Bailiff indemnities

The request was successful.

Dear Wyre 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

Wyre Council, Wyre Borough Council

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Wyre Borough Council

Thank you for your email.

Wyre Council acknowledges receipt of your request. Your request will be handled by an officer who will respond under the terms of the Freedom of Information Act 2000 or Environmental Information Regulations 2004 as appropriate.

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Leo

Wyre Council

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Greener, Catherine, Wyre Borough Council

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Dear Mr Perkins

 

Re: Freedom of Information Request

 

Thank you for your email where you requested information regarding
business rates enforcement.

 

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 didn’t inform
you?   No.

 

4. How would you react if they did this without you knowing?   In the
unlikely event that this occurred contractual remedies would be followed. 

 

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, a report is provided in
respect of any returned liability order.

 

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 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?   Any
seizure of goods should be in accordance with the regulations (The Taking
Control of Goods Regulations 2013).

 

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Yours sincerely

 

Catherine Greener

 

Legal Executive

For Legal Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Catherine Greener
Legal Executive
Wyre Council

[email address]
01253 887428
Civic Centre, Breck Road, Poulton-le-Fylde, Lancashire, FY6 7PU

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Dear Greener, Catherine,

great ethics and transparancy
Yours sincerely,

steve perkins