Dear Basingstoke and Deane Borough Council,

nder foi or in the public interest can you please answer the following questions...we have had over 20 councils now reply to the same questions within 48 hours .we hope you will do the same

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
2. Have you ever allowed bailiffs to make their own settlement agreements where goods
have to be returned?
3. Would you allow enforcement agents to breach the equalities act by giving a protected party a disadvantage if it meant your
business rates were collected?
4. How would you react if they did this without you knowing?
5. Would you class a secret indemnity 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
thank you for your public concern in answering these questions asap.
7.if you knew a bailiff agency had hidden a secret indemnity and a failed levy from a large council for years knowing the victim was vulnerable and that the failed levy had caused insurmountable issues would this concern you ?

Yours faithfully,

steve perkins

Freedom of Information, Basingstoke and Deane Borough Council

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Basingstoke and Deane Borough Council

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Basingstoke

Hampshire

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United Kingdom

 

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Governance, Basingstoke and Deane Borough Council

Dear Steve Perkins,

Thank you for your recent request under the Freedom of Information Act
2000.

Your request has been passed to me to process and I can confirm that it
has been logged under the reference number 539/19.

The council may take upto 20 working days, from the date of receipt, to
respond to your request. You should therefore receive the information you
have requested, subject to the application of any exemptions we are
permitted to apply, within 20 working days.

If you require further information please contact me by phone on
01256845369 or by emailing [1][Basingstoke and Deane Borough Council request email].

For your information, we are publishing FOI requests and responses on the
council's website [2]www.basingstoke.gov.uk so the response to this
request may be published at a later date.

Yours sincerely
Information Management Officer
Basingstoke and Deane Borough Council
01256 845369
Email: [3][Basingstoke and Deane Borough Council request email]

 

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show quoted sections

Dear Basingstoke and Deane Borough Council,

hello

can you please answer if possible
Yours faithfully,

steve perkins

Freedom of Information, Basingstoke and Deane Borough Council

3 Attachments

Mr Perkins,

 

Thank you for your recent email with the subject heading Internal Review
and with the below email.

 

The deadline for this request is not until Monday the 20^th January and
therefore we will ensure a response is sent either on this date or, if
ready, then we will send it beforehand.

 

Kind regards

 

Caroline Nicholson
Paralegal
Basingstoke and Deane Borough Council
Tel: 01256 845663
[email address]
www.basingstoke.gov.uk
 [1]@BasingstokeGov   [2]@BasingstokeGov

From: steve perkins [mailto:[FOI #629356 email]]
Sent: 10 January 2020 17:33
To: Freedom of Information <[Basingstoke and Deane Borough Council request email]>
Subject: Internal review of Freedom of Information request - Bailiff
indemnities

 

**** PLEASE NOTE: This message has originated from a source external to
Basingstoke & Deane Borough Council, and has been scanned for viruses.
Basingstoke and Deane Borough Council reserves the right to store and
monitor e-mails ****

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Dear Basingstoke and Deane Borough Council,

hello

can you please answer if possible
Yours faithfully,

steve perkins

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[3][FOI #629356 email]

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Data Protection – personal data you provide to the council will be
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show quoted sections

Freedom of Information, Basingstoke and Deane Borough Council

5 Attachments

Dear Mr Perkins,

 

Further to your recent request made under the Freedom of Information Act
2000, please find below the information requested:-

 

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 - If goods have to be released it’s either
because payment has been made in full or the enforcement power has
otherwise been withdrawn, in which case goods are simply released.  There
is no ‘settlement’ as such and if the party wanted to seek damages as a
result of the actions leading to goods being first seized then released
then they would have to use the remedy at paragraph 66(a).

3. Would you allow enforcement agents to breach the equalities act by
giving a protected party a disadvantage if it meant your
business rates were collected? – No everyone is bound by the Equalities
Act
4. How would you react if they did this without you knowing? N/A
5. Would you class a secret indemnity which achieves a gain at the cost to
the
vulnerable victim a material breach of contract .? – Unsure what a secret
indemnity is so unable to answer this question
6. Must enforcement agents always report failed levies and a full report
when dealing
with vulnerable customers – Unsure what a failed levy is so unable to
answer this question
thank you for your public concern in answering these questions asap.
7.if you knew a bailiff agency had hidden a secret indemnity and a failed
levy from a large council for years knowing the victim was vulnerable and
that the failed levy had caused insurmountable issues would this concern
you ? Unsure what a secret indemnity and a failed levy is so unable to
answer this question

 

If you are unhappy with the handling of your request, you have the right
to request an internal review within 40 days of our initial response and
please note that we are not obliged to accept internal reviews after this
date.

 

If you wish to request an internal review please write to:

 

The Data Protection Officer, Basingstoke and Deane Borough Council, Civic
Offices, London Road, Basingstoke, Hampshire RG21 4AH.

 

If you are not content with the outcome of the internal review, you have
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Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF

 

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[3]FOI Disclosure Log

 

Yours sincerely

 

Sarah Gorvin
Paralegal - Information Governance
Basingstoke and Deane Borough Council
Tel: 01256 845485
[email address]
www.basingstoke.gov.uk
 [4]@BasingstokeGov   [5]@BasingstokeGov

 

From: Freedom of Information
Sent: 13 January 2020 09:25
To: 'steve perkins' <[FOI #629356 email]>
Subject: RE: Internal review of Freedom of Information request - Bailiff
indemnities (539/19)

 

Mr Perkins,

 

Thank you for your recent email with the subject heading Internal Review
and with the below email.

 

The deadline for this request is not until Monday the 20^th January and
therefore we will ensure a response is sent either on this date or, if
ready, then we will send it beforehand.

 

Kind regards

 

Caroline Nicholson
Paralegal
Basingstoke and Deane Borough Council
Tel: 01256 845663
[6][email address]
[7]www.basingstoke.gov.uk
 [8]@BasingstokeGov   [9]@BasingstokeGov

From: steve perkins
[[10]mailto:[FOI #629356 email]]
Sent: 10 January 2020 17:33
To: Freedom of Information <[11][Basingstoke and Deane Borough Council request email]>
Subject: Internal review of Freedom of Information request - Bailiff
indemnities

 

**** PLEASE NOTE: This message has originated from a source external to
Basingstoke & Deane Borough Council, and has been scanned for viruses.
Basingstoke and Deane Borough Council reserves the right to store and
monitor e-mails ****

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

Dear Basingstoke and Deane Borough Council,

hello

can you please answer if possible
Yours faithfully,

steve perkins

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[12][FOI #629356 email]

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show quoted sections

Dear Freedom of Information,

thank you for askign for clarity on a secret indemnity

if you can answer using your contract and code of ethics to answer if you would deem this a material breach

a bailiff seizes 400 x the debt value from the wrong company
he causes trauma to the real owner causing mental break down
he offers to return the goods after 3 months 3 MONTHS
but only if th vulnerable person in care signs a indemnity to say he wont sue them
the fails to report this or the failed levy to the council

so he has a indemnity protecting him from prosecution from a vulnerable person the council know nothing about and that protects him from being sued for depriving 2 companies of their goods for 3 months

hope that gives clarity

Yours sincerely,

steve perkins

Freedom of Information, Basingstoke and Deane Borough Council

3 Attachments

Dear Mr Perkins.

 

Thank you for your recent email. I will forward this to the correct
officer to ask for their response.

 

I will revert to you once this has been received.

 

Kind regards

 

Caroline Nicholson
Paralegal
Basingstoke and Deane Borough Council
Tel: 01256 845663
[email address]
www.basingstoke.gov.uk
 [1]@BasingstokeGov   [2]@BasingstokeGov

From: steve perkins [mailto:[FOI #629356 email]]
Sent: 15 January 2020 14:38
To: Freedom of Information <[Basingstoke and Deane Borough Council request email]>
Subject: Re: Freedom of Information request - Bailiff indemnities (539/19)

 

**** PLEASE NOTE: This message has originated from a source external to
Basingstoke & Deane Borough Council, and has been scanned for viruses.
Basingstoke and Deane Borough Council reserves the right to store and
monitor e-mails ****

show quoted sections

Dear Basingstoke and Deane Borough Council,

hello

can you please answer if possible
Yours faithfully,

steve perkins

-------------------------------------------------------------------
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[12][FOI #629356 email]

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Data Protection – personal data you provide to the council will be
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Caroline Nicholson, Basingstoke and Deane Borough Council

4 Attachments

Mr Perkins,

 

I have now had confirmation from the appropriate officer that following
your clarification we do not hold this information.

 

Kind regards

 

Caroline Nicholson
Paralegal
Basingstoke and Deane Borough Council
Tel: 01256 845663
[email address]
www.basingstoke.gov.uk
 [1]@BasingstokeGov   [2]@BasingstokeGov

From: Freedom of Information
Sent: 16 January 2020 08:55
To: steve perkins <[FOI #629356 email]>
Subject: RE: Freedom of Information request - Bailiff indemnities (539/19)

 

Dear Mr Perkins.

 

Thank you for your recent email. I will forward this to the correct
officer to ask for their response.

 

I will revert to you once this has been received.

 

Kind regards

 

Caroline Nicholson
Paralegal
Basingstoke and Deane Borough Council
Tel: 01256 845663
[3][email address]
[4]www.basingstoke.gov.uk
 [5]@BasingstokeGov   [6]@BasingstokeGov

From: steve perkins [[7]mailto:[FOI #629356 email]]
Sent: 15 January 2020 14:38
To: Freedom of Information <[8][Basingstoke and Deane Borough Council request email]>
Subject: Re: Freedom of Information request - Bailiff indemnities (539/19)

 

**** PLEASE NOTE: This message has originated from a source external to
Basingstoke & Deane Borough Council, and has been scanned for viruses.
Basingstoke and Deane Borough Council reserves the right to store and
monitor e-mails ****

show quoted sections

Dear Basingstoke and Deane Borough Council,

hello

can you please answer if possible
Yours faithfully,

steve perkins

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[12][FOI #629356 email]

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notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this Email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
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attachment or other document supplied with this e-mail. All GCSx traffic
may be subject to recording and / or monitoring in accordance with
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