Dear St Helens Metropolitan Borough Council,

can you please answer under public interest using yes or no answers or a detailed description if you wish ...

the answers should 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 prior
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.before a seizure of a persons assets do you make sure under human rights act that the bailiff has done a fair and balanced test with regards to whether the seizure is in the favour of the public interest

Yours faithfully,

claire moore

Yours faithfully,

claire moore

Contact Centre, St Helens Metropolitan Borough Council

Dear Claire Moore

Thank you for your recent request for information, which will be treated
as a request under the Freedom of Information Act 2000/Environmental
Information Regulations 2004 (EIR).

Your enquiry has been given a reference number 20191227-00108-1. Please
quote this reference in any future correspondence with us concerning this
matter.

If the information you are requesting falls under EIR (see [1]here for
more details) then a charge may be applicable in line with [2]guidance
from the Information Commissioner's Office. Once your request has been
reviewed you will be informed of an appropriate charge that may be
applied.

In accordance with the Act, a response will be sent to you within 20
working days from the date following the receipt of the request or receipt
of an applicable payment.

Kind regards,
St. Helens Council
01744 676789

------------------------ Original Email -------------- Received On:
27/12/2019 13:59:10 GMT
Subject:Freedom of Information request - Bailiff indemnities

Dear St Helens Metropolitan Borough Council, can you please answer under
public interest using yes or no answers or a detailed description if you
wish ... the answers should 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 prior 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.before a seizure of a
persons assets do you make sure under human rights act that the bailiff
has done a fair and balanced test with regards to whether the seizure is
in the favour of the public interest Yours faithfully, claire moore Yours
faithfully, claire moore
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dangos adrannau a ddyfynnir

St.Helens Council, St Helens Metropolitan Borough Council

Dear Ms Moore,

Please find attached the response to your recent request under Freedom of
Information.

Q1,2 & 8

All enforcement from uplift of goods is authorised by the Council in line
with legislation.

Q3

No

Q4

Potentially treat as Breach of Contract

Q5

Potentially yes

Q6

The Council has full access to all case details.

Q7

No

 

If you are unhappy with how I have dealt with your request, in the first
instance please write to the Systems and Information Management Officer,
Internal Audit, St Helens Council, Town Hall, Victoria Square, St Helens
Merseyside WA10 1HP. If you remain dissatisfied with the outcome, you have
the right under Section 50 of the Freedom of Information Act to appeal
against the decision by contacting the information Commissioner, Wycliffe
House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours sincerely

Local Taxation Manager

If you disagree with our decision or are otherwise unhappy with how we
have dealt with your request, in the first instance please write to St
Helens Council, Internal Audit, Town Hall, Victoria Square, St Helens,
Merseyside WA10 1HP.
Should you remain dissatisfied with the outcome, you have the right under
Section 50 of the Freedom of Information Act to appeal against the
decision by contacting the Information Commissioner, Wycliffe House, Water
Lane, Wilmslow, SK9 5AF.

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