We don't know whether the most recent response to this request contains information or not – if you are danny perkins please sign in and let everyone know.

Enforcement agents duty to disclose

We're waiting for danny perkins to read recent responses and update the status.

Dear Derby City Council,

under foi can you please answer the following for our research purposes only.their is no claim coming

do your enforcement agents under your contract have

a duty to disclose

failed levies where goods have to be returned

settlement agreements after goods have had to be returned

settlement agreements with vulnerable people in hospital where goods have to be returned

If your answers are no given thesethen would be classified as fraud .would you classify these as a material breach ?

would you terminate the contract of any enforcement agent who fails to disclose settlement agreements that may cause the public legal action at a later date ?

thank you for your assistance in our research

Yours faithfully,

Yours faithfully,

danny perkins

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

show quoted sections

To view Derby City Council Privacy Notices please visit
[3]derby.gov.uk/privacy-notice

--------------------------------------------------------------------------

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

--------------------------------------------------------------------------

References

Visible links
1. file:///tmp/www.derby.gov.uk
2. https://derby.gov.uk/mailredirect/
3. https://www.derby.gov.uk/privacy-notice/

FOI, Derby City Council

Dear Danny,

Thank you for your request received 21/02/2021 under the Freedom of
Information Act 2000 (FOIA) about ‘Enforcement Agent Duty to Disclose’.

Unfortunately, the Council is unable to identify the information you have
requested from the details in your request.

 

Please provide clarification on the below, so we can search if we hold the
information.

 

The below questions are not valid requests because it is asking for the
Council’s opinion.

 

 a. If your answers are no given these then would be classified as fraud
.Would you classify these as a material breach ?
 b. Would you terminate the contract of any enforcement agent who fails to
disclose settlement agreements that may cause the public legal action
at a later date ?

 

The Act entitles you to information held by the Council.  Therefore,
please clarify what information you require that may be held in electronic
or paper records. 

 

For example, is the information you want for A - How many incidents about
bailiffs breach of contract were received during 2019/20?

 

The above is for guidance about how to word your question and does not
mean the Council holds the information stated.

 

Therefore, as advised, please refine these questions by clearly describing
the information you think the Council holds in electronic or paper
records.

 

We won’t be able to deal with your request until you provide the
additional information.   

The Freedom of Information Act 2000 says that we must comply with your
request for information within 20 working days, from the date following
receipt of your request unless we have to ask for clarification, as in
this case. The 20 day response deadline clock has stopped from the date of
this email, the clock will reset from the date we receive your response
clarifying your request and we will advise you of the new 20 working day
deadline at this stage.

Unfortunately, if we don’t hear from you by 22/04/2021, we will send you a
refusal notice because we have not received all the information we need to
deal with your request.  

Please contact us if you have any queries or concerns …
 
Freedom of Information Officer
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

Telephone 01332 640763 or e-mail [1][Derby City Council request email]

Further information is also available from the Information Commissioner
at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700

[2]www.ico.org

Yours sincerely,

Freedom of Information Team | Corporate Resources Directorate | Derby City
Council | The Council House| Corporation Street |Derby | DE1 2FS
|Tel: [3]+44 (0) 1332 640763 | minicom number: [4]+44 (0) 1332
256666 | [5]www.derby.gov.uk

* Corona Virus Update – Please note that the safety and well-being of
individuals is the Council’s utmost priority at this time. Statutory
deadlines may not be adhered to, due to the demand placed on services in
dealing with the current pandemic. Further guidance can be found on the
[6]Information Commissioners Office website. We thank you for your
understanding.**

 

 

 

show quoted sections

To view Derby City Council Privacy Notices please visit
[8]derby.gov.uk/privacy-notice

--------------------------------------------------------------------------

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

--------------------------------------------------------------------------

References

Visible links
1. mailto:[Derby City Council request email]
2. http://www.ico.org/
3. http://+44%20(0)%201332 640763/
4. file:///tmp/tel:%2B44%20%280%29%201332%20256666
5. blocked::http://www.derby.gov.uk/ blocked::http://www.derby.gov.uk/ blocked::http://www.derby.gov.uk/ http://www.derby.gov.uk/
http://www.derby.gov.uk/
6. https://ico.org.uk/about-the-ico/news-an...
7. https://derby.gov.uk/mailredirect/
8. https://www.derby.gov.uk/privacy-notice/

Dear FOI,

thank you

we do not believe they are opinion but we can say it would definately be in the public interest to know if your contract does not make these no answers a material breach

if they are not classed as a material breach they are not seen as important to the public purse etc

we will leave to you if you wish to answer but it offers transparancy on what your bailiffs are allowed or not before they perform a material breach

Yours sincerely,

danny perkins

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

show quoted sections

To view Derby City Council Privacy Notices please visit
[3]derby.gov.uk/privacy-notice

--------------------------------------------------------------------------

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

--------------------------------------------------------------------------

References

Visible links
1. file:///tmp/www.derby.gov.uk
2. https://derby.gov.uk/mailredirect/
3. https://www.derby.gov.uk/privacy-notice/

FOI, Derby City Council

Dear Danny,

Thank you for your clarification response.

Your request is being considered and you will receive the information requested as soon as possible, but in any case by 23/03/2021 the statutory timescale of 20 working days as defined by the Freedom of Information Act 2000 (FOI) unless the information requested is subject to a statutory exemption on disclosure or the information contains reference to a third party.

If your request does not include all the information we need or is not clear, we will contact you for more information (clarification). In these circumstances, the 20 working response deadline will start the next working day after we receive your clarification response.

For your information, the Act defines a number of exemptions, which may prevent release of the information you have requested. Some exemptions are subject to a public interest test. There will be an assessment and if any of the exemption categories apply and any relevant public interest test is weighed in favour of withholding the information it will not be released. You will be informed if this is the case, including your rights of appeal.

If the information you request contains reference to a third party then they may need to be consulted before a decision is taken on whether the information can be released to you. You will be informed if this is the case.

There may be a fee payable for supplying the information in the form of disbursements. This will be calculated and you will be informed if a fee is payable. The fee must be paid before the information is released and the 20 working day time limit for responses is suspended until payment is made. You will have 3 calendar months to submit your payment.

If you have any queries or concerns then please contact the

Freedom of Information Officer
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

Telephone 01332 640763 or e-mail [Derby City Council request email]

Further information is also available from the Information Commissioner at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
www.ico.org

Yours sincerely,
Freedom of Information Team | Corporate Resources Directorate | Derby City Council, Council House, Corporation Street, Derby DE1 2FS| 01332 640763 | www.derby.gov.uk

** Corona Virus Update – Please note that the safety and well-being of individuals is the Council’s utmost priority at this time. Statutory deadlines may not be adhered to, due to the demand placed on services in dealing with the current pandemic. Further guidance can be found on the Information Commissioners Office website. We thank you for your understanding.**

show quoted sections

FOI, Derby City Council

1 Attachment

Dear Danny,

 

The Council confirms it holds information that falls within the
description of your request which is attached.

 

For your information this request has cost the Council £18.75 to process.

 

Any information provided that is owned by the Council is subject  to the
provisions of the [1]Re-use of Public Sector Information Regulations 2015
and has been made available for re-use under the [2]Open Government
Licence (OGL) a request to re-use is not required, but the licence
conditions must be met.

 

If the information provided is owned by someone else, you must get
permission from them to reuse the information. 

 

If you are dissatisfied with the response to your request, you can ask for
an internal review under our [3]FOI & EIR complaints procedure .  Please
put your appeal reasons in writing and send it within 40 working days to…

Information Governance Officer (FOI)
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

Telephone 01332 640763 or e-mail [Derby City Council request email]
<<<[4]mailto:[Derby City Council request email]>>>

You may also apply to the Information Commissioner for a decision under
section 50 of the Act but he may decline to deal with your application if
you have not followed the Council’s complaints procedure first.

 

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
[5]www.ico.org

Please note, the following applies, if the response includes council
officers (or other officers) names.

 

If you are a company that intends to use the names and contact details of
council officers (or other officers) provided for direct marketing, you
need to be registered with the Information Commissioner to process
personal data for this purpose. You must also check that the individual
(whom you wish to contact for direct marketing purposes) is not registered
with one of the Preference Services to prevent Direct Marketing. If they
are you must adhere to this preference. You must also ensure you comply
with the Privacy Electronic and Communications Regulations (PECR). For
more information follow this Link [6]www.ico.org.uk

 

For the avoidance of doubt the provision of council (and other) officer
names and contact details under FOI does not give consent to receive
direct marketing via any media and expressly does not constitute a ‘soft
opt-in’ under PECR.

Yours sincerely,

 

Freedom of Information Team | Corporate Resources Directorate | Derby City
Council | The Council House| Corporation Street |Derby | DE1 2FS
|Tel: 01332 640763 | [7]www.derby.gov.uk

 

** Coronavirus Update – Please note that the safety and well-being of
individuals is the Council’s utmost priority at this time. Statutory
deadlines may not be adhered to, due to the demand placed on services in
dealing with the current pandemic. Further guidance can be found on the
[8]Information Commissioners Office website. We thank you for your
understanding.**

 

 

 

show quoted sections

To view Derby City Council Privacy Notices please visit
[10]derby.gov.uk/privacy-notice

--------------------------------------------------------------------------

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

--------------------------------------------------------------------------

References

Visible links
1. https://ico.org.uk/for-organisations/gui...
2. https://www.nationalarchives.gov.uk/doc/...
3. https://www.derby.gov.uk/media/derbycity...
4. mailto:[Derby City Council request email]
5. http://www.ico.org/
6. http://www.ico.org.uk/
7. blocked::http://www.derby.gov.uk/ blocked::http://www.derby.gov.uk/ blocked::http://www.derby.gov.uk/ http://www.derby.gov.uk/
http://www.derby.gov.uk/
8. https://ico.org.uk/about-the-ico/news-an...
9. https://derby.gov.uk/mailredirect/
10. https://www.derby.gov.uk/privacy-notice/

We don't know whether the most recent response to this request contains information or not – if you are danny perkins please sign in and let everyone know.