Dear Stirling 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

FOI, Stirling Council

Dear Ms Moore,

Your request for information has been logged and allocated reference FOI/13641.

Your request will be dealt with under the Freedom of Information (Scotland) Act 2002 (FOISA), and if determined appropriate to do so during the course of your request, also the Environmental Information (Scotland) Regulations, 2004 (EIRs).

Your request will be forwarded to the service area(s) holding the information. Please note, the service area(s) holding the information may need further information from you to locate the information sought once they have received the request, and you will be contacted again should this be necessary.

Unless clarification is required your request will be answered promptly, and within twenty working days of the date your request was received – in this case no later than 28/01/20

Yours sincerely,

Fiona McCallum

Records & Information Governance Team
Stirling Council
Stirling FK8 2ET
01786 233988
[Stirling Council request email]

dangos adrannau a ddyfynnir

FOI, Stirling Council

Dear Ms Moore,

 

I refer to your request for information, logged by us as FOI/13641 and can
provide the following 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 prior agreement of the council in cases where they have wrongfully
seized when the customer is identifiably vulnerable?

No

 

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

N/A

 

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?

No

 

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

The service would report to management/procurement

 

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?

Yes

 

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

No

 

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?

No

 

8.       Before a seizure of a person’s 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

No

 

If you are dissatisfied with the way in which your request for information
has been dealt with you are entitled to request a review of the actions
and decisions made by the Council in relation to your request. Your
request for review must be in writing or some other permanent form stating
your name and address for correspondence, and specifying the request for
information to which your request for review relates and why you are
dissatisfied with the response.

 

You must make your request for review not later than 40 working days after
the expiry of the 20 working day period of response to your initial
request by the Council or not later than 40 working days after the receipt
by you of the information provided, any fees notice issued or any
notification of refusal or partial refusal.

 

Your request for review should be addressed in the first instance to:

Records & Information Compliance Manager, Stirling Council, Viewforth,
STIRLING FK8 2ET email [1][Stirling Council request email]

 

The Records & Information Compliance Manager will then arrange for an
appropriate officer to undertake a review.

 

Please note that in any email you must state your name.

 

If you are dissatisfied with how your request for a review has been dealt
with, then you are entitled to ask the Scottish Information Commissioner
to investigate your case. You must ask the Scottish Information
Commissioner no later than 6 months after the date of receipt by you of
the notice or decision you are dissatisfied with or within 6 months of the
expiry of the period of 20 working days from receipt by the Council of
your request for review.

 

The Scottish Information Commissioner recommends that you appeal online.
The online appeal service is available here:
[2]www.itspublicknowledge.info/Appeal   

You do not need to submit an appeal online, but if you do it will ensure
the Commissioner is provided with all the information required to
investigate your case quickly.

 

For further information about making an appeal to the Scottish Information
Commissioner, including how to submit an appeal by email or post, see:

[3]http://www.itspublicknowledge.info/YourR...

 

If you do not have access to the internet, you can contact the Scottish
Information Commissioner at Kinburn Castle, Doubledykes Road, St Andrews,
Fife KY16 9DS, Tel: 01334 464610 Email:
[4][email address]

 

You also have the subsequent right of appeal to the Court of Session, on a
point of law only, if dissatisfied with a decision issued by the
Commissioner. Any such appeal must be made within 42 days of the date of
intimation of the Commissioner's decision notice.

 

Yours sincerely,

 

Records & Information Governance Team

Stirling Council

01786 233988

[5][Stirling Council request email]

 

dangos adrannau a ddyfynnir