Tag Archives: originating creditor

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

 

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, 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