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Change of carriage Bankruptcy Proceedings

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Dear City of York Council,

Change of carriage Bankruptcy Proceedings

1. Does your council billing authority or has it in the past, instigated bankruptcy proceeding against individuals by out sourcing this work to an external solicitor firm rather than carrying out this work in-house. For both council tax and business rates.
3. Does your council or have they in the past, instructed a external solicitor or solicitors firm to serve a Statutory Demand and a Bankruptcy Petition, do they further instruct a Process Server on the council billing authority behalf, or is this local service carried out by your in-house team of lawyers to save costs.
5. Does your council billing authority now or have they in the past changed the carriage of your petition to a different creditor.
6. Has the change of carriage of your petition ever been taken over by your external solicitor as a creditor in their own right and if so has an order been made by the court as to the change in carriage.
7. If your external solicitor has notified the council billing authority under The Insolvency (England and Wales) Rules 2016 s.10.29 of their intention to appear at a hearing and apply to the court for an order giving that person carriage of the petition in place of the original council billing authority petitioner, instead of prosecuting the original petition on your council's behalf. Please state the name of the person ("the relevant person")and how they became a creditor to the debtor, and if their debt was unsecured or secured. And whether their debt occurred due to appearing in court on behalf of the council billing authority in connection with the council instigating bankruptcy proceedings and instructing them to attend.
8. Please state the occasions and dates that the council billing authority as a petitioner has failed to prosecute your petition etc under this section of the insolvency rules and the reason given.
9. Please provide the date and the name of the court that made the order.

Yours faithfully,

Will Grant

foi@york.gov.uk, City of York Council

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Sanderson, Paul, City of York Council

1 Attachment

Dear Will,

 

Please see the answers to your questions added below in response to your
enquiry under the Freedom of Information Act received on 9^th September
2019.

 

I hope you find this information helpful, but if you are dissatisfied with
our response you have the right to ask for a review of how your enquiry
was handled and responded to. This can be done by contacting us through
[1][City of York Council request email] stating your reason(s) why you are dissatisfied. If you
remain dissatisfied after receiving the review response you can contact
the Information Commissioner, contact details below:

 

Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a
national rate number

Fax: 01625 524 510
Or email: [2][email address] (please include your telephone number)

 

Yours sincerely,

 

Paul

Paul Sanderson | Revenues & Benefits Manager (Tech IRRV)  
t: 01904 551116| e: [3][email address]

 

City of York Council  |  CBSS Finance, Income & Transactional Services

 West Offices|Station Rise | York YO1 6GA

[4]www.york.gov.uk | [5]facebook.com/cityofyork | [6]@CityofYork

 

 

 

 

 

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