Bailiff indemnities

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

Dear Woking Borough Council,

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

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

Comments, Woking Borough Council

Thank you for your email.

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Kind regards,

Customer Services
_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​_​___________________________
Woking Borough Council, Civic Office, Gloucester Square, Woking, Surrey GU21 6YL
Phone: 01483 755855 | Fax: 01483 768746 | Web: www.woking.gov.uk

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Comments, Woking Borough Council

Dear Mr Perkins,

Thank you for your email. I can confirm your request has been forwarded to our Policy team who will reply to you direct.

Regards

Customer Services

______________________________________________
Woking Borough Council, Civic Offices, Gloucester Square, Woking, Surrey, GU21 6YL
Phone: 01483 755855 | Fax: 01483 768746 | Web: www.woking.gov.uk

________________________________________
From: steve perkins [[FOI #630852 email]]
Sent: 28 December 2019 14:51
To: Comments
Subject: Freedom of Information request - Bailiff indemnities

Dear Woking Borough Council,

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

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

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

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Woking Borough Council

Dear Sir/Madam,

Freedom of Information Act 2000 - Information Request.

Reference: (4558-08524048)
Subject: Bailiff Indemnities/Business Rates Enforcement

Thank you for your request for information under the Freedom of
Information Act 2000. Your request was received on 28/12/2019 and we are
dealing with it under the terms of the Act.

You will receive the information requested within 20 working days unless
the Council does not hold the information or there is a reason for it to
be withheld. We will write to you in any event.

In the meantime, if you have any questions please do not hesitate to
contact the Democratic Services Team at Woking Borough Council.

Democratic Services (FOI Request).
Civic Offices,
Gloucester Square,
Woking,
GU21 6YL.
[1]Email: [email address]
Tel: 01483 755855

Yours faithfully,

Woking Borough Council,
Civic Offices,
Gloucester Square,
Woking,
GU21 6YL.

show quoted sections

Woking Borough Council

Dear Sir/Madam,

Freedom of Information Act 2000 - Information Request.
Our Reference (4558-08524048).

Further to your request for information dated 28/12/2019, I can confirm that your request has been dealt with as a formal request for information under the Freedom of Information Act 2000.

You requested;
FOI Request Subject `Bailiff Indemnities/Business Rates Enforcement`.
FOI Request Details;
can you please answer under public interest using yes or no answers or a detailed description if you wish ...business rates enforcement

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.

Following a search of our paper and electronic records, I can confirm that the Council does not hold the information falling within the description specified in your request. You have asked a series of hypothetical questions, rather than asking for information / data that is held by the Council. It is worth noting that Enforcement Agents must adhere to legislation, there are certain standards they must follow. The legislation they must follow is published and available elsewhere online.

I hope that you are satisfied with the way in which your request for information has been dealt with. If not, the Council has decided that any complaint regarding requests for information that cannot be dealt with satisfactorily on an informal basis should be dealt with in accordance with its established complaints procedure. Details of the Councils complaints procedure may be found at:

Complaints.
Woking Borough Council,
Civic Offices,
Gloucester Square,
Woking,
GU21 6YL.
Email: [email address]

Details of the Council's complaints procedure may be found at:
https://www.woking.gov.uk/council-and-de...

Alternatively, I can forward you a paper copy of a leaflet giving details. I am also happy to discuss any queries that you may have regarding how we have dealt with your request for information. In addition, you may apply to the Information Commissioner for a decision whether your request for information has been dealt with in accordance with the requirements of the Act (although I understand that the Information Commissioner may decline to become involved if you have not first exhausted the Council's complaints procedure).

The Information Commissioner may be contacted at:
Information Commissioner's Office.
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF.
Tel: 08456 306060 or 01625 545745
Email: [email address]
Website: www.ico.org.uk

Yours faithfully,

Terry Stocks.
Revenues Team Manager,
Woking Borough Council,
Civic Offices,
Gloucester Square,
Woking,
GU21 6YL.
[email address]

show quoted sections

Dear Woking Borough Council,

dear sirs

we have now asked over 100 councils the same questions and all have been able to answer

the questions maybe hypothetical to you but important in the public interest

the answers are all contained within your enforcement contract and your equality code.

you can visit how other responsible councils have answered by searching keyword bailiff indemnities on this page

im sorry but i believe you do have the answers or can answer using the above papers

Yours faithfully,

steve perkins

Comments, Woking Borough Council

We acknowledge receipt of your Freedom of Information Request. Your request has been forwarded to the Policy department for action.
Kind regards
Customer Services

______________________________________________
Woking Borough Council, Civic Offices, Gloucester Square, Woking, Surrey, GU21 6YL
Phone: 01483 755855 | Fax: 01483 768746 | Web: www.woking.gov.uk

________________________________________
From: steve perkins [[FOI #630852 email]]
Sent: 13 January 2020 19:56
To: Comments
Subject: Re: FOI Request Reference: (4558-08524048) Subject: Bailiff Indemnities/Business Rates Enforcement

Dear Woking Borough Council,

dear sirs

we have now asked over 100 councils the same questions and all have been able to answer

the questions maybe hypothetical to you but important in the public interest

the answers are all contained within your enforcement contract and your equality code.

you can visit how other responsible councils have answered by searching keyword bailiff indemnities on this page

im sorry but i believe you do have the answers or can answer using the above papers

Yours faithfully,

steve perkins

show quoted sections

Woking Borough Council

Dear Sir/Madam,

Freedom of Information Act 2000 - Information Request.

Reference: (4637-11002989)
Subject: Bailiff Indemnities/Business Rates Enforcement

Thank you for your request for information under the Freedom of
Information Act 2000. Your request was received on 13/01/2020 and we are
dealing with it under the terms of the Act.

You will receive the information requested within 20 working days unless
the Council does not hold the information or there is a reason for it to
be withheld. We will write to you in any event.

In the meantime, if you have any questions please do not hesitate to
contact the Democratic Services Team at Woking Borough Council.

Democratic Services (FOI Request).
Civic Offices,
Gloucester Square,
Woking,
GU21 6YL.
[1]Email: [email address]
Tel: 01483 755855

Yours faithfully,

Woking Borough Council,
Civic Offices,
Gloucester Square,
Woking,
GU21 6YL.

show quoted sections

Woking Borough Council

Dear Sir/Madam,

Freedom of Information Act 2000 - Information Request.
Our Reference (4637-11002989).

Further to your request for information dated 13/01/2020, I can confirm that your request has been dealt with as a formal request for information under the Freedom of Information Act 2000.

You requested;
FOI Request Subject `Bailiff Indemnities/Business Rates Enforcement`.
FOI Request Details;
We have now asked over 100 councils the same questions and all have been able to answer the questions maybe hypothetical to you but important in the public interest the answers are all contained within your enforcement contract and your equality code.

You can visit how other responsible councils have answered by searching keyword bailiff indemnities on this page

I'm sorry but i believe you do have the answers or can answer using the above papers

Dear Sir/Madam,

Freedom of Information Act 2000 - Information Request.
Our Reference (4558-08524048).

Further to your request for information dated 28/12/2019, I can confirm that your request has been dealt with as a formal request for information under the Freedom of Information Act 2000.

You requested;
FOI Request Subject `Bailiff Indemnities/Business Rates Enforcement`.
FOI Request Details;
can you please answer under public interest using yes or no answers or a detailed description if you wish ...business rates enforcement

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?

Answer = no

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

Answer = 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?

Answer = no

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

Answer = This has never happened in the past (that I know of). If this was found to be the case, it would be investigated and legal advice would be sought, which would determine how we would react.

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?

Answer = I am not sure what you mean by secret indemnity. We expect all transactions, arrangements etc to be clear and transparent, with no secrets. I certainly would not expect enforcement agents to create any vulnerable victims. We expect them to adhere to legislation and follow the practices listed highlighted in Civea. https://www.civea.co.uk.

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

Answer = enforcement agents are governed by legislation. I would expect this to be reported to us. I have no way of knowing whether this is always reported to us. However I have seen vulnerabilities noted on case files if agents become aware about them, and they are taken into account when recovering debts.

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 ?

Answer = I wouldn't employ any company that I was aware had fraudulently concealed information.

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.

Answer = We expect them to follow the practices listed highlighted in Civea. https://www.civea.co.uk/

Some of the questions you have asked are hypothetical, that is not to say that they are not important. I have answered your questions the best I can. I am not trying to avoid answering your questions, its just that commenting on how we would interpret a contract is a legal opinion rather than data which must be provided under the freedom of information act.

I would like to stress the point that we take vulnerabilities very seriously and consider them throughout the recovery process. We expect any enforcement agent that we instruct to do the same. We would expect them to adhere to legislation and the Civea code of practice.

I hope that you are satisfied with the way in which your request for information has been dealt with. If not, the Council has decided that any complaint regarding requests for information that cannot be dealt with satisfactorily on an informal basis should be dealt with in accordance with its established complaints procedure. Details of the Councils complaints procedure may be found at:

Complaints.
Woking Borough Council,
Civic Offices,
Gloucester Square,
Woking,
GU21 6YL.
.

I hope that you are satisfied with the way in which your request for information has been dealt with. If not, the Council has decided that any complaint regarding requests for information that cannot be dealt with satisfactorily on an informal basis should be dealt with in accordance with its established complaints procedure.

Complaints.
Woking Borough Council,
Civic Offices,
Gloucester Square,
Woking,
GU21 6YL.
Email: [email address]

Details of the Council's complaints procedure may be found at:
https://www.woking.gov.uk/council-and-de...

Alternatively, I can forward you a paper copy of a leaflet giving details. I am also happy to discuss any queries that you may have regarding how we have dealt with your request for information. In addition, you may apply to the Information Commissioner for a decision whether your request for information has been dealt with in accordance with the requirements of the Act (although I understand that the Information Commissioner may decline to become involved if you have not first exhausted the Council's complaints procedure).

The Information Commissioner may be contacted at:
Information Commissioner's Office.
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF.
Tel: 08456 306060 or 01625 545745
Email: [email address]
Website: www.ico.org.uk

Yours faithfully,

Terry Stocks.
Revenues Team Manager,
Woking Borough Council,
Civic Offices,
Gloucester Square,
Woking,
GU21 6YL.
[email address]

show quoted sections

Dear Woking Borough Council,

thank you terry for your willingness
it would be shockign wouldnt it

but a large bailiff firm has done what has been mentioned.so it was important to find out how you would react

the issue i believe is councils are ignoring the human rights act in place of tcog and this leaves u open

Yours faithfully,

steve perkins

Comments, Woking Borough Council

We acknowledge receipt of your Freedom of Information Request. Your request has been forwarded to the Policy department for action.
Kind regards
Customer Services

______________________________________________
Woking Borough Council, Civic Offices, Gloucester Square, Woking, Surrey, GU21 6YL
Phone: 01483 755855 | Fax: 01483 768746 | Web: www.woking.gov.uk

________________________________________
From: steve perkins [[FOI #630852 email]]
Sent: 14 January 2020 14:50
To: Comments
Subject: Re: FOI Request Reference: (4637-11002989) Subject: Bailiff Indemnities/Business Rates Enforcement

Dear Woking Borough Council,

thank you terry for your willingness
it would be shockign wouldnt it

but a large bailiff firm has done what has been mentioned.so it was important to find out how you would react

the issue i believe is councils are ignoring the human rights act in place of tcog and this leaves u open

Yours faithfully,

steve perkins

show quoted sections