Dear Folkestone & Hythe District 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

Information Governanace, Folkestone & Hythe District Council

[1]Folkestone and Hythe Logo

Thank you for your information access request. A reference number has been
assigned to your enquiry which can be found in the subject line.

A case officer will review this matter shortly. We will endeavour to
supply any information you have requested promptly and within the
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Please ensure you leave the subject line in any correspondence, and
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Information Officer Case Management, Folkestone & Hythe District Council

Dear Steve Perkins 

 

Ref: 00003044 - FOI - Bailiff information

 

Thank you for your information access request dated 20/12/19.

 

We will endeavour to supply the information you have requested promptly
and within the requisite 20 working days. If we think that it will take
longer, we will contact you.

 

Please ensure you leave the subject line in any correspondence, and
respond to the last item of correspondence relating to the case. This will
enable us to locate your request and respond appropriately. The reference
number for your file is shown above in the subject line.

 

For additional information about how your personal data will be used
please see the [1]access to information privacy notice.

 

Kind regards,

 

Case Management (Support Services)

Information Governance

Folkestone & Hythe District Council.
Email: [2][Folkestone & Hythe District Council request email]
Website: [3]Home | [4]FOI and Data | [5]Privacy
Follow us on [6]Twitter and [7]Facebook

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References

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2. mailto:[Folkestone & Hythe District Council request email]
3. http://www.folkestone-hythe.gov.uk/
4. https://www.folkestone-hythe.gov.uk/your...
5. https://www.folkestone-hythe.gov.uk/medi...
6. http://www.twitter.com/shepwaydc
http://www.twitter.com/shepwaydc
7. http://www.facebook.com/shepwaydistrictc...
http://www.facebook.com/shepwaydistrictc...

Information Officer Case Management, Folkestone & Hythe District Council

Dear Steve Perkins,

 

I am writing in respect of your information access enquiry dated 20
December 2019.  Please accept our sincere apologies that it was not
possible to respond within 20 working days and for the inconvenience
caused.  This request has been handled under the Freedom of Information
Act 2000. 

 

Please find below information in response to your request.

 

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?

            The contract does not stipulate what indemnities or clauses a
contractor may or may not use in their own terms of business, provided
there is a legal basis for the terms and they do not contradict the terms
of out contract.

 

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

The contract does not stipulate what manner of arrangements the contractor
may offer.

 

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 didn’t inform you?

The contractor is required to comply with the Equalities Act and any
breach of the Equalities Act may be a breach of contract.

 

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

Any potential breach of contract or breach of law by the contractor would
need to be investigated before determining the appropriate action.

 

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?

The contract does not stipulate what indemnities a contractor may or may
not use in their own terms of business. Any potential breach of contract
or breach of law by the contractor would need to be investigated

 

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

Our specification doesn’t have any report specific to vulnerable
customers, but they do report on returned cases

 

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?

During the tender process, companies must disclose information relating to
any previous unlawful activity. A company which has done so may be
excluded or will be excluded from consideration if they cannot demonstrate
sufficient controls are in place to ensure compliance with law. Any
potential breach of contract or breach of law by a contractor during the
contract term would need to be investigated.

 

Should you require any further information, or if you are not satisfied
with our response, please do not hesitate to contact me. You may also
request an internal review by writing to the following address:

 

Freedom of Information Appeals Officer

Compliance & Information Governance

Folkestone & Hythe District Council

Castle Hill Avenue

Folkestone

Kent, CT20 2QY

 

Alternatively you can use our Customer Comment Form which can be accessed
at our website [1]www.folkestone-hythe.gov.uk

 

In addition, if you are not satisfied with our response you may apply to
the Information Commissioner for an independent review at the following
address:

 

The Information Commissioner
Wyncliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Telephone 0303 123 1113 (local rate) or 01625 545 745 (national rate)

[2]www.ico.org.uk

 

There is no charge for making an appeal.

 

Kind regards,

Case Management (Support Services)

Information Governance

Folkestone & Hythe District Council.
Email: [3][Folkestone & Hythe District Council request email]
Website: [4]Home | [5]FOI and Data | [6]Privacy
Follow us on [7]Twitter and [8]Facebook

 

 

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