EU Regulations - Bankruptcy Proceedings

Response to this request is long overdue. By law, under all circumstances, Harlow District Council should have responded by now (details). You can complain by requesting an internal review.

Dear Harlow District Council,

EU Regulations - Bankruptcy Proceedings

Please provide the following information under the FOIA for all periods that information is retained.

1. Information as to whether the council billing authority instigates bankruptcy proceedings against it's customer being a natural individual (not a company or trader) for non-payment of council tax under the EU Regulations or national law(Insolvency Act 1986 and Insolvency Rules).

2. Clarify if the council files a bankruptcy petition under the EU Regulations what cross border element applies.

(a) Does this cross border element apply to the council (local billing authority) or to your customer and state which EU Article and section applies that must be contained within the bankruptcy order.

(b) If the cross border element under the EU Regulations effects the council directly, please clarify where this legal entity is located and operates from.

(c) State the court or hearing centre or office that receives and hears these petitions.

3. National law also sets out the conditions for the opening of insolvency proceedings, including requirements relating to what notice should be given to your customer (debtor), both pre-insolvency and once insolvency proceedings have commenced.

(a) Identify who sends out these notices and if agents are used by the council in which capacity they act.

(b) Provide a copy of these notices and the information they must contain (customers details redacted).

(c) State the court or hearing centre or office that receives and hears these petitions.

(d) Confirm where the court makes a bankruptcy order whether the following is contained within that order that the council obtains 'the order that the court is satisfied that the EU Regulations does not apply in relation to the proceedings'.

4. Confirm what Data protection is in place for sharing your customers (natural individual person in contrast to a fictional entity) information and data in regards to the EU Regulation cross border element.

(a) And where no cross border element is involved (national law).

(b) State who is granted access and how this data and information is shared under national law, and where the EU Regulation cross border element applies.

Yours faithfully,

J. Ross

Contact Harlow, Harlow District Council

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Contact Harlow, Harlow District Council

Dear  J Ross,                             

Your Freedom of Information request has been logged under reference RFI151958827.
 
Please quote the above reference number should you require any further information. 
 
Privacy Notice
Harlow Council will process your personal information in order to comply with its legal obligations under the Freedom of Information Act 2000. 
 
Your request for information will also be used to compile anonymous statistics for use by Harlow Council - this does not include your personal information and so you cannot be identified as an individual.
 
Although it is not our intention to collect any other personal information and/or sensitive personal information, you may provide information of this type inadvertently when making your request. Any sensitive personal information collected will be kept confidential and secure and will not be shared with any third parties.
 
Your request for information and personal information will be directed to the relevant departments of Harlow Council in order to provide the information you have requested.  Your information will also be shared where the Council is under a legal obligation to do so.
 
Records relating to this request for information will be retained for three years from the date of the last action.
 
For more information on how we collect, use and protect personal information generally, as well as your rights as a data subject please view our main privacy notice on our website by visiting http://www.harlow.gov.uk/privacy-notice 
 
If you do not have online access a paper copy of our main privacy notice can be provided by contacting us on the details provided below.
 
Best wishes,
 
Contact Harlow

Harlow Council, Civic Centre, The Water Gardens, Harlow, Essex, CM20 1WG
Contact Harlow - 01279 446655 
 
Visit our website www.harlow.gov.uk
 
Follow us on twitter @HarlowCouncil
 

show quoted sections

Maisy Treacher, Harlow District Council

2 Attachments

Dear J Ross,

 

Please see Harlow Council’s response to your recent Freedom of Information
request, made under the Freedom of Information Act 2000.

 

Thank you,

 

Maisy Treacher
Legal Clerical / Admin Support Officer

 

Tel: 01279 446053

Alternative Contacts:

[1][email address]

[2][email address]

 

Please note Harlow District Council’s Legal Department does not accept
service of any documents via fax.

 

Visit our website [3]www.harlow.gov.uk

Follow us on twitter @HarlowCouncil

 

Harlow Council, Civic Centre, The Water Gardens, Harlow, Essex, CM20 1WG

 

[4]cid:image001.png@01D130DF.E253FB90

 

 

This E-Mail and any attachments are intended for the addressee only, and
may contain confidential or privileged information. If you are not, or
suspect you are not, the intended recipient, you must not copy, distribute
or take any action in reliance on it. If you have received this E-Mail in
error please notify us immediately and delete this E-Mail and any
attachments. Please note that although this message has been checked for
viruses, we cannot guarantee that this message or any attachment is virus
free or has not been intercepted or amended. The information contained in
this E-Mail may be subject to public disclosure under the Freedom of
Information Act 2000. Unless the information is legally exempt from
disclosure, the confidentiality of this E-Mail and your reply cannot be
guaranteed. The views of the author may not necessarily reflect those of
the Council. All communications sent to or from the Council may be subject
to recording and / or monitoring in accordance with relevant legislation.

 

References

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