Brighton and Hove City Council Tax - Prescribed Insolvency Forms used for Bankruptcy

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

Dear Brighton and Hove City Council,

Brighton and Hove City Council Tax - Prescribed Insolvency Forms used for Bankruptcy

Please confirm under the FOIA which prescribed Insolvency forms the council uses when bankrupting individuals for non-payment of council tax.

Prescribed Insolvency form 6.1 Statutory Demand under section 268(1)(a) of the Insolvency Act 1986 Debt for Liquidated Sum Payable Immediately and the corresponding prescribed form 6.7 Creditor's Bankruptcy Petition on failure to comply with a statutory demand for a liquidated sum payable immediately.

OR

Prescribed Insolvency Form 6.2 Statutory Demand under section 268(1)(a) of the Insolvency Act 1986 Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court and corresponding prescribed form 6.9 Creditor's Bankruptcy Petition Where Execution or Other Process on a Judgment has been Returned in Whole or Part.

Yours faithfully,

Ed Boyce

Freedom Of Information, Brighton and Hove City Council

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Freedom Of Information, Brighton and Hove City Council

Good Afternoon,

Please find response to FOI7222….

We can confirm that we use Prescribed Insolvency form 6.1 Statutory Demand
under section 268(1)(a) of the Insolvency Act 1986 Debt for Liquidated Sum
Payable Immediately and the corresponding prescribed form 6.7 Creditor's
Bankruptcy Petition on failure to comply with a statutory demand for a
liquidated sum payable immediately.

 

 

 

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Freedom Of Information, Brighton and Hove City Council

 

 

 

 

I am writing to apologise as our response to your Freedom Of Information
request FOI7222 is incorrect.  The answer we provided was on advice from
our Insolvency Solicitors.  They have since sent through a correction to
this advice.

 

Therefore the correct answer is;

 

We use Form 6.2 for the statutory demand because this is the prescribed
form for a debt which is payable following a judgment or order of the
court.  A magistrates’ liability is an order of the court.  If the debt is
not based on a judgment or liability order we use form 6.1. We use 6.7 for
the petition.

 

I apologise for any inconvenience or confusion sending through the
incorrect answer has caused.

 

Many thanks

 

Katie Rees

Information Governance Officer

Brighton & Hove City Council

Respect Collaboration Efficiency Openness Creativity Customer Focus

 

 

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Dear Freedom Of Information,

Please provide the name of Brighton and Hove City Council insolvency solicitors firm who gave you incorrect advise on 25 November 2016 and clarify why the Council uses the following prescribed insolvency forms and not the corresponding form, as stated on 2 December 2016.

Statutory Demand under section 268(1)(a) of the Insolvency Act 1986 Debt for Liquidated Sum Payable Immediately following a Judgment or Order of the Court does not correspond with prescribed Creditor's Bankruptcy Petition form 6.7 on failure to comply with a statutory demand for a liquidated sum payable immediately.The latter is not a petition where execution or other process on a judgment has been returned in whole or part.

Yours sincerely,

Ed Boyce

Freedom Of Information, Brighton and Hove City Council

Thank you for submitting your Freedom of Information (FOI) request to
Brighton & Hove City Council.

 

We will respond to your request within 20 working days as stipulated under
the Freedom of Information Act (2000).

 

Regards,

 

Information Governance Team

Notice to recipient:
The information contained in this electronic mail message is intended only
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and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
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that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

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Dear Freedom Of Information,

It has been well in excess of 20 days do you have an answer.

Yours sincerely,

Ed Boyce

Freedom Of Information, Brighton and Hove City Council

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Regards,

 

Information Governance Team | 01273 295959 | [2]Brighton & Hove City
Council

Notice to recipient:
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disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at [3]http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

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