Bailiff indemnities

Response to this request is delayed. By law, Cheshire West and Chester Council should normally have responded promptly and by (details)

Dear Cheshire West and Chester 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,

claire moore

claire moore

FOI West, Cheshire West and Chester Council

FOI West would like to recall the message, "RFI 2061-Freedom of Information Request-Baliffs".

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FOI West, Cheshire West and Chester Council

RE: Your request under the Freedom of Information Act 2000

 

Case Reference: RFI 2061

 

Dear Claire Moore

 

Thank you for your email dated 19th December 2019.

 

It will be treated as a request within the meaning of the Act: this means
that we will send you a full response within 20 working days, either
supplying you with the information which you want, or explaining to you
why we cannot supply it.

 

If we need any further clarification or there is any problem we will be in
touch.

 

 

Disclosures Team

Cheshire West and Chester Council

Tel: 0300 123 8 123

Email: [email address]

Location: Cheshire West and Chester Council, 4 Civic Way, Ellesmere Port
CH65 0BE

Visit: cheshirewestandchester.gov.uk

 

 

Michaela Dennis
Administration Assistant

Customer Relations and Information Governance
Cheshire West and Chester Council
Email:         [1][email address]
Location:  3^rd Floor (South) Council Offices, 4 Civic Way, Ellesmere
Port, CH65 0BE
Visit:           [2]www.cheshirewestandchester.gov.uk

 

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References

Visible links
1. mailto:[email address]
2. http://www.cheshirewestandchester.gov.uk/

FOI West, Cheshire West and Chester Council

RE: Your request under the Freedom of Information Act 2000

 

Case Reference: RFI 2061

 

Dear Claire Moore

 

Thank you for your email dated 19th December 2019.

 

It will be treated as a request within the meaning of the Act: this means
that we will send you a full response within 20 working days, either
supplying you with the information which you want, or explaining to you
why we cannot supply it.

 

If we need any further clarification or there is any problem we will be in
touch.

 

 

Disclosures Team

Cheshire West and Chester Council

Tel: 0300 123 8 123

Email: [email address]

Location: Cheshire West and Chester Council, 4 Civic Way, Ellesmere Port
CH65 0BE

Visit: cheshirewestandchester.gov.uk

 

 

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FOI West, Cheshire West and Chester Council

Dear Claire Moore

 

Thank you for your request for information of 19 December 2019 which has
been logged as RFI 2061 and has been dealt with under the Freedom of
Information Act 2000. We confirm that Cheshire West and Chester Council
holds information relating to your request.

 

For the purpose of clarity your request has been reproduced below:

 

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 ?

8.who are your current agents

 

Response

 

Q1 – There is no clause in the contract that would allow this under the
stated conditions. Further, we advise that Enforcement Agents are obliged
to operate in accordance with their own clearly defined vulnerability
policies as well as the Taking Control of Goods Regulations 2014.

 

Q 8 – We use Jacobs, and Bristow & Sutor

 

 

Q2 – 7 - These are not valid requests under FOI legislation, however under
Section 16 Advice and Assistance we advise that we do not hold this
information. To obtain this information, you would need to contact the
Enforcement Agents directly. Cheshire West and Chester Council use Jacobs
and Bristow & Sutor. Please see website information for both of these
companies below.

 

Please note that the Freedom of Information Act is for requesting recorded
information, therefore a response would not be provided for requests that
ask for an opinion or based on hypothetical questions.

 

[1]https://www.bristowsutor.co.uk/contact/

 

[2]https://www.jacobsenforcement.com/

 

We trust this is of assistance.

 

The Council considers that your request has been answered in full by
either confirming that information is not held, providing you with the
information requested, or explaining why any information has been withheld
and the reasons for any redaction. Where applicable, the Council has also
told you the reasons for the delay in responding to your request.

 

If you are unhappy with the way your request for information has been
handled you can request a review by writing to the Disclosures Team within
40 working days from the date of the Council’s response.

 

You are entitled to a review by the Council if:

• You are dissatisfied with the Council’s explanation of why the
application was not dealt with within the 20 working day time limit.

• All the information requested is not being disclosed and you have not
received an explanation why some information is not being disclosed.

• A reason for the disclosures under the request being refused is not
received.

• You consider that exemptions have been wrongly applied, and/or

• You consider that a fee has been wrongly applied.

 

Please set out your grounds for seeking a review together with what
specific part of your request those grounds apply to and the outcome you
are seeking. The Council reserves the right to ask you for clarification
of the grounds for your review request if the grounds are not clear, and
to delay commencing the review if such grounds are not provided.

 

The Disclosures Team can be contacted by email via:
[Cheshire West and Chester Council request email] or at the following address:

 

Disclosures Team

Cheshire West and Chester Council

4 Civic Way

Ellesmere Port

CH64 0BE

 

The Disclosures Team will acknowledge a request for an internal review
within 5 working days and complete the review as soon as possible and no
later than 40 working days from receipt of the request.

 

More information about the Council’s internal review process can be found
via:

 

https://www.cheshirewestandchester.gov.u...

 

If you remain dissatisfied following the outcome of your review, you have
a right of appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: www.ico.org.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

 

Disclosures Team – Customer Relations and Information

Cheshire West and Chester Council

Tel: 0300 123 8 123

Email: [email address]

Location: Cheshire West and Chester Council, 4 Civic Way, Ellesmere Port
CH65 0BE

Visit: cheshirewestandchester.gov.uk

 

 

PD  (INH) / Advice & Assistance

 

 

 

 

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