Bailiff Contracts with Bexley

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Dear Mr Amie,

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

I acknowledge your request for information received on 26th January 2012.

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Dear Mr Amie

 

Thank you for your freedom of information request concerning bailiffs.

 

Your request has been considered and our response is shown below.  

 

Please note that although the companies shown below effectively work for
Bexley in recovering monies due they are employed by our contractors NSL
and Capita.  We do not directly employ bailiffs.

 

The arrangement between the contractors vary slightly the response is
therefore split between those employed by NSL and Capita.

 

Capita

 

      List of Bailiff Companies actively working for Bexley from 6 May

     2011 to todays Date.

 

     Equita Ltd, Chandlers Ltd, Ross & Roberts Ltd

    

     I would like copies of each company’s signed Contract and Bailiff

     Agreement with Bexley Council.

    

     This information is not held by Bexley.

    

     I would also like to see names and certificate numbers, including

     County Court Registrations, of all individuals who were and still

     are enforcing warrants on your approval.

     

     No warrants have been obtained

    

     How much money does a Bailiff pay the Council, to obtain an

     Enforcement Warrant?

 

      We do not have any enforcement warrants. However should we do so no

       payment would be received from a Bailiff as the only payment would
be

       to the Magistrates' court for obtaining the warrant.

    

     Does the Council perform any checks to ensure that the Bailiffs

     sent in their name are behaving according to law?

 

     Monitoring procedures form part of the contract the Council has with
its suppliers.

    

     Does the council sanction any bailiff found not to be operating

     according to the signed Bailiff Agreement between Bexley and the

     Bailiff?

 

      This would be a contractual issue between the Council and the
contractor and would be dependant on the individual circumstances.  If
this           situation were to arise it would be the contractor who
would take any necessary action against the bailiff.

    

     What kind of Sanction is used?

 

      This would be an issue between contractor and bailiff

    

     Is this Sanction then publicly shown?

 

     See above    

    

     What forms of identification are mandatory for a Bailiff acting on

     the instructions of Bexley Council, when attempting to remove

     goods?

 

     The Council will expect a Bailiff to carry Photographic
Identification, Authority to Act on behalf of the Council

       and a current bailiff certificate issued by a County Court.

    

     Does the Council check that Bailiffs operating on their behalf

     perform correctly when dealing with vulnerable people, such as the

     elderly, unemployed , unable to pay, or people who are ill?

 

     If individuals are known to be vulnerable the bailiffs will not call
or if only known to the bailiff when visiting

     they will withdraw from the premises.

    

     Does the council permit the sub-contracting ,i.e passing on of

     Warrants from one company to another?

 

    If a committal or arrest warrant was obtained it would not be
permitted for it to be sent to another enforcement company

     without the agreement of the Council.    

    

     Where this has occurred, are all Bailiffs concerned still

     scrutinised by Bexley Council for identifications and Certificates?

 

    If another company were used the Council would require that this
happens. 

    

     What is the average total sum personally earned by a Bailiff

     working for Bexley Council?

 

      The Council does not hold information concerning the contractors
employees.       

 

NSL

 

I would like copies of each company’s signed Contract and Bailiff

Agreement with Bexley Council.

 

 This information is not held by Bexley.

 

I would also like to see names and certificate numbers, including

County Court Registrations, of all individuals who were and still

are enforcing warrants on your approval.

 

No data held

 

How much money does a Bailiff pay the Council, to obtain an

Enforcement Warrant?

 

A warrant of execution is granted by the Traffic Enforcement Centre. The
only payment made to the council is for the outstanding Penalty Charge
collected by the bailiff. There are no other fees or payments made to or
from the bailiffs to the council.

 

Does the Council perform any checks to ensure that the Bailiffs

sent in their name are behaving according to law?

 

If the debtor considers the bailiff has acted incorrectly they can raise
this with the county Court that issued the bailiff with their collection
warrant. This cannot be done via the Traffic Enforcement Centre at
Northampton County Court

 

Does the council sanction any bailiff found not to be operating

according to the signed Bailiff Agreement between Bexley and the

Bailiff?

What kind of Sanction is used?

Is this Sanction then publicly shown?

 

The Council does not sanction any bailiffs who are found not to be
operating according to the signed Bailiff Agreement, however the Council
would discuss the matter with JBW and appropriate action would be taken by
them as they employ the bailiffs.

 

 

What forms of identification are mandatory for a Bailiff acting on

the instructions of Bexley Council, when attempting to remove

goods?

 

This information can be found in Enforcement of Road Traffic Debts
Certificated Bailiff Regulations 1993 (as amended)

 

Does the Council check that Bailiffs operating on their behalf

perform correctly when dealing with vulnerable people, such as the

elderly, unemployed , unable to pay, or people who are ill?

 

Yes. Bailiffs contact the Council when they believe the debtor to be
vulnerable.

 

Does the council permit the sub-contracting ,i.e passing on of

Warrants from one company to another?

 

This practice is neither endorsed or discouraged within the agreement

 

Where this has occurred, are all Bailiffs concerned still

scrutinised by Bexley Council for identifications and Certificates?

 

It is the responsibility of JBW to ensure all agents conform with the
legal regulations. The London Borough of Bexley do not carry out direct
checks in this respect.

 

What is the average total sum personally earned by a Bailiff

working for Bexley Council?

 

This data is not held.

 

 If you are dissatisfied with the handling of your request please contact
the FOI Review Officer by email to [Bexley Borough Council request email] 

 

You can also complain to the Information Commissioner at:

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF

Telephone:   0303 123 1113,  Website: [1]www.ico.gov.uk

 

 Yours sincerely

 

 

 

Trevor Mogg
Procurement Manager
London Borough of Bexley
[2][email address]
Direct dial 0203 045 5130

 

 

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I am out of the office on Wednesday 28th March. If your enquiry cannot await my return please ring 020 3045 5130 and another procurement officer will take your call. This email has not been forwarded.

Trevor

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