Dear Warwick 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,

steve perkins

Yours faithfully,

steve perkins

Information, Warwick District Council

Thank you for your email.
Please note that our offices are closed between 25 December to 1 January
2020 inclusive. We will endeavour to respond to your email within five
days of our return.

dangos adrannau a ddyfynnir

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Information, Warwick District Council

Dear Mr Perkins

Thank you for your request for information which I acknowledge was received by the District Council on 27 December 2019.

Your request is currently being considered. If the District Council is able to provide you with the information you have requested, then under the Freedom of Information Act you are entitled to receive it within 20 working days.

For your information, the FOI Act defines a number of exemptions which may prevent release of some or all of the information you have requested.  The District Council will assess your information request in light of the exemptions.  If exemptions do apply, then the District Council may decide not to release all, or part, of the information you have requested.  You will be informed if this is the case.

If the information you request contains reference to a third party then they may be consulted prior to a decision being taken by the District Council as to whether to release the information to you.  You will be kept informed if this is the case.

The District Council will not charge a fee to provide you with the information you have requested, provided the cost of dealing with your request is less than £450. If it appears likely that your request will cost more than £450 to deal with then I will write to you again asking if you are willing to pay the fees incurred, and setting out clearly what those fees will be, in accordance with the FOI Act.

If you have any queries or should you wish to make a complaint about the manner in which your request is being dealt with then please do not hesitate to contact me at the above address in the first instance.  Any complaints will be dealt with under the Council’s corporate complaints procedure.

Further information about your rights under the Freedom of Information Act, is available from the Information Commissioner’s Office (0303 123 1113) or on their website www.ico.org.uk, and on the District Council’s website.

Kind regards

Matthew Kinsey
Corporate Support Assistant
Chief Executive’s Office

Corporate Support Team
Warwick District Council
Riverside House
Milverton Hill
Royal Leamington Spa
CV32 5HZ

Telephone 01926 456123

Website: www.warwickdc.gov.uk

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dangos adrannau a ddyfynnir

Jason Smith, Warwick District Council

Dear Steve

As per your information request, please see the following responses to your questions:

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?

Answer: No

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

Answer: 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?

Answer: Not knowingly

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

Answer: We would need to establish the facts and take 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?

Answer: We would need further information and a precise explanation of exactly what you are referring to here. However, it should be noted that creditors and Enforcement Agents have obligations regarding vulnerable debtors and 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?

Answer: Some of your wording needs clarification and is not included in the current legislation. However, the enforcement agency sends a report to us detailing all cases where they have been 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 the enforcement agents even before the case is returned. If we withdraw a case from the enforcement agency because we have become aware that a debtor is vulnerable, or for any other reason, then we would not receive a report from the enforcement agency but the reason for the return should already be 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?

Answer: Not knowingly.

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?

Answer: Warwick District Council requires that our Enforcement Agents comply with the Human Rights Act 1998 (HRA). Taking control of goods affects 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 collection of local revenues to support that democratic society. The procedure involves a series of steps which rarely results in goods actually being removed. The removal of goods for enforcement of government revenues has been challenged in other European countries and was found to be compatible with the European Convention on Human Rights, on which the HRA is based.

Kind regards

Jason Smith
Revenues and Recovery Manager
Warwick District Council

dangos adrannau a ddyfynnir

Dear Jason Smith,

thank you jason

for some clarity in order to help you answer the remainign questions can i give you some context

their is a major bailiff firm that has been found to have arranged a secret indemnity against prosecution from a vulnerable person in care when they seized 800k of assets for a 2k bill in error.

they took the goods from the wrong owner and it put this owner in mental hospital

they kept the indemnity quiet and now leeds cc will be suued for negligence for failign to protect a protected a party and protect non debtors getting damaged by out of control bailiffs

i hope this helps you answer albeit hypothetical to you .it may be worth checkign with your agents their is no secret indemnities written that you are unaware of

Yours sincerely,

steve perkins

Dear Warwick District Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Warwick District Council's handling of my FOI request 'Bailiff indemnities'.

please complete

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/b...

Yours faithfully,

steve perkins