Dear Stratford on Avon District 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

Info, Stratford on Avon District Council

 

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Info, Stratford on Avon District Council

Stratford on Avon District Council will be closed from 2pm on Monday 24
December 2018 until 8.45am on Wednesday 2 Janaury 2019.  If you have not
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Stratford on Avon District Council

Processing FOI request
FOI #14493
We have started processing your FOI request, a response may take up to 20
working days. If you have not received a response after 27/01/2020 please
contact the council ([email address]).

Your FOI reference number is #14493

Regards
Freedom of Information Officer
Stratford-on-Avon District Council

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quicker and more efficient!

[1]Go to the FOI Portal on our Web site

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you are not the intended recipient, please notify the sender immediately.

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risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
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attachments).

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Stratford on Avon District Council

FOI Response #14493
FOI #14493
Dear claire moore

Please see below responses which have been done in liaison with our
Enforcement Agents:

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? - 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 didnt inform you? –
Not knowingly

4. How would you react if they did this without you knowing? – We would
investigate the full facts and act accordingly.

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
.? - creditors and Enforcement Agents have obligations regarding
vulnerable debtors ad we expect the enforcement agents to fulfil theirs.

6. Must enforcement agents always report failed levies and a full report
when dealing with vulnerable customers? - We do receive from Enforcement
Agencies a report on all cases where the enforcement agent is unable to
collect monies and responsibility for the case is handed back to the
council. Full case details are available to the council on the cases held
by enforcement agents even before the case is returned. If we withdraw a
case from an enforcement agency because we become aware that a debtor is
vulnerable or for any other reason then we would not get a report from the
enforcement agency but the reason for the return should be already in our
possession.

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 ? – Not knowingly.

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? - We require
our Enforcement Agents to comply with the Human Rights Act 1998 (HRA).
Taking control of goods affects the rights under Article 8 and Article 1
of the First Protocol. Both these rights are qualified and so the HRA
permits interference with these rights where the action taken is permitted
in UK law which is accessible and precise, where the action is in pursuit
of a legitimate claim and where the action is necessary in a democratic
society. The taking control of goods is in accordance with the procedure
defined in Schedule 12 to the Tribunals Courts and Enforcement act 2007,
is in pursuit of a legitimate aim and is necessary in a democratic society
for the collecting local revenues to support that democratic society. The
procedure involves a series of steps which rarely results in goods
actually being removed. In fact no goods have ever been removed for West
Berkshire Council by enforcement agents of this company. The removal of
goods for enforcement of government revenues has been challenged in other
European countries and has found to be compatible with the European
Convention on Human Rights, on which the HRA is based.

If you are dissatisfied with the handling of your request, you have the
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submitted in writing within 40 working days of receiving the original
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Phil Grafton, Monitoring Officer, Stratford-on-Avon District Council,
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Regards
Freedom of Information Officer
Stratford-on-Avon District Council

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This e-mail is confidential and may contain legally privileged
information. You should not disclose its contents to any other person. If
you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
out your own virus checks before opening the e-mail (and/or any
attachments).

Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and do not impose any legal obligation upon
the Council or commit the Council to any course of action.

Please visit www.stratford.gov.uk/privacy to view our privacy notice.

Dear Stratford on Avon District Council,

fantastic reply .well done
human rights article 1 p 1 is overlooked by 90 per cent of the councils we have asked this question to
it is important rates managers make sure a fair and balance test is done before seizing

you will not be subject to negiligence claims unlike one large council we are aware of

please ask your agents to confirm they have no secret deals done with customers they have not disclosed to you
one major firm has been found out to get themselves a little bit more security
Yours faithfully,

claire moore

Info, Stratford on Avon District Council

 

Thank you for your email

 

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correspondence and you will receive an official response in due course.

 

Please Note: This is an automated response - Please do not reply to this.

 

Customer Services Centre
Stratford on Avon District Council, Elizabeth House, Church Street,
Stratford upon Avon, Warwickshire, CV37 6HX
Switchboard +44 (0)1789 267575, email [1][Stratford on Avon District Council request email], web
[2]www.stratford.gov.uk

dangos adrannau a ddyfynnir

This e-mail is confidential and may contain legally privileged
information. You should not disclose its contents to any other person. If
you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
out your own virus checks before opening the e-mail (and/or any
attachments).

Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and do not impose any legal obligation upon
the Council or commit the Council to any course of action.

Please visit www.stratford.gov.uk/privacy to view our privacy notice.

References

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mailto:[Stratford on Avon District Council request email]
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