Bailiff indemnities

Response to this request is delayed. By law, Waverley Borough Council should normally have responded promptly and by (details)

Dear Waverley 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,

steve perkins

Yours faithfully,

steve perkins

foi@waverley.gov.uk, Waverley Borough Council

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Freedom of Information, Waverley Borough Council

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Freedom of Information, Waverley Borough Council

Dear Mr Perkins,

Freedom of Information Request: WAV1404804

Thank you for your email requesting information on bailiffs.

We will deal with your request under the Freedom of Information Act 2000
and it is our intention to send you a response by 24 January 2020, 20
working days from the receipt of your email.

Yours sincerely,

Anastasia Koulouris
Legal Apprentice, Policy & Governance
Waverley Borough Council
[1]www.waverley.gov.uk
Direct Line: 01483 523063

show quoted sections

Freedom of Information, Waverley Borough Council

Dear Mr Perkins

Freedom of Information Request: Ref WAV1404804

I am writing in response to your request for information regarding Bailiff
indemnities.

I can confirm the following 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? N/A

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
.? N/A

6. Must enforcement agents always report failed levies and a full report
when dealing with vulnerable customers. NO

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

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. NO

In the event you are dissatisfied with the handling of your request, you
have the right to ask for an internal review, which will be carried out by
a separate Council Officer. Please remember to quote your reference number
in all future correspondence.

If you are still not satisfied with the outcome of the internal review,
you have the right to apply directly to the information Commissioner for a
decision.  The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.
Telephone: 0303 123 1113
Website: [1]www.ico.gov.uk

Yours sincerely,

Anastasia Koulouris
Legal Apprentice, Policy & Governance
Waverley Borough Council
[2]www.waverley.gov.uk
Direct Line: 01483 523063

show quoted sections

Dear Freedom of Information,

hello

thank you for your answers

however it is a concern that you do not respect human right law enough to make sure it is reepected befor3e a seizure

reporting failed levies of vulnerable should be a part of your contract in order to protect against equality breaches

Yours sincerely,

steve perkins

foi@waverley.gov.uk, Waverley Borough Council

Thank you for your email to the Information Rights service regarding
Freedom of Information or Data Protection.

Please take this automated response as acknowledgement of your email. Any
Freedom of Information or Data Protection requests will be formally
acknowledged within 3 working days. We aim to respond to all Freedom of
Information requests within 20 working days of receipt, and all Data
Protection requests within a month of receipt.

For further information about our services please visit
[1]https://www.waverley.gov.uk/info/200364/...

This email, and any files attached to it, is confidential and solely for
the use of the individual or organisation to whom it is addressed.
The opinions expressed in this email are not necessarily those of Waverley
Borough Council.
The Council is not responsible for any changes made to the message after
it has been sent. If you are not the intended recipient of this email or
the person responsible for delivering it to them you may not copy it,
forward it or otherwise use it for any purpose or disclose its contents to
any other person. To do so may be unlawful.
Please visit our website at http://www.waverley.gov.uk

References

Visible links
1. https://www.waverley.gov.uk/info/200364/...