined to those who are public office holders and is committed when the office holder acts (or fails to act) in a way that constitutes a breach of the duties of that office.

The Court of Appeal has made it clear that the offence should be strictly confined. It can raise complex and sometimes sensitive issues. Prosecutors should therefore consider seeking the advice of the Principal Legal Advisor to resolve any uncertainty as to whether it would be appropriate to bring a prosecution for such an offence.

 

Definition of the offence

The elements of the offence are summarised in Attorney General’s Reference No 3 of 2003 [2004] EWCA Crim 868. The offence is committed when:

  • a public officer acting as such
  • wilfully neglects to perform his duty and/or wilfully misconducts himself
  •  to such a degree as to amount to an abuse of the public’s trust in the office holder
  • without reasonable excuse or justification

 

Where there is a statutory offence but it would be difficult or inappropriate to use it. This might arise because of evidential difficulties in proving the statutory offence in the particular circumstances;

  • because the maximum sentence for the statutory offence would be entirely insufficient for the seriousness of the misconduct.

A Public OfficerThe prosecution must have evidence to show that the suspect is a ‘public officer’. There is no simple definition and each case must be assessed individually, taking into account the nature of the role, the duties carried out and the level of public trust involved.

The courts have been reluctant to provide a detailed definition of a public officer. The case-law contains an element of circularity, in that the cases tend to define a public officer as a person who carries out a public duty or has an office of trust. What may constitute a public duty or an office of trust must therefore be inferred from the facts of particular cases.

The judgment of Lord Mansfield in R v Bembridge (1783) 3 Doug KB 32 refers to a public officer having:

‘ an office of trust concerning the public, especially if attended with profit … by whomever and in whatever way the officer is appointed’.

It does not seem that the person concerned must be the holder of an ‘office’ in a narrow or technical sense. The authorities suggest that it is the nature of the duties and the level of public trust involved that are relevant, rather than the manner or nature of appointment.

In R v Whitaker (1914) KB 1283 the court said:

‘A public office holder is an officer who discharges any duty in the discharge of which the public are interested, more clearly so if he is paid out of a fund provided by the public.’

This approach was followed in a series of cases from other common law jurisdictions: R v Williams (1986) 39 WIR 129; R v Sacks [1943] SALR 413; R v Boston (1923) 33 CLR 386.

In R v Dytham (1979) 1 QB 723 Lord Widgery CJ talked of ‘a public officer who has an obligation to perform a duty’.

Remuneration is a significant factor, but not an essential element. In R v Belton [2010] WLR (D) 283 the defendant was an unpaid voluntary member of the Independent Monitoring Board. The Court of Appeal held that remuneration was not an indispensable requirement for the holding of a public office, or for liability to prosecution for the offence of misconduct in a public office.

The fact that an individual was a volunteer might have a bearing on whether there had been wilful misconduct, but was only indicative rather than determinative of whether an individual held a public office.

The court in Attorney General’s Reference No 3 of 2003 [2004] EWCA Crim 868 referred to the unfairness that could arise where people who carry out similar duties may or may not be liable to prosecution depending on whether they can be defined as ‘public officers’. What were once purely public functions are now frequently carried out by employees in private employment. An example is the role of the court security officer.

The court declined to define a public officer, however, but said:
‘This potential unfairness adds weight, in our view, to the conclusion that the offence should be strictly confined but we do not propose to develop the point or to consider further the question of what, for present purposes, constitutes a public office.’

The following have been accepted as holding a public office by the courts over several centuries:

  • Coroner (1675) R v Parker 2 Lev 140
  • Constable (1703) R v Wyatt 1 Salk 380
  • Accountant in the office of the Paymaster General (1783) R v Bembridge 3 Doug K.B. 32
  • Justice of the Peace (1791) R v Sainsbury 4 T.R 451
  • Executive or ministerial officer (1819) R v Friar 1 Chit.Rep (KB) 702
  • Gaoler (1827) R v Cope 6 A%E 226
  • Mayor or burgess (1828) Henly v Mayor of Lyme 5 Bing 91
  • Overseer of the poor (1891) R v Hall 1 QB 747
  • Army officer (1914) R v Whitaker 10 Cr.App.R.245
  • County Court registrar (district judge) (1968) R v Llewellyn-Jones 1 Q.B.429
  • Police officer (1979) R v Dytham 69 Cr.App.R.387
  • Council maintenance officer (1995) R v Bowden 4 All E.R 505
  • Local councillor (2004) R v Speechley [2004] EWCA Crim 3067
  • Member of the Independent Monitoring Board for prisons (2010) R v Belton R v Belton [2010] EWCA Crim 2857

So Police Constables take note,

A refusal to carry out an investigation into the theft of a home will amount to Misconduct in Office.

As the Office of Constable being a Public Servant has a position of trust concerning the Public and the Public of these lands have a legitimate expectation that you will do your job which is in essence an agreement or contract with us.

 

#VOIDMORTGAGE

 

Source: http://www.cps.gov.uk/legal/l_to_o/misconduct_in_public_office/

Accountants, Bailiffs & High Court Enforcement Officers, Bank/Building Society Staff, Court Staff, Legislation, Locksmiths, Police Constables, Something to think about ...

Police Powers Trespass & Squatting

Dear Police Constables,
We implore you to read this post and ensure that you comprehend the contents in its entirety.
Anyone who is entering back into their property to defend it from unlawful possession has a full and complete defence if you were to investigate the matter IN ADVANCE!
Do not just follow orders to evict trespassers on someone’s say so.
Make accurate inquiries as to whether the people have re-entered THEIR home to defend it first and check the details at the Land Registry.
Where mortgage repossessions are concerned, Police Constables are being psychologically reframed to regard evictee’s as squatters or trespassers, whom they can remove using police powers.
This power therefore can not be used if by investigation, IN ADVANCE, you can prove there was no loan by the bank or the building society.If they cannot prove they suffered a loss then they never made a loan … SIMPLE!
This power would then be an abuse of power if it doesn’t go hand in hand with a prior investigation to comply with your IMPARTIALITY.
Therefore any claim made in court would therefore be VOID AB INITIO and a Fraud upon the Court.
What you are doing is removing the lawful right of the owner by extreme force and against their will to defend their property which you as a Police Constable have no right to do before carrying out that investigation.
By removing and displacing real People you remove their base their home their life and you are doing it under orders with ZERO investigation as to the facts and evidence in the case in which you could obtain yourself if you remembered your oath of Office as a Constable.
Just doing your job has no defence in this country.
It could be seen as Misfeasance in Public Office for not carrying out your duties as a Public Servant as per YOUR Oath. This will open you personally to a civil claim if you do not do your job properly and have a dereliction of duty.
If you get asked to attend an incident like this, make inquiries as to whether the bank lent any money and ask to see where the loss of the purported “Mortgage Loan” occurred by insisting on seeing all the entries in the Bankers Books as per this legislation http://www.legislation.gov.uk/ukpga/Vict/42-43/11/contents Bankers’ Books Evidence Act 1879.
Elements of the offence – points to prove
6.
Subsection (1) of section 144 sets out the elements of the offence. The offence is committed when:
  • a person is in a residential building as a trespasser having entered it as such;
  • the person knows or ought to know that they are a trespasser; AND
  • the person is living in the building or intends to live there for any period.

 

You see if the real owner re-enters they know they are not a trespasser and the Full Accounting will prove their case. If you remove them first without investigating the facts of the case presented to you, you will become liable.

OFFENCE OF SQUATTING IN A RESIDENTIAL BUILDING
Introduction
1.
Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012 creates a new offence of squatting in a residential building, which will apply throughout England and Wales. The offence is set out in full in
Annex A

Legal Aid, Sentencing and Punishment of Offenders Act 2012

#VOIDMORTGAGE

Bailiffs & High Court Enforcement Officers, Bank/Building Society Staff, Estate Agents, Locksmiths, Police Constables, Solicitors & Barristers

The Law of Agency

The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party.[1] Succinctly, it may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under his or her control and on his or her behalf. The agent is, thus, required to negotiate on behalf of the principal or bring him or her and third parties into contractual relationship. This branch of law separates and regulates the relationships between:

  • agents and principals (internal relationship), known as the principal-agent relationship;
  • agents and the third parties with whom they deal on their principals’ behalf (external relationship); and
  • principals and the third parties when the agents deal.

In 1986, the European Communities enacted Directive 86/653/EEC on self-employed commercial agents. In the UK, this was implemented into national law in the Commercial Agents Regulations 1993.[2]

The reciprocal rights and liabilities between a principal and an agent reflect commercial and legal realities. A business owner often relies on an employee or another person to conduct a business. In the case of a corporation, since a corporation is a fictitious legal person, it can only act through human agents. The principal is bound by the contract entered into by the agent, so long as the agent performs within the scope of the agency.

A third party may rely in good faith on the representation by a person who identifies himself as an agent for another. It is not always cost effective to check whether someone who is represented as having the authority to act for another actually has such authority. If it is subsequently found that the alleged agent was acting without necessary authority, the agent will generally be held liable.

THEREFORE ARE YOU ACTING AS AN AGENT?

#VOIDMORTGAGE

Bailiffs & High Court Enforcement Officers, Bank/Building Society Staff, Case Law, Court Staff, Estate Agents, Locksmiths, Police Constables, Solicitors & Barristers

Fisher and Lightwoods: Taking Possession

Fisher and Lightwood’s
Law of Mortgages
13 th Edition page # 588 paragraph # 29.9
Taking peaceable possession
29.9 If physical possession is to be taken, it must be taken peaceably.

If violence is used to secure entry, the mortgagee may be liable to prosecution under the criminal law, although the mortgagor will have no civil remedy against the mortgagee.
Violence need not only be against the person, but may also be in the manner of entry, as by breaking open the doors of a house.
Consequently, save where the mortgagor consents to the mortgagee taking actual possession, which will be rare, the occasions where a physical taking of possession is possible will be rare. It will generally only be possible where the mortgagor (and any tenant of the mortgagor) has abandoned the premises.

 

#VOIDMORTGAGE

Bailiffs & High Court Enforcement Officers, Bank/Building Society Staff, Court Staff, Estate Agents, Locksmiths, Police Constables

Criminal Law Act 1977

6 Violence for securing entry.

(1)Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that—

(a)there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure; and

(b)the person using or threatening the violence knows that that is the case.

http://www.legislation.gov.uk/ukpga/1977/45/section/6

 

The lawful authority in this case is considered null and void due to the provable and undeniable evidence that ALL of the claim is “VOID AB INITIO” this means that it void from the start VOID AB INITIO

 

#VOIDMORTGAGE

Bailiffs & High Court Enforcement Officers, Bank/Building Society Staff, Court Staff, Estate Agents, Police Constables, Solicitors & Barristers

#TGBMS The Great British Mortgage Swindle

TGBMS

“BBT Films has been formed for the purposes of granting into private trust the worldwide rights of the film for the benefit of the filmmakers, as well as the men and woman whose unlawful evictions are featured in The Great British Mortgage Swindle.

Any and all monies generated by the international release of the film across all media will be shared by the producers with the featured protagonists who have their properties stolen from them in the film; as well as those courageous, committed and knowledgeable banksterbusters who stood on the front line with them in concerted efforts to resist each unlawful eviction.

The film features several deeply harrowing and profoundly emotive unlawful evictions by county court bailiffs and high court enforcement officers, aided and abetted by members of her majesty’s constabulary” who are all acting on paperwork known to have no lawful effect but are carried out by the use of force.

The people who assist in these unlawful procedures will have no lawful excuse if they continue to ignore the facts of how a possession order arises.

As a minimum people acting under this paperwork should ensure that they know all the actual elements required.

  • Court Seal
  • Judges name and signature

This subject will be covered in detail on the Knowldgebase

#TGBMS

#VOIDMORTGAGE

http://www.thegreatbritishmortgageswindle.net/movie-trailer/

 

Accountants, Bank/Building Society Staff, Money Creation, Police Constables, Solicitors & Barristers, Something to think about ...

For every Action an Equal and Opposite Transaction

Accounting ledgers are great.

They show how books balance.

This is what double entry book keeping is all about.

So where did the “Mortgage” funds come from?

For a “Loan” to take place there must be a draw down in one account to transfer to another.

Also any “Deposit” will increase a ledger.

So please, to all you highly qualified ACCA and CIMA accountants out there with a “Mortgage”…

get your calculators and spreadsheets out and show us the money!!!

When you get to grips with what is really going on you will confirm that YOU are the originating creditor.

 

#VOIDMORTGAGE