Rekha Patel loses her house

[He Who Knows]

I think you're right. Only 7 people out of 400 turned up to the "I am Rekha" meeting and lecture from "Richard Carter" last night at The Jubilee pub Simmondley. Can't blame that on the footie, Father's Day, and other excuses that kept numbers down for her 19th June "march" and other Jubilee meeting (15/6/16). Could it be that she has a touch of the Dunning-Kruger?

[hanlons razor]

Rekha posted in eviction the fraud of the banks an hour ago that she has retaken her home and that the police were satisfied with her doing so.

The text below was posted to the group with a video of her crowbarring her way back in to the property.

"This is the moment I went back home.
Somebody called 999, the police came and after the paperwork was shown, they were satisfied that the absolute title holder of the property was making good the criminal damage that was carried out on June 10th 2016. They left shaking my hand and wishing me well."

[doublelong]

As a teacher she needs to be very careful here. Not only has she lost her home she could also loose her job.

[notorial dissent]

What paperwork???? From what imaginary universe?

[hanlons razor]

My guess is if she did show them anything it was to police who are unaware of the circumstances at best but equally I wouldn't be surprised if that was a lie either in part or as a whole.

But whilst she may have gained entry, and possibly short term physical possession, this won't last. And with each further development/brush with the law her already seemingly small support will dwindle further and further until she's forgotten about completely.

On that note does anybody know what became of the jacksons (the family involved in the dispute with pirtek)? Despite being near the centre of the crawford facebook group I don't recollect seeing anything on them for some time....

[AndyPandy]

What paperwork???? From what imaginary universe?

She may have a copy of the title register from the Land Registry. I think it takes a number of weeks for the register to be updated after a possession takes place, she may have a copy as of today's date which still shows her as the registered owner, that could change tomorrow.

[He Who Knows]

Think Derbyshire Police don't want to get involved again with this one after it being plastered all over social media and national media for a month after eviction day,10th June. It's defo a case of Rekha Patel squatting which is now a criminal offence (since 2012). Beat police officers aren't experts in civil law & don't know that a non-updated Land Registry Title showing Rekha as the registered owner, is trumped by a Court Order For Sale from the other side. It'll be another eviction, another 20 people boarded up inside, another squad of police cars and more rounds of social media with Rekha Patel as the martyr. Be cheaper for her to be arrested and sent down for six months until the house is sold to new owners. At least she'd be rescued from her own stupidity and get more change out of the sale of her house instead of it all going on court costs.

[TheNewSaint]

If she regained access to the home by showing paperwork she knew to be invalid, wouldn't that constitute theft by false representation (whatever the proper legal term is)?

[daltontrumbno]

If she regained access to the home by showing paperwork she knew to be invalid, wouldn't that constitute theft by false representation (whatever the proper legal term is)?

Technically yes but for a fraud conviction to stick the court has to prove beyond reasonable doubt that she knew that the paper work was invalid so conviction for fraud is possible but highly unlikely. She will just be re-evicted and legal costs will be deducted from her remaining equity.

[TheNewSaint]

Technically yes but for a fraud conviction to stick the court has to prove beyond reasonable doubt that she knew that the paper work was invalid so conviction for fraud is possible but highly unlikely. She will just be re-evicted and legal costs will be deducted from her remaining equity.

Thanks for the info. Though I would think "proving she knew the paperwork was invalid" would never be easier than this.

[exiledscouser]

This is an interesting area of law. Please feel free to switch off if, unlike me, legislation bores you but the question was raised;

If she regained access to the home by showing paperwork she knew to be invalid, wouldn't that constitute theft by false representation (whatever the proper legal term is)?

Firstly, you can’t ‘steal’ land under the the Theft Act. That does not mean there isn’t some other route or routes to pursue.

Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (just trips off the tongue that one) make what was once ‘merely’ squatting a criminal offence.

144 Offence of squatting in a residential building

(1 ) A person commits an offence if—

(a) the person is in a residential building as a trespasser having entered it as a trespasser,

(b) the person knows or ought to know that he or she is a trespasser, and

(c) the person is living in the building or intends to live there for any period.

Max fifty one weeks pokey or a fine. Or both.

The act also amended S17 PACE (entry to property without warrant) to allow Plod entry for the purpose of arresting a ‘squatter’ but this bit might not be in yet. If so then they can still enter and arrest for ‘trespass during the currency of an interim possesion order’. Section 76 of the CJ & Publi Order Act 1994 says;

76 Interim possession orders: trespassing during currency of order.

(1) This section applies where an interim possession order has been made in respect of any premises and served in accordance with rules of court; and references to “the order” and “the premises” shall be construed accordingly.

(2) Subject to subsection (3), a person who is present on the premises as a trespasser at any time during the currency of the order commits an offence.

(3) No offence under subsection (2) is committed by a person if—

(a) he leaves the premises within 24 hours of the time of service of the order and does not return; or
(b) a copy of the order was not fixed to the premises in accordance with rules of court.

(4) A person who was in occupation of the premises at the time of service of the order but leaves them commits an offence if he re-enters the premises as a trespasser or attempts to do so after the expiry of the order but within the period of one year beginning with the day on which it was served.

(5) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

(6) A person who is in occupation of the premises at the time of service of the order shall be treated for the purposes of this section as being present as a trespasser.

An “interim possession order” means an interim possession order made under rules of court for the bringing of summary proceedings for possession of premises which are occupied by trespassers. So this might require another step along the way from those seeking possession (or repossesion) of this property. Costs can mount alarmingly in these matters, especially when there's a big lump of equity through which everyone instructed knows they'll eventually be paid.

Of course, in the real world the creditor will most likely once again instruct HCEOs to go back, kick out those present and fortify the property. And, as has been said, add their ever-mounting costs which will chomp into the equity. I can see the equity shrinking like the inverse of petrol pump price wheels whilst filling up during the fuel crisis.

That said, Rekha may well have sought and been granted some sort of interim relief of her own which granted her the right to get back in for now.

Perhaps.

Probably not though.

Difficult to speculate not knowing all the facts but we can probably expect confrontation if she 'did a Crawford' and simply bashed her way back in. I expect the advice she's receiving and presumably acting upon isn't of the professional variety and that those blowing in her ear don't necessarily have her best interests at heart, wanting another poster-girl for their beliefs - which is a shame. A properly instructed brief could save her a lot of trouble, expense and heartache even at this late stage.

[ArthurWankspittle]

A properly instructed brief could save her a lot of trouble, expense and heartache even at this late stage.

I can't imagine any legal professional advising her to "go back in now and we'll sort the paperwork later" though.

[TheNewSaint]

This is an interesting area of law. Please feel free to switch off if, unlike me, legislation bores you

Quite the contrary; I enjoy reading such material, and I appreciate your very thorough answer to my question. It is that high level of discourse that makes Quatloos so fun to read.

I would think trespassing during currency of order would be the more appropriate charge, since it covers both misdeeds: squatting and violating a court order (whereas the squatting law appears to cover just squatting). It should be easy to prove that Patel was aware she was violating a rightful order.

Through it all, I feel for poor Ms. [name omitted by request] next door. Imagine having years of litigation with this psychopath, finally being rid of her, then looking out your front window and seeing the police letting her back in.

[mufc1959]

Do you think it's possible her parents - with whom she went to live after the eviction - paid off the outstanding debt to get her out of their house?

[Hercule Parrot]

Beat police officers aren't experts in civil law & don't know that a non-updated Land Registry Title showing Rekha as the registered owner, is trumped by a Court Order For Sale from the other side.

I'm sure you are right, and it's understandable that a beat cop won't be conversant in civil Land Registry matters. What is less understandable is the failure of Derbyshire Police to manage the information available to them. Derbyshire use NICHE, a very powerful database for intel and community policing. It would be trivial to flag that address with a note that the previous occupant was lawfully evicted on <date> and HQ Legal have confirmed that the court order etc were legitimate. Officers attending any incident at that address should note blah blah, and immediately refer to Inspector Blah if it appears that re-occupation or other disorder is likely. Control Room should check NICHE and brief that out when the job is tasked.

(Caveats - I do not work for or hold shares in NICHE. I am not a warranted police officer. I have no professional connection to Derbyshire. I have general familiarity with this system because I co-operate with other NWO agents to suppress the downtrodden masses.)

It'll be another eviction, another 20 people boarded up inside, another squad of police cars and more rounds of social media with Rekha Patel as the martyr. Be cheaper for her to be arrested and sent down for six months until the house is sold to new owners. At least she'd be rescued from her own stupidity and get more change out of the sale of her house instead of it all going on court costs.

Exactly. Their failure to tackle this firmly has now caused the whole costly, distressing process to be repeated again. Rekha will lose another £5-10,000 in legal and bailiff costs (which serves her right), and Derbyshire Police will have to manage another mob incident (which serves them right), but the poor neighbour must be wondering why she bothers to have faith in the justice system.

[Hercule Parrot]

On that note does anybody know what became of the jacksons (the family involved in the dispute with pirtek)? Despite being near the centre of the crawford facebook group I don't recollect seeing anything on them for some time....

They seem to have grasped the reality of their situation:

Mr Jackson, 62, said: “I’ve got absolutely no idea where we’re going to go. It’s very difficult to rent in the private sector. We only had one year left on our mortgage, and we had £500,000 worth of equity. That’s all going to be lost.”

The Jacksons’ initial debt was £35,000, but has spiralled to £500,000 in legal fees as they pursued the case through the courts. “I really believe that I’ve been seriously let down by the court system. Because we were denied legal aid I’ve quite simply run out of money,” Mr Jackson said.

12 Jul 2016 - http://www.telegraph.co.uk/business/0/l ... urned-bad/

(I have no idea why Mr Jackson thinks that the taxpayer should fund legal disputes relating to his business activities. If he had paid up when the initial £35,000 judgement was made against him, he would still have £465,000 in his pocket today. I wonder if he will ever accept that his own intransigence has caused this, rather than the state's failure to fund yet more litigation?)

[PeanutGallery]

I'm sure you are right, and it's understandable that a beat cop won't be conversant in civil Land Registry matters. What is less understandable is the failure of Derbyshire Police to manage the information available to them. Derbyshire use NICHE, a very powerful database for intel and community policing. It would be trivial to flag that address with a note that the previous occupant was lawfully evicted on <date> and HQ Legal have confirmed that the court order etc were legitimate. Officers attending any incident at that address should note blah blah, and immediately refer to Inspector Blah if it appears that re-occupation or other disorder is likely. Control Room should check NICHE and brief that out when the job is tasked.

That is obviously a very sensible and logical use of the system. Which is probably why the police haven't actually thought to do that.

[Chaos]

This is an interesting area of law. Please feel free to switch off if, unlike me, legislation bores you

[Burnaby49]

This is an interesting area of law. Please feel free to switch off if, unlike me, legislation bores you

OK, this is going too far. I don't allow anyone to mock the Hypnotoad.

[exiledscouser]

That's bullying.

I'm minded to Kermit suicide.

I'm betraying my east European heritage. I'm a tad-Polish.

I parked on double green lines. My car got Toad.

I've gone religious - I'm spawn again.

Aaaand I'll get me coat.