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Bailiff fees unpaid by debtor for council tax recovery

Neil Gilliatt made this Freedom of Information request to Oldham Metropolitan Borough Council

The request was successful.

From: Neil Gilliatt

3 May 2011

Dear Oldham Borough Council,

In cases allocated to bailiffs for collection of council tax; do
Oldham Borough Council pay the bailiff their fees for work carried
out by them when the debtor does not because of direct settlement
of the account with the authority?

If compensation to bailiffs is paid by the council due to debtors
not paying bailiffs their fees; what are the annual figures for the
years 2002 to date with respect to this payment?

Yours faithfully,

Neil Gilliatt

Link to this

From: Nicola Jumeaux
Oldham Metropolitan Borough Council

4 May 2011

Dear Mr Gilliat

RE: Request for Information under The Freedom of Information Act 2000

I acknowledge with thanks your request for information. This request has been considered as a request under the Freedom of Information Act 2000.

Your request may take up to 20 working days to be processed, and has been passed onto an appropriate officer.

Please be advised that if an exemption applies to the information that you have requested, the statutory period may be exceeded in accordance with the provisions of that Act.

Should you have any queries, please contact me at [email address]

Yours Sincerely

Nicola Jumeaux
Business Support Officer
Room 445
Oldham Council
Civic Centre
West Street
Oldham
OL1 1UL
Tel: 0161 770 3307
Fax: 0161 770 3701
[email address]

Please use postcode OL1 1NL for Sat Nav

show quoted sections

Link to this

From: Rick Barber
Oldham Metropolitan Borough Council

16 May 2011


Attachment FOI 2846 Gilliatt.docx
134K Download View as HTML


Dear Mr Gilliatt,

Please find attached the response to your freedom of information request.

Many thanks

Rick Barber,

Exchequer Services Client Officer,

Performance, Services & Capacity,

Oldham Council,

Civic Centre,

West St,

Oldham,

OL1 1UT,

': 0161 770 1874

y: [1][email address]

P Before you print think about the ENVIRONMENT

[2][IMG]

show quoted sections

References

Visible links
1. mailto:[email address]
blocked::mailto:[email address]
mailto:[email address]
mailto:[email address]
2. http://www.oldham.gov.uk/e-mail_strap_line

Link to this

From: Neil Gilliatt

24 May 2011

Dear Rick Barber,

Thank you for your response to my FOI regarding bailiff fees.

I note in your response, the following is stated:

".....when external bailiff companies are used payment is made
directly to the council, we will forward part of the payment to the
bailiff company to cover the costs of any fees that have been
legally incurred. Legislation dictates that fees should be paid
before the debt and therefore we are legally obliged to pay the
bailiff company their fees first from any direct payments."

Is this down to Regulation 52(4) of S.I. 613/1992?

If so, I believe this regulation does not refer to bailiff fees as
they don't exist as such, but actually refers to the council's
enforcement fees.

My understanding of this would be that the council would not
legally be obliged to pay the bailiff company any fees because of
this regulation.

Could you please correct me if I have misunderstood any of the
information with an explanation to the true situation.

Yours sincerely,

Neil Gilliatt

Link to this

From: Rick Barber
Oldham Metropolitan Borough Council

24 May 2011

Dear Mr Gilliatt

Thank you for your email.

I will forward this on to the relevant department/person for them to
investigate. 

Once they have carried out their investigations and I have received their
findings I will in due course respond to you answering the questions you
have asked.

Many thanks

Rick Barber,

Exchequer Services Client Officer,

0161 770 1874

[email address]

show quoted sections

Link to this

From: Nicola Jumeaux
Oldham Metropolitan Borough Council

25 May 2011

Dear Mr Gilliat

RE: Request for Information under The Freedom of Information Act 2000

I acknowledge with thanks your request for information. This request has been considered as a request under the Freedom of Information Act 2000.

Your request may take up to 20 working days to be processed, and has been passed onto an appropriate officer.

Please be advised that if an exemption applies to the information that you have requested, the statutory period may be exceeded in accordance with the provisions of that Act.

Should you have any queries, please contact me at [email address]

Yours Sincerely

Nicola Jumeaux
Business Support Officer
Room 445
Oldham Council
Civic Centre
West Street
Oldham
OL1 1UL
Tel: 0161 770 3307
Fax: 0161 770 3701
[email address]

Please use postcode OL1 1NL for Sat Nav

show quoted sections

Link to this

From: Rick Barber
Oldham Metropolitan Borough Council

10 June 2011


Attachment FOI 2846 Gilliatt.docx
135K Download View as HTML


Dear Mr Gilliatt,

Please find attached the response to your freedom of information request.

Many thanks

Rick Barber,

Exchequer Services Client Officer,

Performance, Services & Capacity,

Oldham Council,

Civic Centre,

West St,

Oldham,

OL1 1UT,

': 0161 770 1874

y: [1][email address]

P Before you print think about the ENVIRONMENT

[2][IMG]

show quoted sections

References

Visible links
1. mailto:[email address]
blocked::mailto:[email address]
mailto:[email address]
mailto:[email address]
2. http://www.oldham.gov.uk/e-mail_strap_line

Link to this

From: Neil Gilliatt

10 June 2011

Dear Rick Barber,

Thank you again for adding information to further clarify my FOI
request.

Your explanation regarding the contract between Oldham Borough
council and their appointed bailiff firm could not have been
clearer, however, my query was that Regulation 52(4) of S.I.
613/1992 does not refer to bailiff fees, because these are the
council's enforcement fees. As you pointed out in your last reply –
under your contractual agreement, you allow the bailiff to retain
the enforcement fees themselves.

I perfectly understand when you say "Legislation dictates that fees
should be paid before the debt....", but I fail to see how you "are
legally obliged to pay the bailiff company their fees...", when
they are the council's.

Additionally you must have misunderstood me as I don't remember
stating that costs and charges in respect to levying distress
(including bailiff fees) were laid down in Regulation 52.

By stating that, you "allow the bailiff to retain the enforcement
fees themselves", it is clear that Regulation 45 costs and charges
are not the bailiff's but the council's.

Yours sincerely,

Neil Gilliatt

Link to this

From: Neil Gilliatt

12 July 2011

Dear Rick Barber,

Please acknowledge whether or not you are going to address my email
of June 10.

Yours sincerely,

Neil Gilliatt

Link to this

From: Rick Barber
Oldham Metropolitan Borough Council

12 July 2011

Dear Mr Gilliatt,

I do apologise for the delay in my reply.  I have once again read your
reply dated the 10^th June which after reading I was under the impression
required no further action.  As you are now following this up I now
know you require further information.  Please could you make it clear
what information you would like as after rereading your reply it still
remains unclear.

Many thanks

Rick Barber,

Exchequer Services Client Officer,

': 0161 770 1874

y: [1][email address]

P Before you print think about the ENVIRONMENT

show quoted sections

Link to this

From: Neil Gilliatt

12 July 2011

Dear Rick Barber,

I can see your point why you would regard the contents of my 10
June email as comments rather than a further request for
information.

Therefore I will formulate my question, hopefully in a clearer
format.

Q. With reference to my email of 10 June, please provide
information that explains why Oldham Borough Council "are legally
obliged to pay the bailiff company their fees...", when it is clear
that Regulation 45 costs and charges are not the bailiff's but the
council's.

Yours sincerely,

Neil Gilliatt

Link to this

From: Rick Barber
Oldham Metropolitan Borough Council

12 July 2011

Dear Mr Gilliatt,

Many thanks for your clarification. Please allow 10 working days for me to reply in full.

Thanks

Rick Barber,
Exchequer Services Client Officer,
: 0161 770 1874
0: [email address]
 Before you print think about the ENVIRONMENT

show quoted sections

Link to this

From: Rick Barber
Oldham Metropolitan Borough Council

18 July 2011


Attachment FOI 2905.1 Gilliatt.docx
134K Download View as HTML


Dear Mr Gilliatt,

Please find the response to your freedom of information request. I do now
hope this clarifies all the information you were seeking.

Many thanks

Rick Barber,

Exchequer Services Client Officer,

Assistant Chief Executive's,

Oldham Council,

Civic Centre,

West St,

Oldham,

OL1 1UG,

': 0161 770 1874

y: [1][email address]

P Before you print think about the ENVIRONMENT

[2][IMG]

show quoted sections

References

Visible links
1. mailto:[email address]
blocked::mailto:[email address]
mailto:[email address]
mailto:[email address]
2. http://www.oldham.gov.uk/e-mail_strap_line

Link to this

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