Bailiff indemnities

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

Dear Eastbourne Borough Council,

can you please answer under public interest using yes or no answers...
they will be contained within your code of ethics and your contracts or simply in any code of conduct.this is not a complaint against your council but research into how bailiffs can be a law unto themselves if not watched

1. Does your enforcement agent contract allow your enforcement agents to issue an
indemnity against prosecution for themselves without the agreement of the council in
cases where they have wrongfully seized when the customer is identifiably vulnerable?
2. Have you ever allowed bailiffs to make their own settlement agreements where goods
have to be returned after 3 months?
3. Would you allow enforcement agents to breach the equalities act by achieving a gain whilst someone is under mental health treatment if it meant your
business rates were collected,even if they didnt inform you?
4. How would you react if they did this without you knowing?
5. Would you class a secret indemnity kept from the council which achieves a gain at the cost to the
vulnerable victim a material breach of contract .?
6. Must enforcement agents always report failed levies and a full report when dealing
with vulnerable customers
7.would you employ enforcement agents that have fraudulently concealed information that could cause litigation to the council or serious damage to a protected party in the past ?
thank you for your public concern in answering these questions asap.
8.who are your current agents

Yours faithfully,

steve perkins

Access to Information,



Thank you for your information request received today.

 

I am currently reviewing your request and investigating whether there is
any information available for disclosure.  The Council, in accordance with
Section 10 of the Freedom of Information Act 2000 (‘the Act’), will reply
to your request promptly and in any event not later than the twentieth
working day following the date of receipt. Subject Access Requests will be
responded to within one calendar month in line with the GDPR (General Data
Protection Regulation).

 

In accordance with section 8(1)(b) of the Act and related guidance from
the Information Commissioner’s Office, the Council reserves the right to
treat any request for information as invalid unless the requester supplies
their real name.  In such cases, the Council may request proof of
identity.

 

Kind Regards

 

 

Information Governance Officer

Lewes District Council and Eastbourne Borough Council

 

Access to Information,

1 Attachment

Dear Mr. Perkins,

 

Thank you for your Freedom of Information request dated 19 December 2019 
which has been registered under reference EFOI 10382.

 

can you please answer under public interest using yes or no answers...

they will be contained within your code of ethics and your contracts or
simply in any code of conduct.this is not a complaint against your council
but research into how bailiffs can be a law unto themselves if not watched

 

1. Does your enforcement agent contract allow your enforcement agents to
issue an indemnity against prosecution for themselves without the
agreement of the council in cases where they have wrongfully seized when
the customer is identifiably vulnerable?

2. Have you ever allowed bailiffs to make their own settlement agreements
where goods have to be returned after 3 months?

3. Would you allow enforcement agents to breach the equalities act by
achieving a gain whilst someone is under mental health treatment if it
meant your business rates were collected,even if they didnt inform you?

4. How would you react if they did this without you knowing?

5. Would you class a secret indemnity kept from the council which achieves
a gain at the cost to the vulnerable victim a material breach of contract
.?

6. Must enforcement agents always report failed levies and a full report
when dealing with vulnerable customers 7.would you employ enforcement
agents that have fraudulently concealed information that could cause
litigation to the council or serious damage to a protected party in the
past ?

thank you for your public concern in answering these questions asap.

8.who are your current agents

 

As the Council has concerns over the receipt of anonymous and, possibly,
pseudonymous requests, it has decided to tighten procedures and reserves
the right to ask for proof of identity. Therefore I would appreciate it if
you could provide, electronically or otherwise, some proof of your
identity.

 

The usual forms of proof such as passport, drivers licence or a utility
bill are acceptable but other formats will be considered as long as they
demonstrate the genuine identity of the requestor.

 

A request for information must contain the ‘real name’ and address of the
requestor:

 

Freedom of Information Act 2000 Section 8(1)(b):

 

In this Act any reference to a “request for information” is a reference to
such a request which—

 

        “…states the name of the applicant and an address for
correspondence”

 

I have attached the ICO guidance (Identity or motives of the applicant)
and would draw your attention to the section on page 4.

 

Alternatively, you are entitled to appeal to the Information Governance
Appeals Officer -

 

Information Governance Appeals Officer

Lewes District Council and Eastbourne Borough Council

1 Grove Road

EASTBOURNE

BN21 4TW

 

Email: [1][email address]

 

In the meantime your request has been put on hold until I receive your
reply.  If I do not hear from you within 20 working days of the date of
this email I will assume that you no longer wish to proceed with your
information request, and will take no further action.

 

Regards,

 

 

 

 

Regards,

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[2][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

References

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