Dear Stockport 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

FOI Officer, Stockport Metropolitan Borough Council

Dear Ms. Moore,

               

Thank you for your request for information (ref: FOI 5469627) submitted
under the Freedom of Information Act 2000 which has been given the above
mentioned reference number. Please quote this on any correspondence
regarding your request.

                               

Stockport Council will respond to your request within 20 working days from
the date of receipt. If there will be a charge for disbursements e.g.
photocopying in order to provide the information, we will inform you as
soon as possible to see if you wish to proceed; however such charges are
usually waived if they amount to less than £10.

                                               

Yours sincerely,

 

Robert McCarten

CSS Officer – Information Governance

1^st Floor South, Stopford House

Stockport Metropolitan Borough Council, SK1 3XE

Tel: 0161 474 3319

 

 

dangos adrannau a ddyfynnir

FOI Officer, Stockport Metropolitan Borough Council

Dear Ms Moore,

 

I am writing in response to your request for information (ref FOI 5469627
).

 

The relevant Council Service(s) has searched for the requested information
and our response is as follows.

                                  

Dear Stockport 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

 

General comment :    The contract for enforcement  services is a call off
under the Rotherham MBC framework which meets procurement and legal
requirements.  

 

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 – the conditions of the contract are clear and should be followed  

 

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

No

 

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?

Carry out a full investigation and take appropriate advice  

 

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
.?

We would carry out a full investigation and take appropriate advice  

 

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

We are provided with a report on all cases that are returned .

 

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 ?

Contracts are awarded through the appropriate procurement processes which
consider an extensive  range of criteria.

 

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

 

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

Relevant legislation and processes are followed  

 

If you are unhappy with the way we have handled your request for
information, you are entitled to ask for an internal review; however you
must do so within 40 working days of the date of this response. Any
internal review will be carried out by a senior member of staff who was
not involved with your original request. To ask for an internal review,
contact [1][email address] in the first instance.

                          

If you are unhappy with the outcome of any internal review, you are
entitled to complain to the Information Commissioner. To do so, contact:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

[2]www.ico.gov.uk

 

0303 123 1113

Yours sincerely,

 

Paul Metcalf

Information Governance Officer

+: Stockport Council | 1^st Floor South Stopford House | Stockport | SK1
3XE

( : 0161 474 4299

        0161 474 3315

*: [3][email address]

::[4]http://www.stockport.gov.uk

 

 

Confidentiality:- This email, its contents and any attachments are
intended only for the above named. As the email may contain confidential
or legally privileged information, if you are not, or suspect that you are
not, the above named or the person responsible for delivery of the message
to the above named, please delete or destroy the email and any attachments
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References

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Dear FOI Officer,

thank you for your prompt reply and transparancy

Yours sincerely,

claire moore