Tag Archives: CLA 1977

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

 

Articles, Police Constables

Hundreds of police officers sign open letter …

More than 600 serving police officers have signed a damning open letter warning another Tory-led government will “further endanger public safety” and leave the force “perilously close to collapse”.

It is the biggest ever criticism of government policy by frontline officers – despite them being banned from taking an active part in politics.

And it will further undermine David Cameron’s Tories’ credibility as the party of law and order.

The unprecedented intervention came in response to the coalition Government slashing the police budget by around 26% over the last five years, at a cost of 35,000 officers.

The letter states: “The police service is in crisis. Numbers are falling. Experienced officers are leaving (or planning to leave) in their droves.”

And it claims cuts to the force “will send a negative message about Britain being a safe place to live and do business and it will put economic recovery at risk”.

Former Met Det Chief Insp Peter Kirkham wrote the letter after reading one by business leaders outlining their concerns about a Labour government coming to power.

The letter has been signed by more than 1,000 policing professionals, including retired officers and police staff. Among them are 423 PCs and DCs, 188 sergeants, 50 inspectors up to Det Chief Insp level and four superintendents.

But senior officers have condemned the letter. Gareth Morgan, Avon and Somerset temporary Deputy Chief Constable, tweeted: “My advice to all serving officers would be to stay well clear of campaigns and lobbying. It’s the law after all.”

Full article and letter at http://www.mirror.co.uk/news/uk-news/hundreds-police-officers-sign-open-5562385

 

It would be nice if Constables stood shoulder to shoulder with rest of us when a house is stolen.

It will be too late when all the forces are privatised and many of you lose your jobs and then your home …

 

#VOIDMORTGAGE

 

 

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

 

#VOIDMORTGAGE

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?

#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