Tag Archives: agent

Articles, Legislation, Police Constables

Bailiffs, Police and the Queens Coronation. By John Hurst. April 2015.

Much concern has been raised by images of police constables taking active measures to support bailiffs using force to repossess homes on behalf of private corporations such as banks and local authorities.

The traditional role of police was to maintain the Queens peace.

This necessarily meant maintaining impartiality as the traditional police oath required:

“”I do solemnly and sincerely declare and affirm that I will well and truly serve Our Sovereign Lady the Queen in the office of constable, without fear or affection, malice or ill will, and that I will to the best of my power cause the peace to be kept and preserved, and prevent all offences against the persons and properties of Her Majesty’s subjects and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law.”

Things began to change with the Police Act 1996. Research has confirmed that the change was never debated of explained:

“I………………..of………………..do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.’]

Note the difference, “Cause the peace to be kept and preserved” is transformed to “Upholding fundamental human rights”.

A common law obligation is replaced by a statute containing an undertaking to comply with statute law. Statutes cannot secure rights because the next Parliament can repeal whatever undertakings its predecessor might have made.

This is in conformity with the present legal and political establishments claim that “Parliament is supreme and can make and unmake any law it likes”.

Which brings us to the little known Tribunals, Courts and Enforcement Act 2007 (the 2007 Act). “Bailiffs” are now known as “Enforcement Agents” who “Take control of goods” ;

“s.63 Enforcement agents
(2) An individual may act as an enforcement agent only if one of these applies—
(a) he acts under a certificate under section 64 (formerly a certificated bailiff);
(b) he is exempt;
(c) he acts in the presence and under the direction of a person to whom paragraph (a) or (b) applies.

(3) An individual is exempt if he acts in the course of his duty as one of these—
(a) a constable;…”.

There we have it; a constable may act as an enforcement agent because he is exempt from the requirement for certification or when he is under the direction of a person who is certificated.
So much for the bad news.
Now the good news.

The lawfulness of the “Enforcement Agents” actions depends on the authenticity of the documents which they are relying on. I refer you to Guy Taylor’s forensic work.

The lawfulness of the constable’s actions also depends on the whole body of the law and particularly the obligations which The Queen accepted at Her Coronation.

Remember that s.63 (2) states that “An individual may act as an enforcement agent…”. There is no compulsion.

Check YouTube for the following video of the “Coronation of Queen Elizabeth the Second 1953”;

It is in black and white, is 9 mins 17 secs long and has the words “British Pathe” at the beginning.

The first insight which the film gives begins at the 5 min 50 sec point. The prospective Sovereign is presented to the people, she bows to them and then the Archbishops asks the people if they accept her. This election is proof that the people are Sovereign, whatever the present establishment may claim.

The ceremony moves on to the next video. YouTube should take you there automatically.

At the 10 sec. mark the Sword of state is presented “For the punishment of evildoers and the protection of the law abiding” .

At the 20 sec. mark the Chancellor of the Duchy of Lancaster presents the glove symbolising “Gentleness in the levying of taxes”.

At the 1.30 sec mark the Sceptre signifying “Kingly power and Justice” is presented. Justice means to recognise rights and punish wrongs.

At the 1.40 sec. Mark the Rod with the dove signifying that “Equity and mercy are never to be forgotten”.

Equity is fairness. As a legal system, it is a body of law that addresses concerns that fall outside the jurisdiction of the Common Law.

There we have it. Those who hold the Office of Constable, pre and post 1996, should be fulfilling their lawful and legal obligations better than they have been in well publicised cases.

Child abusers should be arrested and prosecuted. Debtors should be treated fairly.

A constable’s duty does not extend to “Taking control of goods” regardless of the circumstances.

The Nuremberg defence, “I vos only followink ze orders”, will not be accepted and failure to do these things is clearly the Common Law crime of misconduct in office.

Time to further educate the Constables.

 

more links to follow

 

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Case Law, Estate Agents, LPA Receiver, Money Creation

LPA Receiver Roll in Possession’s

Based on the current information that any mortgage is probably a #VOIDMORTGAGE

What role can a LPA Receiver possibly have to do do with anything?

There are specific undertakings that they should carry out and most of them do no seem to be met.

Please join the conversation over at the VOIDMORTGAGE KNOWLEDGEBASE and extend this info for others in the same position

 

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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

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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?

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