Bailiff indemnities

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

Dear Carmarthenshire Council,

can you please answer under public interest using yes or no answers...
they will 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 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.who are your current agents

Yours faithfully,

steve perkins

Yours faithfully,

steve

FOIA, Carmarthenshire Council

Diolch am eich ebost. Mae hwn yn derbyn sylw a bydd ymateb pellach yn cael
ei ddarparu cyn gynted â phosibl.

Os ydych yn gwneud cais am wybodaeth, bydd y cyfnodau isod yn berthnasol:

Deddf Rhyddid Gwybodaeth 2000/Rheoliadau Gwybodaeth Amgylcheddol 2004 - 20
diwrnod gwaith, oni bai bod angen eglurhad arnom ynghylch y wybodaeth yr
ydych yn gofyn amdano.

Rheoliad Diogelu Data Cyffredinol (ceisiadau am fynediad i ddata personol)
– un mis ar ôl derbyn y cais.

Os bydd angen eglurhad arnom ar unrhyw agwedd o’ch cais, byddwn yn
cysylltu â chi mor gynted ag y bo modd.

Tîm Llywodraethu Gwybodaeth
Cyngor Sir Gaerfyrddin

 

Thank you for your email. This is receiving attention and a further
response will be provided as soon as possible.

If you are making a request for information, the following timescales will
apply:

Freedom of Information Act 2000/Environmental Information Regulations 2004
- 20 working days, unless we need clarification regarding the information
you are seeking.

General Data Protection Regulation (requests for access to personal data)
– one month from the receipt of the request.

If we do need to clarify any aspect of your request, we will contact you
as soon as possible.

Information Governance Team
Carmarthenshire County Council

 

FOIA, Carmarthenshire Council

1 Attachment

Dear Mr. Perkins

I refer to your request for information, which was received on 19^th
December, 2019 and has been dealt with under the Freedom of Information
Act 2000.

The specific information you requested was as follows:

 

Can you please answer under public interest using yes or no answers...

 

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 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?

 

The question does not allow for a yes/no answer as requested

 

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?

 

Could you please explain what you mean in Enforcement terms by a 'secret
indemnity'?

 

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?

 

Could you please explain what you mean by a 'failed levy' in Enforcement
terms?

 

8.who are your current agents

 

Andrew James Enforcement Limited and Excel Civil Enforcement.

 

Yours sincerely

 

Julie John

Information Officer

ICT & Corporate Property/ TG a Pholisi Corfforaethol

Chief Executive’s Department/Adran Y Prif Weithredwr

Carmarthenshire County Council/Cyngor Sir Gaerfyrddin

 

Allanol/External (01267) 224498

Mewnol/Internal: 4498

 

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References

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Dear FOIA,

thank you .
with relation to 4,5,6

a secret indemnity is for example

when a bailiff makes a 3 month interference with someones goods after a wrongful levy.he needs to return goods but doesnt want to be sued so seeing the customer is in a mental health situation under duty of care he gets him to sign a indemnity to say he wont sue.
the bailiff then fails to report this indemnity that covers only him and not the council and breaks the equality duty and fails to report the failed levy
thus makign a financial gain at the hands of someone under mental health care when the goods were not his to hold for such a period of time

Yours sincerely,

steve

FOIA, Carmarthenshire Council

Diolch am eich ebost. Mae hwn yn derbyn sylw a bydd ymateb pellach yn cael
ei ddarparu cyn gynted â phosibl.

Os ydych yn gwneud cais am wybodaeth, bydd y cyfnodau isod yn berthnasol:

Deddf Rhyddid Gwybodaeth 2000/Rheoliadau Gwybodaeth Amgylcheddol 2004 - 20
diwrnod gwaith, oni bai bod angen eglurhad arnom ynghylch y wybodaeth yr
ydych yn gofyn amdano.

Rheoliad Diogelu Data Cyffredinol (ceisiadau am fynediad i ddata personol)
– un mis ar ôl derbyn y cais.

Os bydd angen eglurhad arnom ar unrhyw agwedd o’ch cais, byddwn yn
cysylltu â chi mor gynted ag y bo modd.

Tîm Llywodraethu Gwybodaeth
Cyngor Sir Gaerfyrddin

 

Thank you for your email. This is receiving attention and a further
response will be provided as soon as possible.

If you are making a request for information, the following timescales will
apply:

Freedom of Information Act 2000/Environmental Information Regulations 2004
- 20 working days, unless we need clarification regarding the information
you are seeking.

General Data Protection Regulation (requests for access to personal data)
– one month from the receipt of the request.

If we do need to clarify any aspect of your request, we will contact you
as soon as possible.

Information Governance Team
Carmarthenshire County Council