Pro-forma unanswered 14.10.2019 Maidstone Borough Council PRO-FORMA for J E Baring and Co APPLICATION FOR BANKRUPTCY

Ed Boyce made this Rhyddid Gwybodaeth request to Maidstone Borough Council

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

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

Dear Maidstone Borough Council,

Maidstone Borough Council claimed to use a pro-forma that you provided on 24.9.2019 quote: MAIDSTONE BOROUGH COUNCIL PRO-FORMA FOR J E BARING AND CO APPLICATION FOR BANKRUPTCY

A Pro-Forma is not an instruction to instigate the enforcement of council tax by petitioning for a bankruptcy order neither does it authorise the right to share a natural person's private data and information under the Data Protection Act 2018 and GDPR, if the council believes differently please provide clarification and the precise section of the law that proves otherwise.

Please also provide clarification as to the name of the employee that completes and signs this instrument and their standing within Maidstone Borough Council that authorises a London based partnership firm of external solicitors called J E Baring & Co based on this pro-forma to instigate bankruptcy proceeding for the enforcement of council tax and in particular where a Magistrates' Court Liabilty Order has not been returned unsatisfied in whole or in part to the court and alternatively choosing to serve a statutory demand (to base a bankruptcy on instead) and petition for a bankruptcy order against an individual natural person who has not consented to being made bankrupt or agreed to the council applying for bankruptcy order on their behalf and to obtain a debtors' bankruptcy order from the county court.

An 'application for bankruptcy' as stated in your pro-forma (invoice) is made by a person who is applying for their own debtors' bankruptcy order (previously an insolvent person would have needed to petition the court but this is no longer the case and now an application is made to an Adjudicator for a debtors' bankruptcy order and not to the court because this is purely an administrative exercise and there is no need for a judicial decision ) and or they agree to the council applying to make them bankrupt.

The Local Government Transparency Code 2015 makes it clear that transparency is the foundation of local accountability and that fraud can thrive where decisions are not open to scrunity and details of spending, contracts and service provisions are hidden from view.

Yours faithfully,

Ed Boyce

Gadawodd Ed Boyce anodiad ()

On the 14.10.2019 MBC states ‘The Pro-Forma is completed by Maidstone Borough Council and sent to J E Baring and Co (partnership) in order to instruct them to undertake bankruptcy proceedings’

What they fail to say is that you cannot instruct a partnership only a partner.

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce

FREEDOM OF INFORMATION ACT REQUEST

Ref: FOI/6066

Thank you for your request for information. We will have a response ready for you within 20 working days of the date you made your request.

After considering your request, we may decide to refuse to supply the information under a number of exemptions that exist in legislation. For details of these exemptions, please visit the Information Commissioner’s website: https://ico.org.uk/for-organisations/gui...

If you have any queries about this email, please contact us. Please remember to quote the reference above in any future communications.

Yours sincerely

Complaints & FOI Team
Information Governance
Corporate Insight, Communities and Governance
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

dangos adrannau a ddyfynnir

Complaints & FOI (MBC), Maidstone Borough Council

Date:   14/12/2021
Ref: FOI/6066
 
Dear Ed Boyce
 
FREEDOM OF INFORMATION ACT REQUEST
 
Our response to your request is as follows:
 
Maidstone Borough Council claimed to use a pro-forma that you provided on
24.9.2019 quote: MAIDSTONE BOROUGH COUNCIL PRO-FORMA FOR J E BARING AND CO
APPLICATION FOR BANKRUPTCY
 
A Pro-Forma is not an instruction to instigate the enforcement of council
tax by petitioning for a bankruptcy order neither does it authorise the
right to share a natural person's private data and information under the
Data Protection Act 2018 and GDPR, if the council believes differently
please provide clarification and the precise section of the law that
proves otherwise.
 
Please also provide clarification as to the name of the employee that
completes and signs this instrument and their standing within Maidstone
Borough Council that authorises a London based partnership firm of
external solicitors called J E Baring & Co based on this pro-forma to
instigate bankruptcy proceeding for the enforcement of council tax and in
particular where a Magistrates' Court Liabilty Order has not been returned
unsatisfied in whole or in part to the court and alternatively choosing to
serve a statutory demand (to base a bankruptcy on instead) and petition
for a bankruptcy order against an individual natural person who has not
consented to being made bankrupt or agreed to the council applying for
bankruptcy order on their behalf and to obtain a debtors' bankruptcy order
from the county court.
 
An 'application for bankruptcy' as stated in your pro-forma (invoice) is
made by a person who is applying for their own debtors' bankruptcy order
(previously an insolvent person would have needed to petition the court
but this is no longer the case and now an application is made to an
Adjudicator for a debtors' bankruptcy order and not to the court because
this is purely an administrative exercise and there is no need for a
judicial decision ) and or they agree to the council applying to make them
bankrupt.
 
The Local Government Transparency Code 2015 makes it clear that
transparency is the foundation of local accountability and that fraud can
thrive where decisions are not open to scrunity and details of spending,
contracts and service provisions are hidden from view.
 
The proforma is sent with a covering email.
 
If you have any queries about this response, please contact us. Please
remember to quote the reference above in any future communications.
 
If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please respond to
this email and we will pass it on to Mid Kent Legal Services to conduct a
review. Please ensure you outline your reasons for requesting a review.
 
If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner cannot make a decision unless you have exhausted
the complaints procedure provided by the Council. The Information
Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
 
Yours sincerely,
 
Complaints & FOI Team
Information Governance
Corporate Insight, Communities and Governance
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [1][email address] w [2]www.maidstone.gov.uk
 
 
 

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC),

Maidstone Borough Council have not provided the information requested and only stated that a covering email is sent with a proforma. Please review your failure to provide the information requested and provide a copy of your covering email.

Yours sincerely,

Ed Boyce

Gadawodd Ed Boyce anodiad ()

Maidstone Borough Council’s response is to ignore the information requested and state that ‘The proforma is sent with a covering email’

Complaints & FOI (MBC), Maidstone Borough Council

2 Atodiad

Dear Ed Boyce

Please find attached a copy of the covering email.

Yours sincerely

Complaints & FOI Team
Information Governance
Corporate Insight, Communities and Governance
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

dangos adrannau a ddyfynnir

Gadawodd Ed Boyce anodiad ()

Covering email sent with a proforma by Mrs Sheila Coburn Head of Mid Kent Revenues and Benefits Partnership. Revenues and Benefits Partnership (covering Maidstone and Tunbridge Wells) Mid Kent Enforcement Service / Fraud & Compliance (covering Maidstone, Tunbridge Wells and Swale)

Quote: Please see attached proforma for a new case for bankruptcy proceedings to commerce.

Dear Complaints & FOI (MBC),

Thank you for the partial covering email sent by Mid Kent Services( partnership service provider) employee Mrs Sheila Coburn and for confirming their status as a partnership agent for Maidstone Borough Council that the Council shares personal data and information of individuals with.

Who did this employee acting as agent for Maidstone Borough Council address and send this email and proforma to, please provide a copy of the full email showing their name and status and email address, which you have failed to include within your email attachment and provide a copy of the client care letter in receipt of instruction that will also confirm their details.

Thank you also for confirming because Maidstone Borough Council have not stated differently and have also failed to provide clarification and the precise section of the law that proves otherwise, that a proforma is not an instruction to instigate the enforcement of council tax by petitioning for a creditor’s bankruptcy order and neither does it authorise the right to share a natural person’s private data and information under the Data Protection Act 2018 or 1998 and GDPR 2018.

Please also confirm who within Maidstone Borough Council authorised a Mid Kent Services employee to share personal data and information of individuals that would be contained within correspondence, emails and/or proforma and under which delegated power(s) from Maidstone Borough Council this data has been shared further.

Yours sincerely,

Ed Boyce

Gadawodd Ed Boyce anodiad ()

MAIDSTONE BOROUGH COUNCIL PRO-FORMA FOR J E BARING AND CO APPLICATION FOR BANKRUPTCY

Name, Property Address, Correspondence/current address, Council Tax/Business Rates reference, Period of Council Tax/Business Rates, Total amount due, Date liability order(s) granted and amounts, Current position on amounts outstanding

Gadawodd Ed Boyce anodiad ()

1. There is no legal entity called J E BARING AND CO and no data can lawfully be shared.
2. An application is made for self-bankruptcy and an alleged creditor MUST petition for a bankruptcy order and this MUST be able to be opposed and not heard in a county court hearing centre, as if, it is consented to by DDJ’s who do not hold a specialist ticket for opposed bankruptcy work. This also would be classed as unlawful by a reasonable onlooker and HMCTS must not collude with the local billing authorities or partnership staff and their multiple agents.
3. Only a council complaints list is signed in the Magistrates’ court and no liability order is granted. Only a NOTICE is sent out by the council and not a liability order sent by the Magistrates’ court for this reason.

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce

The email and proforma were sent to [email address].

Under section 40(2) of the Freedom of Information Act, we cannot disclose third party personal data because doing so would contravene UK GDPR principle (a) as there is no lawful basis for processing.

Information regarding the processing of personal data is available on our website here: https://maidstone.gov.uk/home/privacy-an....

If you are unhappy with our responses and wish to request an internal review, please respond to this email outlining your reasons for requesting a review, and we will pass it on to Mid Kent Legal Services.

Yours sincerely

Complaints & FOI Team
Information Governance
Corporate Insight, Communities and Governance
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC),

J E Baring and Co a data processor is not a natural person with personal data and neither is the data controller Maidstone Borough Council part of Mid Kent Services. Data protection laws do not apply to corporate entities, please provide the information requested.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Thank you for contacting the Information Governance Team at Maidstone
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Information Governance Team 

Corporate Insight, Communities and Governance 

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ 

w [1]www.maidstone.gov.uk 

To access our digital services please visit https://maidstone.gov.uk/contactus
Sign up to receive your Council Tax bill by email https//maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
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References

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Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce,
 
We were referring to the personal data of a third party individual, not J
E Baring & Co or Maidstone Borough Council. I apologise for not making
that clear.
 
If you are unhappy with our responses, you should now request an internal
review by responding to this email and outlining your reasons for
requesting a review. We will then pass it on to Mid Kent Legal Services.
 
Yours sincerely,
 
Complaints & FOI Team
Information Governance
Corporate Insight, Communities and Governance
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [1][email address] w [2]www.maidstone.gov.uk
 
 
 
 

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC),

Are you referring to the J E Baring & Co partnership, partners Allan Hooper and Bradley Bloom both solicitors as the third party Data Processors. The GDPR does not apply to your external data processors who are accessing, holding, storing, processing and sharing natural individuals private data and information and who do require a lawful basis for processing.

MBC have confirmed as one of MKS partners that your department Head of Mid Kent Revenues and Benefits Partnership Mrs Sheila Coburn has sent the email so she must know which legal entity she sent this email to with a covering letter.

It appears that MKS partner MBC a Data Controller would prefer to keep secret which third parties you have been instructing and sharing data and information with.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Thank you for contacting the Information Governance Team at Maidstone
Borough Council.

 

This is an automated response to confirm that your e-mail has
been received. Your message will be assigned to a
member of the Information Governance Team. You receive an update
within two working days.  

 

Regards  

 

Information Governance Team 

Corporate Insight, Communities and Governance 

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ 

w [1]www.maidstone.gov.uk 

To access our digital services please visit
https://maidstone.gov.uk/service Sign up to receive your Council Tax bill
by email https//maidstone.gov.uk/emailbilling We understand the importance
of ensuring that personal data, including sensitive personal data is
always treated lawfully and appropriately and that the rights of
individuals are upheld. We are required to collect, use and hold personal
data about individuals. Data is required for the purposes of carrying out
our statutory obligations, delivering services and meeting the needs of
individuals that we deal with. This includes current, past and prospective
employees, service users, members of the public, Members of the Council,
our business partners and other local authorities or public bodies. To
view our full statement to see how your data will be stored and processed
please visit https://maidstone.gov.uk/dataprotection This email is
confidential. If you receive it by mistake, please advise the sender by
email immediately. Any unauthorised use of the message or attachments is
prohibited. Unless stated otherwise, any opinions are personal and cannot
be attributed to Maidstone Borough Council. Unless a purchase order is
attached this email is not a contract or an order. It is your
responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/

Gadawodd Ed Boyce anodiad ()

Why would Maidstone Borough Council one of the partners at Mid Kent Shared Services want to conceal who they sent a covering email to from Mrs Sheila Coburn Head of Mid Kent Services Revenues and Benefits.

Were partnerships setup by CEO’s so that they and their Directors could run the services behind the scenes and without any real scrutiny or investigation by the individual elected Council members?

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce
 
We confirmed on 10/01/2022 that the email and proforma were sent to
[1][email address] (J E Baring & Co).
 
We consider that we have provided sufficient clarification regarding this
matter, therefore, if you are unhappy with our responses you should now
request an internal review by responding to this email and outlining your
reasons for requesting a review. We will then pass it on to Mid Kent Legal
Services.
 
Yours sincerely,
 
Complaints & FOI Team
Information Governance
Corporate Insight, Communities and Governance
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [2][email address] w [3]www.maidstone.gov.uk
 
 
 
 

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC),

Unfortunately MBC did not provide the email address on the 10.1.2022 because if you check this website it does not show up.

Did Mid Kent Services (MBC Data Processors’ ) employee Mrs Sheila Coburn Head of Mid Kent Services Revenues and Benefits send the proforma and email on behalf of the Data Controller Maidstone Borough Council to J E Baring & Co who does not show up on any legal register or on Companies House.

Please try again either either removing the @ or separating words or simply attach a copy of the email showing the email address and which should also identify who it was sent to, either Mr Bloom or Mr Hooper.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Thank you for contacting the Information Governance Team at Maidstone
Borough Council.

 

This is an automated response to confirm that your e-mail has
been received. Your message will be assigned to a
member of the Information Governance Team. You receive an update
within two working days.  

 

Regards  

 

Information Governance Team 

Corporate Insight, Communities and Governance 

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ 

w [1]www.maidstone.gov.uk 

To access our digital services please visit
https://maidstone.gov.uk/service Sign up to receive your Council Tax bill
by email https//maidstone.gov.uk/emailbilling We understand the importance
of ensuring that personal data, including sensitive personal data is
always treated lawfully and appropriately and that the rights of
individuals are upheld. We are required to collect, use and hold personal
data about individuals. Data is required for the purposes of carrying out
our statutory obligations, delivering services and meeting the needs of
individuals that we deal with. This includes current, past and prospective
employees, service users, members of the public, Members of the Council,
our business partners and other local authorities or public bodies. To
view our full statement to see how your data will be stored and processed
please visit https://maidstone.gov.uk/dataprotection This email is
confidential. If you receive it by mistake, please advise the sender by
email immediately. Any unauthorised use of the message or attachments is
prohibited. Unless stated otherwise, any opinions are personal and cannot
be attributed to Maidstone Borough Council. Unless a purchase order is
attached this email is not a contract or an order. It is your
responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/

Gadawodd Ed Boyce anodiad ()

If Mid Kent Services a partnership (a third party data processor) created between several local authorities Data Controllers to provide them with services and who are not authorised to share personal data outside of the remit of the partnership.

Local Authorities can not delegate all their powers and can only delegate certain powers under specific circumstances.

Where are Mid Kent Services employees claiming to grant themselves authority they do not hold?

Complaints & FOI (MBC), Maidstone Borough Council

3 Atodiad

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    RE Internal review of Freedom of Information request Pro forma unanswered 14.10.2019 Maidstone Borough Council PRO FORMA for J E Baring and Co APPLICATION FOR BANKRUPTCY.txt

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    New bankruptcy case name of case.html

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Dear Ed Boyce,

 

Please find attached a copy of our reply of 10/01/2022 in which we
confirmed that the email and proforma were sent to [1][email address].

 

Sheila Coburn sent the proforma and email on behalf of Maidstone Borough
Council to [2][email address] (J E Baring & Co, or J E Baring LTD as
it is referred to on their SRA page -
[3]https://www.sra.org.uk/consumers/registe...).

 

I have re-attached a copy of the email.

 

As previously stated, we consider that we have provided sufficient
clarification regarding this matter, therefore we cannot respond further.
If you are unhappy with our responses you should request an internal
review by responding to this email and outlining your reasons for
requesting a review. We will then pass it on to Mid Kent Legal Services.

 

Yours sincerely,

 

Complaints & FOI Team

Information Governance

Corporate Insight, Communities and Governance

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ

e [4][email address] w [5]www.maidstone.gov.uk

 

 

 

 

 

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC),

Unfortunately the Billing Authority MBC a Data Controller has failed to include a copy the email showing the email address sent by your service provider’s employee Mrs Sheila Coburn, after being made aware that email addresses do not show up.

Please attach a full copy of the email that the proforma was attached to because you also claim that Mid Kent Services employee sent it to J E Baring & Co which is a closed partnership firm or J E Baring Ltd which is a company.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Thank you for contacting the Information Governance Team at Maidstone
Borough Council.

 

This is an automated response to confirm that your e-mail has
been received. Your message will be assigned to a
member of the Information Governance Team. You receive an update
within two working days.  

 

Regards  

 

Information Governance Team 

Corporate Insight, Communities and Governance 

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ 

w [1]www.maidstone.gov.uk 

To access our digital services please visit
https://maidstone.gov.uk/service Sign up to receive your Council Tax bill
by email https//maidstone.gov.uk/emailbilling We understand the importance
of ensuring that personal data, including sensitive personal data is
always treated lawfully and appropriately and that the rights of
individuals are upheld. We are required to collect, use and hold personal
data about individuals. Data is required for the purposes of carrying out
our statutory obligations, delivering services and meeting the needs of
individuals that we deal with. This includes current, past and prospective
employees, service users, members of the public, Members of the Council,
our business partners and other local authorities or public bodies. To
view our full statement to see how your data will be stored and processed
please visit https://maidstone.gov.uk/dataprotection This email is
confidential. If you receive it by mistake, please advise the sender by
email immediately. Any unauthorised use of the message or attachments is
prohibited. Unless stated otherwise, any opinions are personal and cannot
be attributed to Maidstone Borough Council. Unless a purchase order is
attached this email is not a contract or an order. It is your
responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/

Gadawodd Ed Boyce anodiad ()

Both organisations a Billing Authority (Data Controllers) and if they are operating through a partnership created by more than one Billing Authority or service provider (Data Processors) must comply with data protection legislation and must not conceal who they have shared or further shared personal information of data subjects with.

If they did in fact share data with the partners within a debt recovery solicitors’ practice that closed on 1 March 2021 and their debt recovery company that was operating concurrently, why not simply say so?

Dear Maidstone Borough Council,

On the 27.1.2022 MBC confirmed that you would reply within two working days and you have not provided a full copy of the email that the proforma was attached to that you claim Mid Kent Services employee sent to a either a closed partnership firm or a company.

For what reason would MBC choose to hide this information or further delay providing it?

Yours faithfully,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Thank you for contacting the Information Governance Team at Maidstone
Borough Council.

 

This is an automated response to confirm that your e-mail has
been received. Your message will be assigned to a
member of the Information Governance Team. You receive an update
within two working days.  

 

Regards  

 

Information Governance Team 

Corporate Insight, Communities and Governance 

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ 

w [1]www.maidstone.gov.uk 

To access our digital services please visit
https://maidstone.gov.uk/service Sign up to receive your Council Tax bill
by email https//maidstone.gov.uk/emailbilling We understand the importance
of ensuring that personal data, including sensitive personal data is
always treated lawfully and appropriately and that the rights of
individuals are upheld. We are required to collect, use and hold personal
data about individuals. Data is required for the purposes of carrying out
our statutory obligations, delivering services and meeting the needs of
individuals that we deal with. This includes current, past and prospective
employees, service users, members of the public, Members of the Council,
our business partners and other local authorities or public bodies. To
view our full statement to see how your data will be stored and processed
please visit https://maidstone.gov.uk/dataprotection This email is
confidential. If you receive it by mistake, please advise the sender by
email immediately. Any unauthorised use of the message or attachments is
prohibited. Unless stated otherwise, any opinions are personal and cannot
be attributed to Maidstone Borough Council. Unless a purchase order is
attached this email is not a contract or an order. It is your
responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/