The Rt. Hon. David Cameron MP, Prime Minister, 10 Downing Street, London SW1A OAA 05 October 2010
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1 HOME FARM, 43 Main Street, Greetham Oakham, Rutland. LE15 7NJ Phone Fax The Rt. Hon. David Cameron MP, Prime Minister, 10 Downing Street, London SW1A OAA 05 October 2010 Failing to comply with the Rule of Law. Seventy years since the Battle of Britain and that great sacrifice, so elegantly put on the scroll of honour sent to every widow and parents of the dead, May his sacrifice help bring the peace and freedom for which he died is debased when those in authority fail to comply with the Rule of Law. Later this year, as in every year, the crowds in the Albert Hall will join together in singing that other anthem, Rule Britannia Thine equal Laws, by Freedom gained, Have ruled thee well and long, By Freedom gained, by Truth maintained, -- There can be no freedom without justice and there can be no justice without truth. While failures to comply with the Rule of Law go by default of rectification those adversely affected see their lives ruined and the lives of their families. They see their property and the rewards of their enterprise being filched from them. I am attaching a copy of my recent letter to Dr. Vince Cable, which explains much, together with copies of the documents also sent to Dr. Cable. Peter Mandelson stated in an interview broadcast on BBC Radio 4 on Monday 4th of October 2004 We have to be prepared to defend ourselves against the unfair practices of others! We are prepared to defend ourselves against the unfair practices of others. I can confirm that the deployment of my Routemaster bus has considerable impact upon the visits to our websites where we expose the unfair practices of others. It is hoped that you will be as astute as your predecessor, Sir John Major, in responding to my letter concerning the Inland Revenue losing all my records and even my identity. I look forward with interest to receiving your response, Yours sincerely, P.Talbot-Jenkins BSc(Hons); M.I.A.E; M.Inst.P.I.; I.Mech.E..
2 HOME FARM, 43 Main Street, Greetham Oakham, Rutland. LE15 7NJ Phone Fax The Rt. Hon. Dr. Vince Cable MP, Secretary of State for Business, Innovation and Skills, Department for Business, Innovation and Skills, 1 Victoria Street, London SW1H 0ET 05 October 2010 Further to my letter to you of the 5 th August 2010 which was replied to by Ms. Shona Manson of the Insolvency Service on the 27 th September 2010, and with reference to a letter I wrote directly to Ms. Manson on the 5 th of August 2010, and to her response of the 23 rd of August 2010, a copy of which is enclosed along with a copy of my response, for your information. I belong to a growing number of people who are waking up to the fact that neither the courts, nor the judges, nor the lawyers, nor the police, nor the banks etc are complying with the rule of law. Sadly I may say, that goes for a number of MPs too. My correspondence with Ms. Manson is mainly to do with insolvencies and the manner in which these are dealt with by the courts, the judges, the Insolvency Service and the Insolvency Practitioners. There is a complete disregard for the procedures, laid down by law and Act of Parliament intended to ensure that the necessity for an insolvency is justified on grounds laid down by law. 1. A bankruptcy petition must be made upon the prescribed form; often this is being ignored by the courts. 2. The law states the documents that must accompany the petition, such as an affidavit declaring why the subject ought to be made bankrupt. Proof of the debt etc must be shown. 3. The Insolvency Act also sets out quite clearly, for example, that a debt must be UNSECURED. Bankruptcy orders are being made where a security is in place and in most instances that security is many, many times greater than the debt. 4. Neither the trustees nor the courts are keeping accurate records and files as specified by law. 5. Courts and the Insolvency service are refusing file and record inspection by the bankrupt. In order to do this, requests for copy documents are answered saying that the file is no longer held by the Insolvency Service, or the court saying the file no longer exists. For example, in my letter to Ms. Manson of October 4 th 2010 this is adequately explained, together with a letter from the Leicester Insolvency Service dated 25 th January 2010 (copy enclosed) telling me they no longer hold the paperwork. This is
3 clearly at odds with Ms Manson s ability to access the paperwork. 6. Neither the Official Receiver nor the trustee/practitioner are investigating the affairs of the alleged bankrupt prior to insolvency, as specified by the Insolvency Act, which acts as a safeguard for the citizen. 7. When annulments are made, according to Ms. Manson these are not recorded by the Insolvency Service. 8. In some instances, bankruptcy orders are being forced upon people who have no debts or the debt is disputed on substantial grounds. 9. In some cases, IPs are refusing to continue litigation commenced, sometimes many years before a person or company is declared insolvent on the grounds that there are insufficient funds in the estate. A bankrupt is entitled to legal aid and by refusing to continue the litigation a loss is caused to the estate of the bankrupt, and the offending party gets away with their negligence, debt etc. 10. Bankruptcy orders are being used to stop litigation in sensitive areas, such as damages claims against solicitors for failing to prosecute actions. 11. Many of the IPs are falsely presenting themselves as a validly appointed trustees who do not, at the time of accepting trusteeship have a certificate or licence from the Secretary of State and/or a qualifying body authorised to appoint them as required under Rule of the Insolvency Act. 12. In many cases the IP is employed by a firm of accountants such as Price Waterhouse Coopers who, themselves, either have one of the creditors as a client or employ solicitors such as Eversheds who act for one or more of the creditors such as the National Westminster Bank. This is a conflict of interest and ought to be declared at a creditors meeting. Since banks in general are the main instigators of insolvencies, IPs tend to ignore any wrong doing by the banks reported to them by the debtor or creditor. 13. There are instances where IPs have failed to notify creditors of a company in receivership of that receivership even where litigation against the insolvent company is in train. It is a popular misconception that bankruptcy eliminates debt obligation, on the contrary, bankruptcy increases the debts of a bankrupt; the original debt remains unless an agreement between creditor and debtor is reached, and the trustee/ IP racks up the expenses/costs often out of all proportion to the original alleged debt, which has to be paid from the bankrupt s estate. So for an alleged debt of 1,500 a bankrupt ends up losing a property worth 500,000 The purpose of this letter is to make an appeal to you, as Secretary of State for B.I.S who has responsibility for the Insolvency Service, to set up an enquiry into the workings and failings of the law with regard to the practice of Insolvency Law and compliance with the Rule of Law. I look forward with interest to receiving your response, Yours sincerely, P.Talbot-Jenkins BSc(Hons); M.I.A.E; M.Inst.P.I.; I.Mech.E..
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6 HOME FARM, 43 Main Street, Greetham Oakham, Rutland. LE15 7NJ Phone Fax OCT 10 Ms. Shona Manson, Technical Section, 3 rd Floor Zone B 21 Bloomsbury Street, London WC1B 3QW. Your Ref: CBS/TS/SGM Dear Ms. Manson, Further to my letter of the 1 st. inst., and in reply to your very informative letter of the 23 rd August I am somewhat puzzled by the heading on your letter to myself of the 23 rd August Your Affairs: Leicester County Court No. 283 of 1996, for nowhere in my earlier correspondence with you have I ever referred to, or, given you details of my illegal bankruptcy. For the record, I am sending you a copy of a letter from the Estates Accounts Directorate in Birmingham, a division of the Insolvency Service, dated 1 st March My letter of request to this department gave every possible reference to my case. Please note the obstructive manner in which they avoid my request, for example: On the information you have provided I have not been able to locate any report and it is possible that such a report does not exist, or is held by the Insolvency Service. And yet, with no more information than my name and address you have shown that you have access to my file. As my bankruptcy was vindictive and illegal I suspect a cover up. I would like to point you to Her Majesty s Court Service document Records Retention and Disposition Schedule Section B (4) Bankruptcy files Destroy 20 years after the date of adjudication. Furthermore, the Insolvency Act and CPR give me the right to inspect those files at any time without the permission of the court. You are absolutely correct in what you state in your letter of the 23 rd August. In paragraph 2 you describe the duties of a trustee as set out in the insolvency legislation, in other words by Act of Parliament, and so they MUST carry out those prescribed duties upon the Order of the court. Therefore the trustee is bound by that order to carry out the duties clearly set out in the Insolvency Act.. One of the Primary duties laid down by the Insolvency Act for the trustee to perform is the INVESTIGATION
7 OF THE AFFAIRS OF THE BANKRUPT. It cannot have been put in a simpler way. The findings of that investigation MUST be reported to the initiating court and to the Secretary of State for Business, Innovation and Skills. Since you seem to have a magic key that can open files when others cannot, please Ms. Manson, let us all stop playing Here we go round the Mulbery bush and send me a copy of that report of that investigation. Now to an even more serious matter; in paragraph 8 you state The records of The Service do not indicate that the bankruptcy order against you has been annulled by the court. And in paragraph 10 you state The trustee obtained his release on 21 August We are now more than 3 years down the line since we PAID AN EXTORTIONATE SUM to have the bankruptcy annulled and your records do not indicate such an annulment. This, to me, seems like further proof of lackadaisical record keeping. I look forward with interest to receiving your response, Yours sincerely, P.Talbot-Jenkins BSc(Hons); M.I.A.E; M.Inst.P.I.; I.Mech.E.; cc. The Right Hon. Dr. Vince Cable, MP. Secretary.of State for BIS The Right Hon. David Cameron MP. Prime Minister.
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