Dear Tonbridge and Malling Borough 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,

dan perkins

Yours faithfully,

dan74

Yours faithfully,

dan74

foi, Tonbridge and Malling Borough Council

Thank you for your e-mail, requesting that certain information is made available to you under the Freedom of Information Act 2000/Environmental Information Regulations 2004. The Council has now started to process your request.

The Council always aims to disclose information as quickly as possible. However, if for some reason we cannot complete your request within 20 working days (ie by 27/01/2020) we will write to you again before that date to explain why and to let you know when you will receive the information. Please remember that documents sent by post may take few extra days to reach you.

The Council will normally disclose all the information which you have requested unless there is a good reason for not doing so. If any information will not be disclosed because it is exempt, we will write to you and explain why. Please note that, whilst the Council will disclose documents which already exist and which contain the information which you have requested, the Council is not required to compile documents specifically to deal with your request.

Once the information has been identified, the Council can also ask that you pay a fee to cover the costs of any printing, photocopying, postage, etc., for processing and delivering the information to you. Details of any fee to be paid will be notified to you as soon as possible.

Please quote the reference number 19/872 in any future correspondence about this request.

If you are dissatisfied with this response, then you may ask the Council to conduct an internal review of your case by writing to the Council’s FOI Team ([Tonbridge and Malling Borough Council request email]). If you are still not content after the Council has conducted an internal review of your case, then you may apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the internal review procedure provided by the Borough Council.

The Information Commissioner can be contacted in writing at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Please quote the reference number at the top of this email in any future correspondence about this request.

Adrian Stanfield
Freedom of Information Co-Ordinator

website: www.tmbc.gov.uk

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Glen Pritchard, Tonbridge and Malling Borough Council

Dear Mr Perkins

Please find below requested information:-
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? No
2. Have you ever allowed bailiffs to make their own settlement agreements where goods have to be returned after 3 months? No
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? No
4. How would you react if they did this without you knowing? There would be an investigation
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 .? Yes
6. Must enforcement agents always report failed levies and a full report when dealing with vulnerable customers? Yes
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 ? No
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? No, this is covered by The Taking Control of Goods Regulations 2013

If you are dissatisfied with this response, then you may ask the Council to conduct an internal review of your case by writing to the Council’s FOI Team ([Tonbridge and Malling Borough Council request email]). If you are still not content after the Council has conducted an internal review of your case, then you may apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the internal review procedure provided by the Borough Council.

The Information Commissioner can be contacted in writing at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Please quote the reference number at the top of this email in any future correspondence about this request.

Regards

Glen Pritchard IRRV (Hons)
Revenues Manager

Manage your council tax account online and register for paperless billing at www.tmbc.gov.uk/ct-online

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Dear Glen Pritchard,

thank you for your prompt and transparant replies .congratulations on your steadfeast ethics with regards to these answers

Yours sincerely,

dan74