HMCTS confirmed Local Council's are Government Departments - why are they removing sections of the Statutory Demand ?

Will Grant made this Rhyddid Gwybodaeth request to Insolvency Rules Committee

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan Insolvency Rules Committee.

Dear Insolvency Rules Committee,

Dear Ministry of Justice,

HMCTS confirmed Local Council's are Government Departments - why are they removing sections of the Statutory Demand ?

HMCTS have confirmed that local council's are government departments.

Can you please provide all recorded information you hold that states a statutory demand can be valid if the following has been removed by the council ( please see link below) and why they are allowed to file for bankrutpcy into HMCTS county court , as a this contradicts the information I have been given previously from HMCTS ?

' Where the statutory demand Is served by a Minsister of the Crown or a Government Department YOU MAY CHOOSE the court to which to make your application. You may choose the court in Rule 6.4(2) or the court which the Minister of the Crown or Governent Department has indicated as the court to which it intends to present a bankruptcy petition against you ( the High Court or the Central London County Court)'

I know no one who would choose the county court as they are in bed with the council's.

Local Government Council Departments – statutory demands
https://www.whatdotheyknow.com/request/l...

Yours faithfully,

Will Grant

Insolvency.EnquiryLine, Insolvency Rules Committee

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FOI, Insolvency Rules Committee

Dear Sir,

I acknowledge receipt of your FOI request below.

Regards,

(FOI/DPA Team)

Paul Schofield | Senior Official Receiver’s Office | The Insolvency Service | [email address]| 4th Floor Cannon House, 18 Priory Queensway, Birmingham B4 6FD | DX 713901 Birmingham 37 DX | www.gov.uk/insolvency-service

dangos adrannau a ddyfynnir

FOI, Insolvency Rules Committee

Dear Sir,

I acknowledge receipt of your FOI request below.

Regards,

(FOI/DPA Team)

Paul Schofield | Senior Official Receiver’s Office | The Insolvency Service | [email address]| 4th Floor Cannon House, 18 Priory Queensway, Birmingham B4 6FD | DX 713901 Birmingham 37 DX | www.gov.uk/insolvency-service

dangos adrannau a ddyfynnir

FOI, Insolvency Rules Committee

Dear Sir,

I have referred this matter back to the Enquiry Line (link below) because it does appear that you are not making a Freedom of Information request ( requesting information/data held by the Insolvency Service) as such but rather seeking help on a technical insolvency matter.

link to the Insolvency Rules http://www.legislation.gov.uk/uksi/1986/... and the insolvency service enquiry line at mailto:[email address]


Regards,

Paul Schofield

Paul Schofield | Senior Official Receiver’s Office | The Insolvency Service | [email address]| 4th Floor Cannon House, 18 Priory Queensway, Birmingham B4 6FD | DX 713901 Birmingham 37 DX | www.gov.uk/insolvency-service

dangos adrannau a ddyfynnir

Dear Insolvency Rules Committee,

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

I am writing to request an internal review of Insolvency Rules Committee's handling of my FOI request 'HMCTS confirmed Local Council's are Government Departments - why are they removing sections of the Statutory Demand ?'.

This is a FOI request and was accepted as such on 3 June 2016 and is for recorded information.

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

Yours faithfully,

Will Grant

Insolvency.EnquiryLine, Insolvency Rules Committee

Dear Sir

Thank you for email received on 17 June

Please note that the Insolvency Enquiry Line deals with general queries relating to insolvency and cannot provide advice, only information. Also, The Insolvency Service deals only with the administration and investigation of personal bankruptcies and companies in compulsory liquidation.

As the Insolvency Service is only involved after the making of the bankruptcy order, I am unable to comment on why Local Authorities are removing sections of the Statutory Demand - this question should be directed at the Local Authority concerned

It is not for the Insolvency Service to determine if a Statutory Demand is valid or not, this is a matter for the Court concerned on application of the debtor

It is therefore up to the debtor to apply to set aside the demand within the timescale allowed if they believe the demand to be defective.

The Insolvency Service is constantly trying to improve the quality of its service, therefore we would like to ask you to spare a few moments of your time to provide customer comments in our survey at https://www.surveymonkey.com/r/Insolvenc...

Your opinions will help us to improve the service which we provide to you. May I thank you in advance for your co-operation.

Yours sincerely

Insolvency Enquiry Line | Communication, Delivery & Technical Team | Business Services Division | The Insolvency Service | 3rd Floor, 1 City Walk, Leeds, LS11 9DA  | 0300 678 0015 | www.gov.uk/government/organisations/insolvency-service

dangos adrannau a ddyfynnir

FOI, Insolvency Rules Committee

Dear Sir,

I refer to your e-mail below.

After reviewing all the correspondence I have reached the conclusion that you are seeking general guidance on the procedures of the Local Authorities and Court rather than making a request for information held by the Insolvency Service which falls within the Freedom of Information Act.

Matters related to the presentation of the petition, including the validity of the statutory demand, and the granting of orders are for HMCTS. The Official Receiver has no involvement in a case until the order has been made on a petition accepted and adjudicated upon by the Court. It is a matter for the Court to determine whether the petition complies with the insolvency Act and Rules. The procedure for electing the Court in which a petition might be presented are set out in the Insolvency Rules it is for the Court to determine whether or not it has jurisdiction to hear the petition.

I would also draw your attention to rule 7.55 of the Insolvency Rules 1986 which provides that:-

"No insolvency proceedings shall be invalidated by any formal defect or by any irregularity; unless the court before which objection is made considers that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedied by any order of the court."

Paul Schofield

Paul Schofield | Senior Official Receiver’s Office | The Insolvency Service | [email address]| 4th Floor Cannon House, 18 Priory Queensway, Birmingham B4 6FD | DX 713901 Birmingham 37 DX | www.gov.uk/insolvency-service

dangos adrannau a ddyfynnir