Job Card INS3 (September 2010) - county court hearing centre office (Maidstone)

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai Office for Legal Complaints fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Office for Legal Complaints,

Job Card INS3 (September 2010) - county court hearing centre office (Maidstone)

HMCTS have confirmed that this job card is still currently being used by HMCTS county court office staff when accepting a creditors' bankruptcy petition, can you please confirm if this Job Card has been updated and provide a copy. The county court became a single court in April 2014.

Can you also confirm whether the Official Receiver attached to the county court hearing centre at Maidstone has received any confirmations from the county court of a pending action in bankruptcy filed by Maidstone Borough Council in 2018/2019 as a creditor on a bankruptcy petition, please provide the PAB dates and the name of the Insolvency Office and date they were received.

Please also confirm if covering letters that are date stamped, in place of a creditors petition being dated and time stamped when received by the court office, is an acceptable practice and provide the section of the Insolvency Act and rules, that confirms that a creditors bankruptcy petition does not need to marked with the date and time it was received by HMCTS staff, is a relevant court officer required to carry out this duty or is it just a general duty of court office staff.

In addition to only a covering letter from Maidstone Borough Council's out-sourced solicitors being date stamped (without the time received) and not the bankruptcy petition being date or time stamped on receipt by the court, can you also confirm if 2 identical copies of the petition must be filed together or whether a non-identical ( or blank copy) is acceptable and whether both should be dated/time stamped, and into which court, the county court or the Crown Court these covering letters /petitions must be sent to and received by.

How is it possible for MBC external solicitors to have their covering letters stamped by the Crown Court at Maidstone and this crown court date used on the petition as a date of filing ?

Are your Official Receivers aware of these practices who have access as a court officer to the bankruptcy cases, how many have they received prior to and including 2018/2019?

Is there any policy or safeguards in place to stop collusion within the system.

Yours faithfully,

Deb Williams

Information Rights & Security, Office for Legal Complaints

Thank you for your email.

If your request pertains to Subject Access Request under the Data
Protection Act 2018 and the General Data Protection Regulations 2016, we
will process your request within 1 calendar month.

If your request pertains to Freedom of Information request under the
Freedom of Information Act 2000, we will process your request within 20
working days.

If additional information is required to process your request, we will
contact you for further details.

Kind regards,

Data Protection Team

Information Rights & Security, Office for Legal Complaints

1 Atodiad

Dear Ms Williams,

Please find attached for your attention

Kind regards,

Lourenizta Haye
Data Protection and Information Compliance Officer

www.legalombudsman.org.uk
 

dangos adrannau a ddyfynnir

Dear Lourenizta Haye Data Protection and Information Compliance Officer Information Rights & Security,

Thank you for your response, it was the MOJ/ HMCTS that confirmed that the County Court staff have been using an extremely out-dated Job Card but refuse to say who the authorised court officer is.

It is already known that the county court staff do not file any pending actions in bankruptcy etc when MBC External Solicitors file the council's bankruptcy petition and the Crown Court has nothing to do with bankruptcy. It is interesting to note that Maidstone county court administration are being amalgamated and moved to Medway county court with effect from the 28 October 2019.

Thank you for checking and pointing out that you have asked the data analysis team to conduct a further search around any complaints recorded against MBC External Solicitors and have yet to receive the complaint, this is extremely helpful information.

Yours sincerely,

Deb Williams

Information Rights & Security, Office for Legal Complaints

You are welcome

Kind regards,

 

Lourenizta Haye

Data Protection and Information Compliance Officer 

 

[1]www.legalombudsman.org.uk

 

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

From: Deb Williams <[FOI #604814 email]>
Sent: 15 October 2019 01:24
To: Information Rights & Security <[email address]>
Subject: Re: FOI0962 Freedom of Information request - Job Card INS3
(September 2010) - county court hearing centre office (Maidstone)
 
Dear Lourenizta Haye Data Protection and Information Compliance Officer 
Information Rights & Security,

Thank you for your response, it was the MOJ/ HMCTS that confirmed that the
County Court staff have been using an extremely out-dated Job Card but
refuse to say who the authorised court officer is.

It is already known that the county court staff  do not file any pending
actions in bankruptcy etc when MBC External Solicitors file the council's
bankruptcy petition and the Crown Court has nothing to do with
bankruptcy.  It is interesting to note that Maidstone county court
administration are being amalgamated and moved to Medway county court with
effect from the 28 October 2019.

Thank you for checking and pointing out that you have asked the data
analysis team to conduct a further search around any complaints recorded
against MBC External Solicitors and have yet to receive the complaint,
this is extremely helpful information.

Yours sincerely,

Deb Williams

dangos adrannau a ddyfynnir

Information Rights & Security, Office for Legal Complaints

You are welcome

Kind regards,

Lourenizta Haye
Data Protection and Information Compliance Officer

www.legalombudsman.org.uk
 

dangos adrannau a ddyfynnir