Bailiff indemnities

The request was successful.

Dear Moray Council,

can you please answer under public interest using yes or no answers or a detailed description if you wish ...

the answers should 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 prior
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.before a seizure of a persons assets do you make sure under human rights act that the bailiff has done a fair and balanced test with regards to whether the seizure is in the favour of the public interest

Yours faithfully,

steve perkins

Yours faithfully,

steve

Moray Council

Reference: 101002358644

Dear Mr Perkins

REQUEST FOR INFORMATION UNDER THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your information request dated 2019-12-23. This is being dealt with under the Freedom of Information (Scotland) Act 2002.

The department which is dealing with your enquiry requires further information in order to identify and locate the information requested.

Moray Council does not use bailiffs. We do however employ a debt collector who will, if instructed, endeavor to recover housing, council tax and sundry (including parking) debts using a variety of methods including the use of Sheriff Officers. Can you please adviswe if you require a respons to your request in relation to this debt collection arrangement?

The 20 working days to deal with your request will be suspended until we have received a reply to our request for clarification. If you wish to discuss this matter further please contact Sophie Ward on 01343 563110 or email [Moray Council request email]. If clarification is not received within 40 working days, the request will be closed.

Please note that The Moray Council owns copyright in the material supplied in response to your enquiry unless otherwise stated. The supply of documents and information by the Council does not give the person or organisation who receives them the right to re-use the documents in a way which would infringe copyright under the Copyright, Designs and Patents Act 1988. Such material is not to be used commercially without permission from the copyright holder.

Should this information be reused for commercial purposes the information will be subject to the Re-use of Public Sector Information Regulations 2015. Under these regulations the Council is entitled to charge a fee for the re-use of information.

If you are dissatisfied in any way with the manner in which the Council has dealt with your request for information, you are entitled to ask the Council to review its actions and decisions. If you would like a review of the decision please write to the Records and Heritage Manager, Elgin Library, Cooper Park, Elgin, IV30 1HS. A review panel will convene and has 20 working days to consider and respond to your appeal. All appeal requests must be made in writing.

If you are still dissatisfied with the outcome of this review, then you may appeal by writing to the Scottish Information Commissioner via their online appeal service at www.itspublicknowledge.info/Appeal or to Kinburn Castle, Doubledykes Road, St Andrews, Fife KY16 9DS..

Further information on the Freedom of Information (Scotland) Act 2002 can be obtained by visiting www.moray.gov.uk or the Scottish Information Commissioner's website, www.itspublicknowledge.info.

Yours sincerely

Sophie Ward

Information Co-ordinator

01343 563110

The Moray Council

[Moray Council request email]

Dear Moray Council,

hello please continue to answer if you allow your debt collectors to seize assets.
if they are not allowed to seize assets then you have no need to answer

the question regards the concern of how debt collectors and enforcement agents seize goods

Yours faithfully,

steve

Info, Moray Council

Dear Mr Perkins,

Thank you for your reply, I have passed your request to the relevant department and we will respond in due course.

Yours sincerely,

Sophie Ward| Information Co-ordinator | Libraries and Information Services
[Moray Council request email] | website | facebook | twitter | newsdesk
01343 563110 | Work pattern: 12-5pm Mon-Fri

-----Original Message-----
From: steve <[FOI #630103 email]>
Sent: 06 January 2020 23:46
To: Info <[Moray Council request email]>
Subject: Re: Clarification Required for Freedom of Information Request

Dear Moray Council,

hello please continue to answer if you allow your debt collectors to seize assets.
if they are not allowed to seize assets then you have no need to answer

the question regards the concern of how debt collectors and enforcement agents seize goods

Yours faithfully,

steve

-----Original Message-----

Reference: 101002358644

Dear Mr Perkins

REQUEST FOR INFORMATION UNDER THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your information request dated 2019-12-23. This is being dealt with under the Freedom of Information (Scotland) Act 2002.

The department which is dealing with your enquiry requires further information in order to identify and locate the information requested.

Moray Council does not use bailiffs. We do however employ a debt collector who will, if instructed, endeavor to recover housing, council tax and sundry (including parking) debts using a variety of methods including the use of Sheriff Officers. Can you please adviswe if you require a respons to your request in relation to this debt collection arrangement?

The 20 working days to deal with your request will be suspended until we have received a reply to our request for clarification. If you wish to discuss this matter further please contact Sophie Ward on 01343 563110 or email [Moray Council request email]. If clarification is not received within 40 working days, the request will be closed.

Please note that The Moray Council owns copyright in the material supplied in response to your enquiry unless otherwise stated. The supply of documents and information by the Council does not give the person or organisation who receives them the right to re-use the documents in a way which would infringe copyright under the Copyright, Designs and Patents Act 1988. Such material is not to be used commercially without permission from the copyright holder.

Should this information be reused for commercial purposes the information will be subject to the Re-use of Public Sector Information Regulations 2015. Under these regulations the Council is entitled to charge a fee for the re-use of information.

If you are dissatisfied in any way with the manner in which the Council has dealt with your request for information, you are entitled to ask the Council to review its actions and decisions. If you would like a review of the decision please write to the Records and Heritage Manager, Elgin Library, Cooper Park, Elgin, IV30 1HS. A review panel will convene and has 20 working days to consider and respond to your appeal. All appeal requests must be made in writing.

If you are still dissatisfied with the outcome of this review, then you may appeal by writing to the Scottish Information Commissioner via their online appeal service at www.itspublicknowledge.info/Appeal or to Kinburn Castle, Doubledykes Road, St Andrews, Fife KY16 9DS..

Further information on the Freedom of Information (Scotland) Act 2002 can be obtained by visiting www.moray.gov.uk or the Scottish Information Commissioner's website, www.itspublicknowledge.info.

Yours sincerely

Sophie Ward

Information Co-ordinator

01343 563110

The Moray Council

[Moray Council request email]

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Moray Council

Reference: 101002358644

Dear Mr Perkins

REQUEST FOR INFORMATION UNDER THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your information request concerning Bailiff Indemnities dated 2019-12-23. This is being dealt with under the Freedom of Information (Scotland) Act 2002.

The response to your information request can be found on the Council's website http://www.moray.gov.uk/moray_standard/p... (please note that it can take up to 1 hour for the website to update).

We trust this satisfies your information request. It is the council's practice to publish all requests and responses on its website. If you have any queries about this email please contact Alison Morris on 01343 562633 or email [Moray Council request email] quoting the reference number given above.

Please note that The Moray Council owns copyright in the material supplied in response to your enquiry unless otherwise stated. The supply of documents and information by the Council does not give the person or organisation who receives them the right to re-use the documents in a way which would infringe copyright under the Copyright, Designs and Patents Act 1988. Such material is not to be used commercially without permission from the copyright holder.

Should this information be reused for commercial purposes the information will be subject to the Re-use of Public Sector Information Regulations 2015. Under these regulations the Council is entitled to charge a fee for the re-use of information.

If you are dissatisfied in any way with the manner in which the Council has dealt with your request for information, you are entitled to ask the Council to review its actions and decisions. If you would like a review of the decision please write to the Records and Heritage Manager, Elgin Library, Cooper Park, Elgin, IV30 1HS. A review panel will convene and has 20 working days to consider and respond to your appeal. All appeal requests must be made in writing.

If you are still dissatisfied with the outcome of this review, then you may appeal within 6 months by writing to the Scottish Information Commissioner via their online appeal service at www.itspublicknowledge.info/Appeal or to Kinburn Castle, Doubledykes Road, St Andrews, Fife KY16 9DS.

Further information on the Freedom of Information (Scotland) Act 2002 can be obtained by visiting www.moray.gov.uk or the Scottish Information Commissioner's website, www.itspublicknowledge.info.

Yours sincerely

Sophie Ward

Information Co-ordinator

01343 563110

The Moray Council

[Moray Council request email]