Lord Chancellor- Secretary of State for Justice-
Dear Sir or Madam-
I AM STILL AWAITING A REPLY TO THE FOLLOWING FORMAL COMPLAINT SENT ON 14th OCTOBER 2016
To :- Rt Hon:-Elizabeth Truss-M.P.@parliament.u.k.-Lord Chancellor &; Secretary of State for Justice (a combined position)
It Is My Understanding Obtained from My Research of the Internet- that the Ministry of Justice (MOJ) is a ministerial department of the UK Government headed by the-Lord Chancellor-and- Secretary of State for Justice (a combined position)
It Is also my-My Understanding that in Accordance to the Land Registration Act 1925, Land Registration-Act 2002-Law of Property (Miscellaneous Provisions) Act1989- Land Registry’s Only Remit-is to Record All The Information Conveyed To Them By The Solicitors Acting On Behalf Of The Sellers Or Buyers of the Property-Land Registry-Have No Legal Remit-Or Legal Authority Whatsoever-To Alter Any Of The Details Submitted for Registration Of Any-Land /Property Bought Or Sold-By Conveyancing / Solicitors-
“It is therefore vital –in my view-–that the General Public have Confidence in their Public Officials –particularly Land Registry-Durham- and in the legal framework that sets the boundaries of their conduct.
There is urgent need- to ensure that public officials are appropriately held to account for misconduct committed in connection with their official duties-owing to the gravity of my serious allegation- of misconduct in public office-including-conspiracy to pervert the course of justice- by abuse of office-premeditated fraud-as outlined in the Fraud Act 2006-
Having exhausted all the known avenues of Complaint available to me-including the Labour Dominated Hartlepool Borough Council- the Chief Solicitor-of Hartlepool Peter Devlin-who knows of my Concerns of Fraud & Freehold Property Ownership-and refuses to act- my Labour Party Representative in the Palace of Westminster- Iain Wright-who also knows of my Justifiable concerns- but-refuses to reply to my Letters of Protest
I consider these allegations are a grave-serious matter &; should be brought to your- attention-as- the Lord Chancellor-&; Secretary of State for Justice-without further delay-
I am reluctantly left with no alternative but to Summit a Formal Complaint to –you- Lord Chancellor & Secretary of State for Justice-to request you-Commence an in-depth Inquiry into my serious allegations of Gross Criminal Misconduct -Abuse of Position in Public Office-including-Property Fraud & attempting to Perverting the course of Justice, in Public Office of the following named-Land Registry-Durham- Government Officials- Alan H Smith-the assistant Land REGISTRAR- Durham-his colleague-Anthony Lowes-& Andrew Schofield-Office Manager-
Who for the past five years -have pursued & supported-(for reasons best known to themselves-) a ludicrous obvious vicious spurious claim made by a B141 applicants-first made- in October 2008- to alter some of the registered & recorded freehold property details –on the Registered Land Title CE74844 “Absolute” freehold ex council house land and property -we purchased in all good faith- pursuant to the Housing Act 1980- on the 1st February 1984-from Hartlepool Borough Council- in Consideration of £5.750.00 Pounds- (Five Thousand Seven Hundred and Fifty Pounds) the RECEIPT acknowledged by Hartlepool Borough Council-& -transferred & registered by the Chief Solicitor of Hartlepool Borough Council- J Anthony Jones- on the 29/3/1984-
Despite the above irrefutable documentary evidence as proof-of purchase-& Ownership- beyond any reasonable doubt-they-refuse-to believe-for reasons best known to themselves- but suspected by others-that the B141 application –made in October 2008-Is a Fraudulent Document-and outside Land Registry’s Remit-
Is that not a Clear Deliberate Case of Misconduct In Public Office- by Officials- of Land Registry-Durham- to pervert the Course Of Justice-particularly the assistant Land Registrar-Alan H Smith-and his Colleagues-Anthony Lowes- who-it must be remembered-stated-“categorically” in his signed letter dated 5th December 2008- that a conveyance-of the property in question-had previously-taken place-between Mr/Mrs Bennison-and the Mayor-Aldermen and Burgesses of the County Borough of Hartlepool in November 1972-However-the same area of land was-together with other land conveyed to YOU on the 1st February 1984-by Hartlepool Borough Council-as the council had previously Sold Off-the land in November-1972- it could NOT repeat could NOT-subsequently have included it in a Conveyance to you in 1984- this means that -Mr/Mrs Bennison-have the better documentary title to the Land than you-
This statement of fact-made by Alan H Smith- assistant Land Registrar-Durham-that-Mr/Mrs Bennison-have the better documentary title to the Registered Freehold Land CE 74844 “Absolute” than you- without any substantive documentary evidence-whatsoever-is based on fallacious reasons-a deceptive mistaken and false belief- (Held for personal Reasons) that a Conveyance had previously taken place between Mr/Mrs Bennison and the Mayor-Aldermen and Burgees of Hartlepool Borough Council in November 1972-without any substantive- proof whatsoever -it may also-explain and “Question” -(the reasons best known to Alan H Smith- himself-) his Continual Refusal to accept as Proof-of Purchase & Transfer-the-irrefutable- documentary evidence-presented-for inspection-of the Freehold Property-issued by Land Registry-Durham-themselves-dated 16thFebruary 1984- “Confirming”-the Purchased-and Transfer-in all good faith-of the ex-council house freehold land and property-Registered Title CE74844 “Absolute” - pursuant to the Housing Act 1980-in “Consideration” of £5.750. (Five Thousand Seven Hundred and Fifty Pounds) and the receipt-acknowledged by Hartlepool Borough Council-of Civic Centre-Hartlepool-Conveys-:-to Alan Harvey Flounders and his wife-Jacqueline Flounders-on the Pre-Sale of Council House-Title Plan-No.M44684-dated September 1983-the entire total area of land edged in RED-–Purchased-from Hartlepool Borough Council-Hartlepool- on 1st February 1984-bound up within and with the dwelling house- known as number 48 Ridlington Way-Hartlepool-
There is- in my view- Sufficient substantive-evidence to show-that-he Alan H Smith-the assistant Land REGISTRAR- employed in public office of a government department- assisted by his colleague-Anthony Lowes- with the assistance-of the- B141 applicants- Mr/Mrs Bennison- and Officials of Hartlepool Borough Council-Planning & Legal Departments-Peter Devlin- Chief Solicitor-of Hartlepool Borough Council- Alyson Carman-Solicitor& Complaints reviewer Hilary Martin-Solicitor and Freedom of Information Officer-Richard Trow- Project Planning Officer—Mr Reece-Planning Development-Manager-Paul Burgon- Enforcement Officer-Collaborated and; Conspired to Pervert the Course of Justice- including-Criminal Deception-by abuse of Public Office- intending to deprive the legal owners of part of their registered title-by- Fraud as defined in the FRAUD Act. 2006-
(a)
“FRAUD BY FALSE REPRESENTATION” is defined by Section-2-of the Fraud Act-2006- as a case where a person makes “any representation as to fact or law-expressed or implied- which they know to be UNTRUE or MISLEADING-( i.e. Alan H Smith’s -Categorical claim-in his letter to us- signed and dated 5th December 2008- that a Conveyance of the property-had Previously Taken Place between Mr/Mrs Bennison- and the Mayor-Aldermen and Burgesses of the County Borough of Hartlepool-in November 1974)
(b)
“FRAUD BY ABUSE OF POSITION” is defined by Section 4-of the Act-as a case where a person occupies a position- i.e. assistant Land Registrar-Durham -a Public Office-where they are expected- to safeguard the financial interests of another person- and abuses that position- this includes cases where the abuse consisted of an omission- rather than an overt act—In all classes of Fraud-it requires that for an offence to have occurred-the person must have acted dishonestly- and that they acted- with the intent of making a gain for themselves-or anyone else- i.e. Mr/Mrs Bennison-or inflicting a loss-or risk of loss-on another-i.e.-us- the Registered Legal owners of the property-Alan Harvey Flounders and his Wife-Jacqueline Flounders
The HM Land Registry Adjudicator was established under the Land Registration Act 2002. The HM Land Registry Adjudicator resolves disputes about registered land by considering references from HM Land Registry following applications made to the HM Land Registry by members of the public- my question is as follows-
How can this be right- when the Officials-complained about-particularly the assistant land REGISTRAR- Alan H Smith- are themselves-employed in Land Registry-Durham- does anyone seriously believe they will report themselves for misconduct in Public Office-
There are many different and varied applications that may be made under the rules but the most common matters referred to the HM Land Registry Adjudicator are disputes about boundaries; easements or restrictive covenants; beneficial ownership of land; and, adverse possession claims.
The varied provisions of the Land Registration Rules 2003 deal with each different application. These Rules must be consulted prior to any application.
The formal procedure before the HM Land Registry Adjudicator is set out within the Adjudicator to HM Land Registry (Practice and Procedure) Rules 2003 as amended by the 2008 Rules.
Any hearing will be as local to the dispute as possible, normally at the tribunal centre closest to hand. A site visit will normally be held before the hearing. The hearings are adversarial and decisions will normally be reserved and handed down in writing within 28 days.
The HM Land Registry Adjudicator has the power to award costs in essentially the same way as under normal civil litigation. Any appeal from any decision of the HM Land Registry Adjudicator is to the Chancery Division of the High Court Permission to appeal is required from either the HM Land Registry Adjudicator or the High Court.!
Judicial Review of a decision to grant, grant subject to conditions, or refuse planning permission is an alternative to the statutory review available under s.288 of the 1990 Act (which can only be pursued if the applicant appeals to the Secretary of State as a preliminary step).
The procedure is open to any third party of sufficient standing but the first stage of applying for leave to apply for judicial review acts as a filter to prevent unmeritorious applications. The application for leave is made ex parte and allows the applicant to establish whether or not there is an arguable case without incurring excessive liability for costs.
An applicant has to have a ‘sufficient interest” in the matter to which the application relates’I believe as the Registered Purchasers of the Freehold Land & Property –CE74844 “Absolute” purchased in all good faith- pursuant to the Housing Act 1980- on the 1st February 1984-from Hartlepool Borough Council- in consideration of £5.750.00 Pounds- (Five Thousand Seven Hundred and Fifty Pounds) the RECEIPT acknowledged by Hartlepool Borough Council-& Transferred & Registered by the Chief Solicitor of Hartlepool Borough Council- J. Anthony Brown- on the 29/3/1984- gives us sufficient interest” in the matter.
Yours Sincerely
Alan Harvey Flounders
CC.
Secretary of State for Communities and Local Government-Rt Hon Greg Clark MP-
Iain Wright-Labour -Member of Parliament for Hartlepool-
Peter Devlin-Chief Solicitor of Hartlepool Council-
F.V.Clough-Land Registry-Durham-
