Baliffs

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Common Law Jurisdiction

Dear Cheshire Constabulary,

1. How many times were your staff called out by baliffs, debt collectors and enforcement agents in 2016?

2. Please provide all data stored about each call out such call out such as recorded phone calls, reports, prosecutions, internal memos, videos, notes, investigations. Basically all data including the final outcome of each callout. Please provide what you have and don't invalidate the request for example if you don't know the outcome for a case.

3. How many bailiffs, debt collectors and enforcement agents were arrested for breach of the peace in 2016 by yourselves?

"Bart Joseph"
Yours faithfully,

Common Law Jurisdiction

Common Law Jurisdiction

Dear Cheshire Constabulary,

Please can you add High Court officers and Enforcement Agents or whatever they are called now in to each point of my 3 point baliff request.

Yours faithfully,

Common Law Jurisdiction

Freedom of Information, Cheshire Constabulary

Dear Sir/Madam

I acknowledge receipt of your correspondence received 14/01/2017 which is
being dealt with as a request for information in accordance with the
Freedom of Informaiton Act 2000.
I am in the process of dealing with your request and will respond in due
course and in any case by 10/02/2017.

Please contact us by email
at [1][email address] if you have any
further enquiries.

Regards

Freedom of Information Officer
Information Compliance
Cheshire Constabulary HQ
Clemonds Hey
Oakmere Road
Winsford
Cheshire
CW7 2UA

Tel :: 01606 366556

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

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Freedom of Information, Cheshire Constabulary

3 Attachments

Dear Mr Bart

 

REQUEST

1. How many times were your staff called out by baliffs, debt collectors
and enforcement agents in 2016?

2. Please provide all data stored about each call out such call out such
as recorded phone calls, reports, prosecutions, internal memos, videos,
notes, investigations. Basically all data including the final outcome of
each callout. Please provide what you have and don't invalidate the
request for example if you don't know the outcome for a case.

3. How many bailiffs, debt collectors and enforcement agents were arrested
for breach of the peace in 2016 by yourselves?

Please can you add High Court officers and Enforcement Agents or whatever
they are called now in to each point of my 3 point baliff request.

RESPONSE

 

1.    77

2.    Please see the attached document

3.    Nil

 

Please note: this information may not be entirely accurate as this has
been retrieved from our systems using a freetext search for the words
“Baliff, Debt Collectors, Enforcement Agents & High Court Officers”

 

If you are not satisfied with the decision applied in this case I enclose
for your attention a copy of the Constabulary's appeal procedures.

 

Regards

 

 

Sarah Davies, Freedom of Information Officer

Information Management| Cheshire Constabulary HQ | Clemonds Hey |

Oakmere Road | Winsford | Cheshire | CW7 2UA |

(Office: 01606 366556 | 

[1]CC_Logo_45mm_for_A5_DL

 

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

Visible links

Common Law Jurisdiction

Dear Freedom of Information,

Thank you living woman sarah for that information.

However, I am not convinced point 2 as below has been fulfilled:

"2. Please provide all data stored about each call out such call out such
as recorded phone calls, reports, prosecutions, internal memos, videos,
notes, investigations. Basically all data including the final outcome of
each callout. Please provide what you have and don't invalidate the
request for example if you don't know the outcome for a case."

All that I can find in your response is what your have categorized each incident has, which is obviously useful, but I suspect each incident will have more data attached to it. I realise you may have to make some redactions.

Please don't take this as a criticism or complaint. I am happy to wait for the data and you don't need to be in a mad rush to hit the 20 day deadline as long as you let me k ow of there is more and if you are providing it you needn't worry about that. I won't escalate it if you are making efforts and breach the deadline.

"Bart Joseph"
Yours sincerely,

Common Law Jurisdiction

Freedom of Information, Cheshire Constabulary

Good Morning Bart Joseph

Thank you for your email below; I have provided you with as much information as I possibly can with regards to your request. To provide all data stored would be burdensome to the Constabulary, disproportionate and in the main exceed the cost limit set out by the act.

You have been provided with call outs which are incidents - where it has been reported to the police. To then provide you with Prosecution Data alone would require cross referencing with our Crime Recording System to establish if a Crime was indeed committed, once it has been established we would then need to put each individuals name involved (there can be more than one offender per Crime) into the Police National Computer to establish if Prosecuted. This process is expected to take a minimum of 15 minutes per incident/prosecution. This is estimated to exceed the cost limit set out by the act. This equates to 19.5 hours for just the 77 incidents with 77 Offenders. This does not take into account there may be multiple offenders.

To then provide recorded phone calls, this would be a very costly and complex task as we would have to download the phone call then we would need to make the necessary redactions, without listening to all 77 incidents recorded, I would expect the majority of the phone call to be personal information (Exempt under Section 40 of the Act) which would be required to redact. Hence why I stated above, this would be burdensome, disproportionate effort and of little or no public interest. Therefore Section 14 (Vexatious) of the Act would apply which I am sure you wish to avoid where possible.

I hope this clarifies your query and I hope that the information you have been provided will assist you with your enquiry. Unfortunately I unable to assist with any further information relating to this request.

Kind regards

Sarah

Sarah Davies, Freedom of Information Officer
Information Management| Cheshire Constabulary HQ | Clemonds Hey |
Oakmere Road | Winsford | Cheshire | CW7 2UA |
OOffice: 01606 366556 | 

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Common Law Jurisdiction

Dear Freedom of Information,

Thank you for the explanation living woman sarah.

I know you didn't mean it in a bad way, but the purpose of this request wasn't vexatious. It was merely a probe in to the unlawful activities of baliffs to attempt to raise some awareness of the disgraceful behaviour of some of these characters.

It is quite reasonable that you refuse to waste so much time. Under Common Law you could lawfully tell me you are not obliged to answer at all, but thank you for the data you did provide.

Yours sincerely,

Common Law Jurisdiction