Cannock Chase District Council Tax - Bankruptcy instead of enforcing Charging Orders

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

Dear Cannock Chase District Council,

Cannock Chase District Council Tax - Bankruptcy instead of enforcing Charging Orders

Under the Freedom of Information Act I wish to be provided with the following records.

(1) How many charging orders for non-payment of council tax have the council been granted and by which court, please include the date of the Interim Charging Order and Final Charging Order.

(2) For the above, the dates that both the Interim and Final Charging Orders were registered at the Land Registry.

(3) How many Charging Orders have been enforced by the council, please include the date.

(4) How many have not been enforced and instead the council has applied for bankruptcy, please include the date of the petition and bankruptcy order and the name of the court.

(5) Please provide the name of all in-house solicitors and external solicitors firms instructed to obtain charging orders on behalf of the council.

(6) Please provide the same as (5)for bankruptcy.

(7) Please give the reason the draconian method of bankruptcy has been used in place of enforcing charging orders and how many petitions were filed before the increase on 1 October 2015 of the £750 bankruptcy threshold and how many after the increase.

(8) Please confirm how many customers paid to reduce this amount to below the old threshold of £750 that was increased to £5000 on 1 October, please include the date, amount and method of payment.

(9) Please confirm how many customers who paid using your automated payment system had their letter sent after payment ignored by the council revenues staff.

(10) Please provide the title and names of the council revenues team and confirm if any of them have also given a reference to any of the council's external solicitors firms who they have farmed out the charging order and bankruptcy work to, and what previous connections they may have or had (if any).

Yours faithfully,

Deb Williams

Info Manager, Cannock Chase District Council

Thank you for your email.

 

If it is in regard to a Freedom of Information request you will receive a
response from us within 20 working days of the date of this email.

 

Thank you

Information Manager

Cannock Chase Council

 

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Info Manager, Cannock Chase District Council

Dear Deb Williams.

Thank you for your request which we were due to respond to by today.

Please accept our apologies for the delay, but I am assured we will be responding within the next 5 days.

Many thanks
Information Manager
Cannock Chase Council

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Dear Cannock Chase District Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Cannock Chase District Council's handling of my FOI request 'Cannock Chase District Council Tax - Bankruptcy instead of enforcing Charging Orders'.

This FOI was placed on the 30 November 2016 on the 5 January 2017 Cannock Chase District Council apologised for the delay and assured me that they would be responding within the next 5 days.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Deb Williams

Info Manager, Cannock Chase District Council

Dear Deb Williams

Thank you for your message.

Please accept our sincere apologies for the delay in returning this information.

The relevant department has been reminded on more than one occasion and I will be chasing this request with them every day until a reply is forthcoming.

Thank you again for your patience

Information Manager
Cannock Chase Council

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Info Manager, Cannock Chase District Council

Dear Deb Williams

 

Thank you for your request for information.

 

Please accept our apologies for the delay in responding. The information
has taken some time to retrieve.

 

(1) How many charging orders for non-payment of council tax have the
council been granted and by which court, please include the date of the
Interim Charging Order and Final Charging Order.

 

6 Charging Orders in total

 

5 at Walsall Court-

 

Interim Charging Order x2 dated 07.07.15

Final Charging Order x2 dated 07.09.15

Interim Charging Order dated 27.10.15

Final Charging Order dated 04.01.16

Interim Charging Order 30.10.15

Final charging Order 05.01.16

Interim Charging Order 05.11.15

Final Charging Order 15.01.16

 

1 at County Court Money Claims Court Salford

 

Interim Charging Order 29.07.16

Final Charging Order 26.09.16

 

 

(2) For the above, the dates that both the Interim and Final Charging
Orders were registered at the Land Registry.

 

Restrictions registered 20.07.2015 pursuant to Interim Charging Orders
dated 06.07.2015

Restriction registered 16.11.2015 pursuant to Interim Charging Order dated
30.10.2015

Restriction registered 02.11.2015 pursuant to Interim Charging Order dated
27.10.2015

Restriction registered 18.11.2015 pursuant to Interim Charging Order dated
05.11.2015

Restriction Registered 13.12.16 pursuant to Interim Charging Order dated
29.07.2016

 

We do not register the Final Charging Orders because once the Interim
Charging Order is registered with the Land Registry there is already a
restriction in place on the register of title and only incurs extra
expenditure.

 

(3) How many Charging Orders have been enforced by the council, please
include the date.

 

None

 

(4) How many have not been enforced and instead the council has applied
for bankruptcy, please include the date of the petition and bankruptcy
order and the name of the court.

 

None

 

(5) Please provide the name of all in-house solicitors and external
solicitors firms instructed to obtain charging orders on behalf of the
council.

 

Summers Nigh Law LLP

The Chapel

Little Brington

Northamptonshire

NN7 4HX

 

(6) Please provide the same as (5)for bankruptcy.

 

Summers Nigh Law LLP

The Chapel

Little Brington

Northamptonshire

NN7 4HX

 

 

(7) Please give the reason the draconian method of bankruptcy has been
used in place of enforcing charging orders and how many petitions were
filed before the increase on 1 October 2015 of the  £750 bankruptcy
threshold and how many after the increase.

 

Not applicable- see answer to (4) above

5 bankruptcy petitions were filed before 1 October 2015

3 bankruptcy petitions have been filed since 1 October 2015

 

(8) Please confirm how many customers paid to reduce this amount to below
the old threshold of £750 that was increased to £5000 on 1 October, please
include the date, amount and method of payment.

 

None

 

(9) Please confirm how many customers who paid using your automated
payment system had their letter sent after payment ignored by the council
revenues staff.

 

Unfortunately we are unable to answer as it is unclear what ‘letter’ this
refers to. If you could please provide clarification we would be happy to
help.

 

(10) Please provide the title and names of the council revenues team and
confirm if any of them have also given a reference to any of the council's
external solicitors firms who they have farmed out the charging order and
bankruptcy work to, and what previous connections they may have or had (if
any).

 

Revenues and Benefits Manager x 1

Revenues Manager x 1

Principal Officer- Council Tax x 1

Principal Revenues Officer- Business Rates x 1

Senior Revenues Officer x 5

Revenues Officers x 15

 

No references given in respect of external Solicitors.

 

No previous connections.

 

Actual names of members of staff will not be released as this information
is exempt from release under section 40(2) of the Freedom of Information
Act 2000 (Personal information). If you would like to let us know why you
would require personal names of individual members of staff perhaps we
could help in some other way.
Our switchboard number if it is of help is 01543 462621.

 

If you have any queries relating to how your request has been handled in
relation to the Freedom of Information Act 2000 please feel free to
contact me.

 

You can also complain to the Information Commissioner at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone:   01625 545 700

[1]www.ico.org.uk

 

Yours sincerely,

 

 

Information Manager

Cannock Chase Council

 

 

 

 

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