Dear West Berkshire 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, West Berkshire Council

FOI/2019/1363

 

Dear Mr Perkins

 

Request for information: Bailiff Indemnities

 

Thank you for your request received on 30 December 2019; we will seek to
respond within twenty working days.

 

Yours sincerely,

 

Rachel Craggs

Principal Policy Officer (Information Management)

Legal & Strategic Support, West Berkshire Council, Council Offices, Market
Street, Newbury RG14 5LD

(01635) 519441  |  Ext 2441  |  [1][email address]

[2]www.westberks.gov.uk

 

 

From: steve perkins [mailto:[FOI #630845 email]]
Sent: 28 December 2019 14:47
To: foi <[West Berkshire Council request email]>
Subject: Freedom of Information request - Bailiff indemnities

 

This is an EXTERNAL EMAIL. STOP. THINK before you CLICK links or OPEN
attachments.

Dear West Berkshire 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

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[3][FOI #630845 email]

Is [4][West Berkshire Council request email] the wrong address for Freedom of Information
requests to West Berkshire Council? If so, please contact us using this
form:
[5]https://www.whatdotheyknow.com/change_re...

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For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[7]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

foi, West Berkshire Council

FoI/2019/1363

 

Dear Mr Perkins,

 

Request for information: Bailiff Indemnities

 

Please see below the Council’s response to your request for information.

 

You have asked;

 

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/excessively
seized goods  to vulnerable people

No

 

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

No

 

3.     Would you allow enforcement agents to breach the equalities act if
it meant your business rates were collected?

No, not knowingly.

 

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

We would carry out an investigation to establish the full facts and act
accordingly.

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

We would need more details of exactly what is meant by this but that said,
Enforcement Agents have obligations regarding vulnerable debtors which we
would expect to be fulfilled.

6.    Must enforcement agents always report failed levies and a full
report when dealing with vulnerable  customers.

Again some of the wording is not clear and is not included in the current
legislation. We do receive a report on all cases where the agent is unable
to collect monies and responsibility for the case is handed back to the
council. Full case details are available to the council on every case held
by the agents even before a case is returned. If we (the council) withdraw
a case from an agent because we become aware that a debtor is vulnerable
or for any other reason, then we would not get a report from the agent as
the reason for the return should be already in our possession.

 

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, not knowingly

 

8.    Before a seizure of a person’s 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 ?

Yes - we do require our Enforcement Agents to comply with the Human Rights
Act 1998 (HRA). Taking control of goods affects the rights under Article 8
and Article 1 of the First Protocol. The ‘taking control of goods’ is a
procedure defined in Schedule 12 of the Tribunals Courts and Enforcement
Act 2007 which has the legitimate aim of collecting local revenue. The
procedure of removing goods involves a series of steps which rarely
results in goods actually being removed. As far as we are aware no goods
have ever been removed in West Berkshire by agents.

If you are unhappy with the way your request has been handled or the
outcome of your request, you may ask for an internal review. You should
contact The FoI Reviewing Officer, Strategic Support, Council Offices,
Market Street, Newbury RG14 5LD, email [1][email address] , within 40
working days, if you wish to request a review.

If you are not content 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

 

Yours sincerely,

 

Suzi Kenchington 

Information Compliance Officer

Legal and Strategic Support

West Berkshire Council, Council Offices, Market Street, Newbury, RG14 5LD

[2][email address] | 01635 519860 | 2860

 

 

From: steve perkins [[3]mailto:[FOI #630845 email]]
Sent: 28 December 2019 14:47
To: foi <[4][West Berkshire Council request email]>
Subject: Freedom of Information request - Bailiff indemnities

 

This is an EXTERNAL EMAIL. STOP. THINK before you CLICK links or OPEN
attachments.

Dear West Berkshire 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

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[5][FOI #630845 email]

Is [6][West Berkshire Council request email] the wrong address for Freedom of Information
requests to West Berkshire Council? If so, please contact us using this
form:
[7]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[8]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[9]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Dear foi,
Thank you .for clarity to give context and because it has been brought to our attention that a large bailiff up north has produced such a indemnity in secret .

If a bailiff takes goods in error by takign goods not owned by the debtor and 400 x the value but then lies to the council about ownership not being proven.council fail to check truth

When the assets taken are 400 x the debt from the wrong person

It puts the owner of the goods into mental health care.the trauma is too much

Bailiff then holds onto goods in the hope company will go bust and cannot sue.he lies to council about not proving ownership but doesnt make 1 phone call to any 1 of the invoice owners in three months even when he is aware of mental health issue

bailiff realises debtor in mental health care has threatened a injunction and says he can have goods back if he signs a secret indemnity against prosecutuion for the ea .he doesnt declare to the council.debtor is in care and suicidal he signs .

debtor loses hosues and business as value of goods now significantly less than funder leant .goods cant be sold within 6 months now

he conceals this from council

goods are returned but too late to 2 save 2 companies and 7 jobs

does that make it easier to answer?

Yours sincerely,

steve perkins

foi, West Berkshire Council

FoI/2019/1363

 

Dear Mr Perkins,

 

Request for information: Bailiff Indemnities

 

Thank you for your email, the contents of which have been noted. The
Council does not hold any additional information to respond to your
request therefore, the Council’s response below remains unchanged.

 

Yours sincerely,

 

Suzi Kenchington 

Information Compliance Officer

Legal and Strategic Support

West Berkshire Council, Council Offices, Market Street, Newbury, RG14 5LD

[1][email address] | 01635 519860 | 2860

 

 

 

From: steve perkins [mailto:[FOI #630845 email]]
Sent: 17 January 2020 18:34
To: foi <[West Berkshire Council request email]>
Subject: Re: FoI/2019/1363 - Perkins

 

This is an EXTERNAL EMAIL. STOP. THINK before you CLICK links or OPEN
attachments.

Dear foi,
Thank you .for clarity to give context and because it has been brought to
our attention that a large bailiff up north has produced such a indemnity
in secret .

If a bailiff takes goods in error by takign goods not owned by the debtor
and 400 x the value but then lies to the council about ownership not being
proven.council fail to check truth

When the assets taken are 400 x the debt from the wrong person

It puts the owner of the goods into mental health care.the trauma is too
much

Bailiff then holds onto goods in the hope company will go bust and cannot
sue.he lies to council about not proving ownership but doesnt make 1 phone
call to any 1 of the invoice owners in three months even when he is aware
of mental health issue

bailiff realises debtor in mental health care has threatened a injunction
and says he can have goods back if he signs a secret indemnity against
prosecutuion for the ea .he doesnt declare to the council.debtor is in
care and suicidal he signs .

debtor loses hosues and business as value of goods now significantly less
than funder leant .goods cant be sold within 6 months now

he conceals this from council

goods are returned but too late to 2 save 2 companies and 7 jobs

does that make it easier to answer?

Yours sincerely,

steve perkins

show quoted sections