Company 5049875/121Media/Phorm Inc

Dear Mr John

I refer to your freedom of information requests attached.

Having considered your enquiries, I have concluded that these should not
be dealt with under the Freedom of Information Act and should instead be
dealt with as a potential complaint regarding the content of stationery
supplied by a company. Effectively, you are enquiring whether or not the
stationery complies with the Companies Act. Therefore it does not seem
appropriate to deal with your enquiries via the freedom of information
website ‘whatdotheyknow’.

To enable me to forward your enquiries to the appropriate team within
Companies House, I would be grateful if you could let me have your own
contact address.

Yours sincerely

Mrs C Harnett

Information Rights Team

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Dear Mr John

I think there may be some confusion, I have not anticipated your reason or
motive for requesting the information and I should emphasise your enquiry
has not been refused.

Your request for information detailed in your emails dated 13 August 2010
at 22:41 and 14 August 2010 at 09:41, I believe, can be summed up by your
last statement in your email on 14 August

“Consequently, it seems to me that in every possible respect, the
footer in the letter sent to you by Phorm UK Inc is false”

The information you have asked for concerns the business stationary and
whether it complies with the Companies Act. On the Information Rights
Team we cannot deal with company matters that are routinely dealt with by
other teams in Companies House who follow up enquiries and complaints and
pursue companies in default. These requests, similar to yours, are often
received in Companies House and are dealt with by our Technical Offences
Team who treat such enquiries as complaints.

I should point out that we in the Information Rights team do not have the
technical expertise to pursue these types of issues.

The Technical Offences Team will look at your enquiry and the stationary
in question and will determine whether the complaint is valid or not. If
deemed necessary they will contact the company in question to ask them to
rectify any irregularities. They will also contact you directly to
explain and verify for you, the regulations under the Companies Act
concerning business stationary.

You have asked if the stationary is ‘false’ and therefore your enquiry
will be dealt with as an investigation. Companies House does not need to
consider whether we hold any information and we therefore do not need to
consider whether any information should be disclosed to you under the
Freedom of Information Act. For this reason your enquiry should not
remain on the ‘whatdotheyknow’ website as this is specifically for
Freedom of Information requests.

I assure you that your enquiry will be dealt with and your questions
concerning the requirements for business stationary will be answered by
our Technical Offences Team.

I would be grateful for a contact point that I can forward to the
Technical Offences Team to enable them to take this matter further and
respond to you directly.

Yours sincerely

Mrs C Harnett

Information Rights Team

>>> "P. John" <[FOI #44473 email]> 21/08/2010 07:08
>>>
Dear Mrs Harnett,

thank you for your note.

In it you say "Effectively, you are enquiring whether or not the
stationery complies with the Companies Act".

Please can I draw your attention to the advice documents published
by the ICO:
"Freedom of Information Good Practice Guidance No 6
Consideration of requests without reference to the identity of the
applicant or the reasons for the request" (*)

which quotes the Information Tribunal;

"There is no provision for a public authority to decide whether the
application merits a response, or to appease what they consider the
motive to be behind the request, instead of answering the request
itself."

Other guidance on Interpreting Requests states;

"You should not... refuse a request on the grounds that the
information would not meet the stated purpose or interest of the
requester;" (**)

Please could I ask you to provide the requested information without
anticipating the precise purposes for which the information will be
used, or my interest in that information?

many thanks
Yours sincerely,

P. John

(*)

[1]http://www.ico.gov.uk/upload/documents/l...
(**)

[2]http://www.ico.gov.uk/upload/documents/l...

show quoted sections

Dear Mr John

Further to my email to you on 24 August 2010 regarding your complaint
about the business stationary of Phorm Uk Inc.

I do not appear to have received a response from you to provide your
contact details to proceed with your complaint?

However, I have been made aware that you have raised your complaint
concerning the business stationary with our Overseas Section and they are
in the process of dealing with the issues you raise.

I will now close my file on this freedom of information request as your
enquiry is being dealt with as a complaint within the appropriate
department in Companies House.

Regards

Mrs C Harnett

Information Rights Team

This message and any attachments are intended for the persons named as
addressees only and may contain confidential information. In addition they
may be protected by copyright.

If you receive it in error, notify us, delete it and do not make use of or
copy it. You must not copy, disseminate or otherwise distribute or
publish this message, except for the purposes for which this message is
intended, without our consent.

Please note that this e-mail has been created in the knowledge that
Internet e-mail is not a 100% secure communications medium. We advise that
you understand and accept this lack of security when e-mailing us.

For company information, guidance and how to file documents online, please
see our website [1]www.companieshouse.gov.uk.

This message has been scanned for viruses by [2]Hosted Security, a service
from [3]Websense

References

Visible links
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