Dear Chorley Borough Council,

can you please answer under public interest using yes or no answers...
they will be contained within your code of ethics and your contracts or simply in any code of conduct.this is not a complaint against your council but research into how bailiffs can be a law unto themselves if not watched

1. Does your enforcement agent contract allow your enforcement agents to issue an
indemnity against prosecution for themselves without the agreement of the council in
cases where they have wrongfully seized when the customer is identifiably vulnerable?
2. Have you ever allowed bailiffs to make their own settlement agreements where goods
have to be returned after 3 months?
3. Would you allow enforcement agents to breach the equalities act by achieving a gain whilst someone is under mental health treatment if it meant your
business rates were collected,even if they didnt inform you?
4. How would you react if they did this without you knowing?
5. Would you class a secret indemnity kept from the council which achieves a gain at the cost to the
vulnerable victim a material breach of contract .?
6. Must enforcement agents always report failed levies and a full report when dealing
with vulnerable customers
7.would you employ enforcement agents that have fraudulently concealed information that could cause litigation to the council or serious damage to a protected party in the past ?
thank you for your public concern in answering these questions asap.
8.who are your current agents

Yours faithfully,

steve perkins

Contact, Chorley Borough Council

Thank you for your email.

 

We will deal with your enquiry as quickly as possible. You may find the
information you need on our website.

 

Kind Regards

 

Chorley Council

 

( 01257 515151 | 8 [1]chorley.gov.uk
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foi, Chorley Borough Council

Dear Steve

REQUEST FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT 2000

OUR REFERENCE: FOI/19/558

Thank you for your request under the Freedom of Information Act 2000. Please quote the above reference number in all future correspondence.

I can confirm that we have received your request for information, and that it is being dealt with under the terms of the Freedom of Information Act 2000 or if appropriate the Environmental Information Regulations 2004, which requires us to respond to your enquiry within 20 working days of its receipt. You should therefore expect to receive a response by 24 January 2020.

Please note that the information provided by Chorley Borough Council is intended for your personal use. If it is your intention to re-use the information for commercial gain, you will need to apply to the Council for a licence to re-use it, under the Re-Use of Public Sector Information Regulations 2005.

Information on the regulations can be obtained from the Office of Public Sector Information and accessed directly on their website:
http://www.opsi.gov.uk

Yours sincerely

FOI Department
Chorley Council

dangos adrannau a ddyfynnir

foi, Chorley Borough Council

Dear Steve

 

I am writing in response to your request for information under the terms
of the Freedom of Information Act 2000

 

Please find below, the details of your request and our response in purple.

 

REQUEST:-

 

Dear Chorley Borough Council,

 

can you please answer under public interest using yes or no answers...

they will be contained within your code of ethics and your contracts or
simply in any code of conduct.this is not a complaint against your council
but research into how bailiffs can be a law unto themselves if not watched

 

 1. Does your enforcement agent contract allow your enforcement agents to
issue an indemnity against prosecution for themselves without the
agreement of the council in cases where they have wrongfully seized
when the customer is identifiably vulnerable?

No. No person is allowed to “issue an indemnity against prosecution” in
respect of themselves or anyone else so your question is misconceived.

 2. Have you ever allowed bailiffs to make their own settlement agreements
where goods have to be returned after 3 months?

Not applicable – this information is not recorded.

 3. Would you allow enforcement agents to breach the equalities act by
achieving a gain whilst someone is under mental health treatment if it
meant your business rates were collected,even if they didnt inform
you?

This information is not recorded. However we do not accept the premise of
the question that “lawful enforcement” would automatically breach the
Equalities Act. Notwithstanding this, Chorley Council would not encourage
or condone any enforcement agent to breach the Equalities Act and/or any
other law.

 4. How would you react if they did this without you knowing?

This information is not recorded. However There would be a formal
investigation if there were credible evidence supported by evidence of a
breach of the equalities act.

 5. Would you class a secret indemnity kept from the council which
achieves a gain at the cost to the vulnerable victim a material breach
of contract .?

Without any context we do not feel able to properly answer this question.
This is not information which is recorded.

 6. Must enforcement agents always report failed levies and a full report
when dealing with vulnerable customers

Since the Taking Control of Goods Regulations 2013 came into force
enforcement agents no longer levy on goods. Rather they take control
within the meaning of the Tribunals, Courts and Enforcement Act 2007.
Although not required under the contract with the Council, enforcement
agents acting for Chorley Council regularly provide a list of debtors whom
they have identified as vulnerable.

       7.would you employ enforcement agents that have fraudulently
concealed information that could cause litigation to the council or
serious damage to a protected party in the past ?

         This is not information which is recorded. This is a hypothetical
question and without context we cannot answer this. Chorley Council would
investigate any credible allegation of fraud supported by evidence
however.

thank you for your public concern in answering these questions asap.

       8.who are your current agents

          Rundles & Co and Jacobs in respect of Business Rates and Council
Tax. Jacobs, Rossendales & Phoenix in respect of Parking.

 

 

I hope the information provided here answers your enquiry.  If however,
you are unhappy with the outcome, or the way in which Chorley Council has
handled your request, you may wish to make an appeal.  This can be done in
writing to the Chief Legal Officer, Chorley Council, Town Hall, Market
Street, Chorley, PR7 1DP, or by e-mail to: [1][email address]  clearly
stating your reasons for dissatisfaction.  Please quote the above
reference number in all correspondence.

 

If your appeal is not upheld or you remain dissatisfied with our decision,
you can complain to the Information Commissioner by completing their
complaints form which can be found at:

[2]https://ico.org.uk/make-a-complaint/your...

 

The completed form may be submitted by e-mail to [3][email address] or
by post to Customer Contact, Information Commissioner’s Officer, Wycliffe
House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

Please note that the information provided by Chorley Borough Council is
intended for your personal use. If it is your intention to re-use the
information for commercial gain, you will need to apply to the Council for
a licence to re-use it, under the Re-Use of Public Sector Information
Regulations 2005.

 

Yours sincerely

 

FOI
Chorley Council

( 01257 515151 | 8 [4]chorley.gov.uk
Come and enjoy a great day out for all generation of the family at Chorley
Flower Show on 27 and 28 July – for more info and advance tickets click
[5]here.

You can make service requests online at [6]chorley.gov.uk, and it’s even
faster if you use '[7]My Account'

 

This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If they have come to you in error you must not use, copy or communicate
them to anyone. Please advise the sender and permanently delete the e-mail
and attachments. Please note that while Chorley Council has policies in
place requiring its staff to use e-mail in an appropriate manner, any
views expressed in this message are those of the individual sender may not
necessarily reflect the views of Chorley Council. Chorley Council may
monitor e-mails sent or received.

References

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http://chorley.gov.uk/
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Dear foi,

I thank you for taking time to attempt to answer our questions as per the other 65 councils who have done the same
maybe you can answer more fully having some context

I agree in your case it is hypothetical but it has been made aware at least one large enforcement firm has made indemnity agreements with vulnerable people that their customer a large council were not aware of until recently

In the public interest can we ask you re answer them from your point of your code of ethics and your contract

To explain the situation

A bailiff with a past history of gross misconduct in previous jobs seizes goods worth approx 800 to the customer for a 2k business rates bill.however the customer informs the bailiff the goods are not owned by the debtor company .the bailiff proceeds anyway .the bailiff has been told their are 7 jobs at risk and that he would be breaching human rights if they continued to levy in the manner they were going to

After 24 hours invoices proving ownership and value were sent to the council and to the bailiff.goods were still not returned.customer went into mental health panic due to his personal relationship with the goods ie pg

for 3 months goods were not returned .finaly bailiffs said goods could be returned if person in hospital signed a indemnity to say customer would not sue for excessive and wrongful possesion .he did as his funders wanted the goods selling before they depreciated further .7 jobs had already gone as a result of this act
Tthe bailiffs failed to tell the council of the failed levy and the indemnity that covered only themselves.this breaks equality and to be honest is coercian

the council were not aware of this failed levy until proceedings for negligence arose .

your answers can be based on the above so that the public will eb aware that you will or will not allow bailiffs to make indemnities for themselves that put them at risk.please confirm if this is a material breach of your contract and ethics

thank you

Yours sincerely,

steve perkins

foi, Chorley Borough Council

1 Atodiad

Good Morning Steve

 

With reference to your additional email received for FOI 19 558 (attached
for your reference).  Our further response(s) can be found below in red.

 

Regards

 

FOI Co-Ordinator
Chorley Council

( 01257 515151 | 8 [1]chorley.gov.uk
Have your say on our budget plans – take part in the consultation [2]here.

You can make service requests online at [3]chorley.gov.uk, and it’s even
faster if you use '[4]My Account'

 

From: foi
Sent: 10 January 2020 14:57
To: steve perkins <[FOI #629589 email]>
Subject: FOI/19/558 Response

 

Dear Steve

 

I am writing in response to your request for information under the terms
of the Freedom of Information Act 2000

 

Please find below, the details of your request and our response in purple.

 

REQUEST:-

 

Dear Chorley Borough Council,

 

can you please answer under public interest using yes or no answers...

they will be contained within your code of ethics and your contracts or
simply in any code of conduct.this is not a complaint against your council
but research into how bailiffs can be a law unto themselves if not watched

 

 1. Does your enforcement agent contract allow your enforcement agents to
issue an indemnity against prosecution for themselves without the
agreement of the council in cases where they have wrongfully seized
when the customer is identifiably vulnerable?

No. No person is allowed to “issue an indemnity against prosecution” in
respect of themselves or anyone else so your question is misconceived.

 2. Have you ever allowed bailiffs to make their own settlement agreements
where goods have to be returned after 3 months?

Not applicable – this information is not recorded.

 3. Would you allow enforcement agents to breach the equalities act by
achieving a gain whilst someone is under mental health treatment if it
meant your business rates were collected,even if they didnt inform
you?

This information is not recorded. However we do not accept the premise of
the question that “lawful enforcement” would automatically breach the
Equalities Act. Notwithstanding this, Chorley Council would not encourage
or condone any enforcement agent to breach the Equalities Act and/or any
other law.

 4. How would you react if they did this without you knowing?

This information is not recorded. However There would be a formal
investigation if there were credible evidence supported by evidence of a
breach of the equalities act.

 5. Would you class a secret indemnity kept from the council which
achieves a gain at the cost to the vulnerable victim a material breach
of contract .?

Without any context we do not feel able to properly answer this question.
This is not information which is recorded.

              “in view of the content provided our response would be that
the council would undertake a formal investigation if there was any
credible evidence which indicated that there had been a  material breach
of contract and this allegation was supported by evidence”

 

 6. Must enforcement agents always report failed levies and a full report
when dealing with vulnerable customers

Since the Taking Control of Goods Regulations 2013 came into force
enforcement agents no longer levy on goods. Rather they take control
within the meaning of the Tribunals, Courts and Enforcement Act 2007.
Although not required under the contract with the Council, enforcement
agents acting for Chorley Council regularly provide a list of debtors whom
they have identified as vulnerable.

       7.would you employ enforcement agents that have fraudulently
concealed information that could cause litigation to the council or
serious damage to a protected party in the past ?

         This is not information which is recorded. This is a hypothetical
question and without context we cannot answer this. Chorley Council would
investigate any credible allegation of fraud supported by evidence
however.

something along the lines of “As per our previous response the Council
would investigate any allegations of fraudulent activity by our
enforcement agents in the event that they were credible and supported by
evidence”

 

thank you for your public concern in answering these questions asap.

       8.who are your current agents

          Rundles & Co and Jacobs in respect of Business Rates and Council
Tax. Jacobs, Rossendales & Phoenix in respect of Parking.

 

 

I hope the information provided here answers your enquiry.  If however,
you are unhappy with the outcome, or the way in which Chorley Council has
handled your request, you may wish to make an appeal.  This can be done in
writing to the Chief Legal Officer, Chorley Council, Town Hall, Market
Street, Chorley, PR7 1DP, or by e-mail to: [5][email address]  clearly
stating your reasons for dissatisfaction.  Please quote the above
reference number in all correspondence.

 

If your appeal is not upheld or you remain dissatisfied with our decision,
you can complain to the Information Commissioner by completing their
complaints form which can be found at:

[6]https://ico.org.uk/make-a-complaint/your...

 

The completed form may be submitted by e-mail to [7][email address] or
by post to Customer Contact, Information Commissioner’s Officer, Wycliffe
House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

Please note that the information provided by Chorley Borough Council is
intended for your personal use. If it is your intention to re-use the
information for commercial gain, you will need to apply to the Council for
a licence to re-use it, under the Re-Use of Public Sector Information
Regulations 2005.

 

Yours sincerely

 

FOI
Chorley Council

( 01257 515151 | 8 [8]chorley.gov.uk
Come and enjoy a great day out for all generation of the family at Chorley
Flower Show on 27 and 28 July – for more info and advance tickets click
[9]here.

You can make service requests online at [10]chorley.gov.uk, and it’s even
faster if you use '[11]My Account'

 

This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If they have come to you in error you must not use, copy or communicate
them to anyone. Please advise the sender and permanently delete the e-mail
and attachments. Please note that while Chorley Council has policies in
place requiring its staff to use e-mail in an appropriate manner, any
views expressed in this message are those of the individual sender may not
necessarily reflect the views of Chorley Council. Chorley Council may
monitor e-mails sent or received.

References

Visible links
1. chorley.gov.uk
http://chorley.gov.uk/
2. here
https://chorley.gov.uk/Pages/AtoZ/Consul...
3. chorley.gov.uk
http://chorley.gov.uk/
4. My Account
https://myaccount.chorley.gov.uk/Login.a...
5. mailto:[email address]
6. https://ico.org.uk/make-a-complaint/your...
7. mailto:[email address]
8. chorley.gov.uk
http://chorley.gov.uk/
9. here
http://www.chorleyflowershow.com/
10. chorley.gov.uk
http://chorley.gov.uk/
11. My Account
https://myaccount.chorley.gov.uk/Login.a...