Dear Department for Business, Innovation and Skills,

Hello,i was made bankrupt by the Hull City Council in November of 2005 for the sum of just over £1,100.

Could you please tell me why your department receives just short of £10,000 out of my estate as this now has cost me well over the sum of £160,000 please?

I have emailed your office a few times now,but to no avail.
Yours faithfully,

S.K.Bentley

Alison.Kelly,

1 Attachment

Dear Mr Bentley

 

In order to respond to your enquiry about your bankruptcy you will need to
provide confirmation of your identity and complete a Subject Access
Request (attached).  The completed form and ID can be sent to the FoIA and
DPA Compliance Manager, Technical Section, The Insolvency Service, 3rd
Floor, 1 City Walk, Leeds, LS11 9DA or can be scanned and e-mailed to
[1][email address]

 

Yours sincerely

 

Alison Kelly | Deputy Official Receiver | OR Hull
| The Insolvency Service | [2][email address] | Anchor
House, The Maltings, Silvester Street, Hull, HU1 3HA | 01482 323729 |
[3]www.bis.gov.uk/insolvency

 

 

This email is confidential and is intended solely for the use of the
individual or entity to whom it is addressed. If you are not an intended
recipient then you have received this e-mail in error and any use,
dissemination, forwarding, printing or copying is strictly prohibited. You
should contact the sender by return then delete all the material from your
system.

www.bis.gov.uk/insolvency

show quoted sections

FOI Requests, Department for Business, Innovation and Skills

BIS ref: 12/1112

 
Dear S.K.Bentley,

Thank you for your email of 26 July 2012 where you requested to know
why the department receives  £10,000 out of your estate.

 

Although you have indicated that you wish to make a request for
information, further to your 'right to know' contained in section 1 of the
Freedom of Information Act 2000 (FOIA), your email contains an enquiry
rather than a request for recorded information held by the Department for
Business Innovation and Skills (BIS).

Where a 'request for information' contains an enquiry, rather than a
specific request for copies of information held by BIS, we deal with such
requests as a 'normal course of business' enquiry rather than a formal
request for information under the FOIA.

This is in accordance with the guidance given in the ICO publication
'Freedom of Information & Environmental Information Regulations - Hints
for Practitioners handling FOI/EIR requests', which states on page 6
"Requests which are not for recorded information, but instead ask
questions, such as "please explain your policy on x" or "please explain
your decision to do y" are not requests for recorded information and
therefore should be treated as routine correspondence.". This publication
is available on the ICO website, and can be accessed via the following
link:
[1]http://www.ico.gov.uk/upload/documents/l...

 

You should send your enquiry to the Insolvency service who may be able to
assist you. If you have not already done so, then you may wish to send
your enquiry to the Insolvency Service at: [2][email address].

  

Please remember to quote the reference number above in any future
communications.

 

Yours sincerely,

 

H Hodgson

Information Rights Unit

Security and Information Rights Unit | Department for Business, Innovation
& Skills  | Victoria 3, 5th Floor, 1 Victoria Street, London, SW1H OET|
[3]www.bis.gov.uk

The Department for Business, Innovation and Skills (BIS) is making a
difference by supporting sustained growth and higher skills across the
economy. BIS: working together for growth

show quoted sections

Simon left an annotation ()

The fees charged are set by the Insolvency Act or more specifically, various rules added later. The fees are usually in several parts. There is a set fee charged for all cases for the administration and general work conducted by the Official Receiver. In addition to the general fee, the Official Receiver is entitled to a percentage (not sure what that is currently) of recoveries to compensate for extra work done to recover any assets.
I am not commenting on whether the fees are right or wrong, just what the various rules etc state, so please do not shoot the messenger.
Based on FOI training I have received in the past, your request would not really be covered under FOI but I may be wrong. I would have thought your request would either be Data Subject request or a general enquiry. I think there maybe a leaflet on the Insolvency Service website explaining the fees.

J Wilson left an annotation ()

Clearly the matter hasn't been dealt with as the Insolvency Service has simply ignored it. Why did they not simply respond to him as if he had made a Subject Access Request, or has he done so and simply can't be bothered to update the request because the whole system is corrupt in Law.

Being made Bankrupt in England & Wales for any amount of alleged debt, over £750 has been in violation of Human Rights on so many levels since 1949, and since 1999 has also been discrimination. Because after Scotland got their own Parliament again; one of the first things they did was to raise their 'bankruptcy level' to £1,500 and it is now £3,000 there, assuming that it has not been raised again.

Whereas the £750 level was set out in 1986 and has never been raised once since then, despite the existence of an authority given to the Secretary of Sate to so so. And even the so called Equality & Human Rights Commissions in Scotland or England, which only serve themselves, will do nothing to address this as a 'discrimination issue'.

Vote for this now and pass link on to others too http://38d.gs/1zzrP1t
However, I would have thought that the organizers of this website should have contacted Mr Bentley directly as they do have his email address and who knows what may have happened to him as a result of the States corrupt lackeys and laws stealing his property and human rights.

In UN General Comment No.32 issued in Aug 2007 (which replaced an earlier one from 1984), on the subject of "Equality before courts and tribunals, and to a fair trial" the Human Rights Committee said that:-
"A situation in which an individual’s attempts to access the competent courts or tribunals are systematically frustrated de jure or de facto runs counter to the guarantee of article 14, paragraph 1, first sentence.".

That sentence in the 'legally binding' International Covenant on Civil and Political Rights simply states that:-
"All persons shall be equal before the courts and tribunals.

Whereas as I've indicated above any English or Welsh National living in Scotland is better protected from Bankruptcy, than any Scot living in England & Wales has been since 1999/2000 to say the least. I don't know the law in Northern Ireland but I suspect that's its just as bad. Because all of these systems are based on 'arbitrary judgements' without any 'hearing' which complies with the second sentence of Article 14 of the Covenant which said that:-
"In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law".

But the whole English Legal process (also imposed on Wales) is and has been in violation of Human Rights because it has never been based on "Equality before the Courts or the Law".

Even the Freedom of Information Act is guilty of non compliance with the UN's comments above because it too is aimed at creating "de jure or de facto" obstacles in place to deny anyone their rights.

SO CONTACT MR BENTLEY NOW WDTK!