Maidstone Borough Council creditor bankruptcy petitions - County Court at Maidstone 2018

Deb Williams made this Rhyddid Gwybodaeth request to Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai Gwasanaeth Llysoedd a Thribiwnlysoedd EM fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Her Majesty's Courts and Tribunals Service,

Please provide the dates of all creditor bankruptcy petitions that were filed into the County Court at Maidstone in 2018 on behalf of Maidstone Borough Council by J E Baring & Co (solicitors).

Please also provide the date they were filed, including the filing fee and date it was paid and the method of payment and the notification date of the pending action.

How many were accepted by the court and if any were rejected the reason for their rejection.

For all those accepted by the court the name of the judge the petitions and evidence were originally put before ( prior to the original bankruptcy petition allocation hearing date).

In addition, please confirm any further dates made by any other judge or deputy judge extending the original bankruptcy hearing allocated date to a future date ( before the original date was heard), and the name of the judge this second application was put before to change the original bankruptcy hearing date.

How many petitions on behalf of Maidstone Borough Council have been filed elsewhere ( please provide the name of the court) and then transferred to the County Court at Maidstone.

Lastly, please provide what is required from the petitioning creditor before the County Court Office at Maidstone will accept a petition as valid, and if all codes of practice are strictly adhered to.

Yours faithfully,

Deb Williams

LondonKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Good morning

 

Please see attached acknowledgment to your Freedom of Information request

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | South East Regional Support Unit

Milton Keynes Magistrates Court, 301 Silbury Blvd, Milton Keynes MK9 2AJ

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dangos adrannau a ddyfynnir

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

2 Atodiad

Good afternoon

 

Please see attached response to your recent FOI request

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | South East Regional Support Unit

Milton Keynes Magistrates Court, 301 Silbury Blvd, Milton Keynes MK9 2AJ

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dangos adrannau a ddyfynnir

Dear South East KILO,

The Job Card INS3 (September2010) is out of date please provide the current version.

No personal data has been requested and you have provided no evidence that anyone could be identified simply by providing how many creditor bankruptcy petitions Maidstone Borough Council have filed using out-sourced solicitors.

It will be for the ICO to decide if there is any real risk to personal data, which is extremely doubtful when no names have been requested and only those that are made bankrupt are put into the public domain, even where multiple incorrect proceedings and failures have been allowed to occur etc. and/ or a bankruptcy order obtained that should never have been made. This would be a massive breach of statutory obligations under the General Data Protection Regulation and the Data Protection Act 2018, especially where private data has been shared without consent and without lawful authority, because individuals have a clear and strong expectation that their personal data will be held in confidence and not disclosed to the public, or agents, when they have been maliciously targeted and/or made unlawfully bankrupt and refused a copy of their court case file, which contains their private data.

Please confirm the name and status of the person within the court who is ultimately responsible for accepting and checking the creditor petitions, prior to a hearing by a judge, because the facts do not tally up with your job card description (September 2010) as to codes of practice and procedures being followed correctly.

You have also stated that no further dates were made by any other judge or deputy judge extending the original bankruptcy hearing allocated date to a future date for either case, please recheck your position, because this is also contrary to the facts.

Yours sincerely,

Deb Williams

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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dangos adrannau a ddyfynnir

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Good morning

Thank you for your email.

If you are not satisfied with this response you have the right to request an internal review by responding in writing to one of the addresses below within two months of the date of your response.

-[HMCTS request email] or Disclosure Team, Ministry of Justice, 10.38, 102 Petty France, London, SW1H 9AJ

You do have the right to ask the Information Commissioner’s Office (ICO) to investigate any aspect of your complaint. However, please note that the ICO is likely to expect internal complaints procedures to have been exhausted before beginning their investigation.

Kind Regards,
Knowledge and Information Officer
Knowledge and Information Liaison Unit | South East Regional Support Unit
Milton Keynes Magistrates Court, 301 Silbury Blvd, Milton Keynes MK9 2AJ

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dangos adrannau a ddyfynnir

Dear South East KILO,

Are you refusing to provide an upto date Job Card IN3 without a request for an internal review being made or is this the only Job Card your court staff have to follow, who have not been named.

Yours sincerely,

Deb Williams

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Thank you for your email. Please accept this auto-response as confirmation
that your request has been received by the South East KILO.

 

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within 5 working days unless marked urgent.

dangos adrannau a ddyfynnir

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Good morning

Thank you for your email.

To clarify, the job card we released to you is what the Business unit provided to us following your request.

Thank you

Kind Regards,
Knowledge and Information Officer
Knowledge and Information Liaison Unit | South East Regional Support Unit
Milton Keynes Magistrates Court, 301 Silbury Blvd, Milton Keynes MK9 2AJ
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dangos adrannau a ddyfynnir

Dear South East KILO,

Thank you for confirming that the 'Business unit' has provided you with information that is grossly out dated, are they deliberately concealing up dates of their duties and would this be a criminal offence under the GDPR ?

The main impact on FOIA is section 40 which interlinked the Act with the Data Protection Act 1998 the law that the GDPR replaced. The secondary impact that organisations including public authorities are obliged under the GDPR to document their compliance, meaning public authorities who also have duties to be transparent to the public and have no place to hide.

So please ask the 'Business unit' to provide up-to date information because there is a legitimate public interest.

Yours sincerely,

Deb Williams

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Thank you for your email. Please accept this auto-response as confirmation
that your request has been received by the South East KILO.

 

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within 5 working days unless marked urgent.

dangos adrannau a ddyfynnir

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Good afternoon

I have made enquiries with the business unit- Maidstone County Court and they have confirmed that the job card provided was accurate.

If you wish to discuss the job card further, it would be advisable to contact the court directly.

Thank you

Kind Regards,
Knowledge and Information Officer
Knowledge and Information Liaison Unit | South East Regional Support Unit
Milton Keynes Magistrates Court, 301 Silbury Blvd, Milton Keynes MK9 2AJ
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dangos adrannau a ddyfynnir

Dear South East KILO,

The Job Card INS3 that the business unit-Maidstone County Court staff state "was accurate", may well have been accurate in September 2010 when separate County Courts still existed, but is no longer effective and cannot not be applied today; there is only a single County Court (since 22.4.2014).

Are they seriously stating that they are still using this out-dated Job Card, that flies in the face of the Insolvency Act 1986, rules, regulations and procedures, especially if no up dates have been attached.

This is a FOIA request for all recorded information held and they must provide accurate information or answer to the ICO as to why they cannot or will not provide it.

Yours sincerely,

Deb Williams

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Thank you for your email. Please accept this auto-response as confirmation
that your request has been received by the South East KILO.

 

We endeavour to provide a response to all emails as soon as possible, and
within 5 working days unless marked urgent.

dangos adrannau a ddyfynnir

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Good morning

As stated in our previous email, this was the job card we were provided by Maidstone County Court.

Any further issues you may have with this information that you have been provided can either be directly dealt with by the court or if you are not satisfied with your initial FOI response you have the right to request an internal review by responding in writing to one of the addresses below within two months of the date of your response.

-[HMCTS request email] or Disclosure Team, Ministry of Justice, 10.38, 102 Petty France, London, SW1H 9AJ

You do have the right to ask the Information Commissioner’s Office (ICO) to investigate any aspect of your complaint. However, please note that the ICO is likely to expect internal complaints procedures to have been exhausted before beginning their investigation

Kind Regards,
Knowledge and Information Officer
Knowledge and Information Liaison Unit | South East Regional Support Unit Milton Keynes Magistrates Court, 301 Silbury Blvd, Milton Keynes MK9 2AJ
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dangos adrannau a ddyfynnir

Dear South East KILO,

Are your judges including deputy district judges (county court) both salaried and fee paid, trained in what correct procedures must be followed before a bankruptcy order can be made and are they required to be qualified and hold a practising certificate if they are solicitors ?

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?

Yours sincerely,

Deb Williams

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Thank you for your email. Please accept this auto-response as confirmation
that your request has been received by the South East KILO.

 

We endeavour to provide a response to all emails as soon as possible, and
within 5 working days unless marked urgent.

dangos adrannau a ddyfynnir

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

 

 

Good afternoon

 

Please see attached acknowledgment to your recent Freedom of Information
request

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | South East Regional Support Unit

Milton Keynes Magistrates Court, 301 Silbury Blvd, Milton Keynes MK9 2AJ

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dangos adrannau a ddyfynnir

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

2 Atodiad

Dear Ms Williams

Please see the attached response to your request (our reference 190916006)

 

Kind Regards,

Knowledge and Information Officer

South East Regional Support Unit | c/o Milton Keynes Magistrates’ Court |
301 Silbury Boulevard | Witan Gate East | Central Milton Keynes | MK9 2AJ
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dangos adrannau a ddyfynnir

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

2 Atodiad

Dear Ms Williams

Please see the attached response to your request (our reference 190916006)

 

Kind Regards,

Knowledge and Information Officer

South East Regional Support Unit | c/o Milton Keynes Magistrates’ Court |
301 Silbury Boulevard | Witan Gate East | Central Milton Keynes | MK9 2AJ
| www.gov.uk| ü Please consider the environment before printing.

Unless a higher marking is specified please treat this email as: OFFICIAL

[1]Here is how HMCTS uses personal data about you.

 

 

dangos adrannau a ddyfynnir

Dear South East KILO,

The Official Receiver is also an Officer of the court and the MOJ must know what Official Receivers Office and court he/she is attached to, so please answer the questions for all recorded information, data or policy etc you hold under the FOIA, including PAB dates and if any confirmations have been sent.

The court administrative staff are well aware of the internal procedures they are supposed to be following and that the Crown Court has nothing to do with bankruptcy procedures or proceedings and that only an authorised trained court officer should be accepting any applications or petitions connected to bankruptcy, that Maidstone Borough Council external solicitors fondly refers to as the Bankruptcy Clerk.

Can you please confirm if this is the reason the county administrative staff are being amalgamated with Medway county court staff and are moving to Chatham with effect from 28 October 2019, will all of the cases files be moved or destroyed or disappeared the same as when Maidstone Magistrates' court staff moved to Medway Magistrates' court.

Yours sincerely,

Deb Williams

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Thank you for your email. Please accept this auto-response as confirmation
that your request has been received by the South East KILO.

 

We endeavour to provide a response to all emails as soon as possible, and
within 5 working days unless marked urgent.

dangos adrannau a ddyfynnir

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Ms. Williams

 

Please see the attached acknowledgement of your request (our reference
191015017)

 

Knowledge and Information Officer
Knowledge and Information Liaison Unit | London and South East Regional
Support Unit | 3^rd Floor | First Avenue House | 42-49 High Holborn |
London | WC1V 6NP | DX160010 Kingsway 7

Web: [1]www.gov.uk/hmcts

 

Unless a higher marking is specified please treat this email as: OFFICIAL

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[3]Here is how HMCTS uses personal data about you

 

dangos adrannau a ddyfynnir

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Ms. Williams,

 

Please see the attached response to your request (our reference 191015017)

 

Knowledge and Information Officer
Knowledge and Information Liaison Unit | London and South East Regional
Support Unit | 3^rd Floor | First Avenue House | 42-49 High Holborn |
London | WC1V 6NP | DX160010 Kingsway 7

Web: [1]www.gov.uk/hmcts

 

Unless a higher marking is specified please treat this email as: OFFICIAL

Click [2]here to provide some feedback and help improve our service.

 

[3]Here is how HMCTS uses personal data about you

 

dangos adrannau a ddyfynnir