We don't know whether the most recent response to this request contains information or not – if you are Will Grant please sign in and let everyone know.

Change of carriage Bankruptcy Proceedings

We're waiting for Will Grant to read recent responses and update the status.

Dear Stratford on Avon District 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.
2. 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.
3. Does your council billing authority now or have they in the past changed the carriage of your petition to a different creditor.
4. 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.
5. 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.
6. 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.
7. Please provide the date and the name of the court that made the order.

Yours faithfully,

Will Grant

Info, Stratford on Avon District Council

 

Thank you for your email

 

This is to notify you that Stratford District Council have received your
correspondence and you will receive an official response in due course.

 

Please Note: This is an automated response - Please do not reply to this.

 

Customer Services Centre
Stratford on Avon District Council, Elizabeth House, Church Street,
Stratford upon Avon, Warwickshire, CV37 6HX
Switchboard +44 (0)1789 267575, email [1][Stratford on Avon District Council request email], web
[2]www.stratford.gov.uk

show quoted sections

This e-mail is confidential and may contain legally privileged
information. You should not disclose its contents to any other person. If
you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
out your own virus checks before opening the e-mail (and/or any
attachments).

Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and do not impose any legal obligation upon
the Council or commit the Council to any course of action.

Please visit www.stratford.gov.uk/privacy to view our privacy notice.

References

Visible links
1. mailto:[email address]
mailto:[Stratford on Avon District Council request email]
2. http://www.stratford.gov.uk/
http://www.stratford.gov.uk/

Stratford on Avon District Council

Processing FOI request
FOI #14063
We have started processing your FOI request, a response may take up to 20
working days. If you have not received a response after 23/10/2019 please
contact the council ([email address]).

Your FOI reference number is #14063

Regards
Freedom of Information Officer
Stratford-on-Avon District Council

Did you know you can now submit FOI requests on-line? Its much easier,
quicker and more efficient!

[1]Go to the FOI Portal on our Web site

show quoted sections

This e-mail is confidential and may contain legally privileged
information. You should not disclose its contents to any other person. If
you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
out your own virus checks before opening the e-mail (and/or any
attachments).

Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and do not impose any legal obligation upon
the Council or commit the Council to any course of action.

Please visit www.stratford.gov.uk/privacy to view our privacy notice.

References

Visible links
1. https://apps.stratford.gov.uk/FreedomOfI...

Stratford on Avon District Council

Processing FOI request
FOI #14064
We have started processing your FOI request, a response may take up to 20
working days. If you have not received a response after 23/10/2019 please
contact the council ([email address]).

Your FOI reference number is #14064

Regards
Freedom of Information Officer
Stratford-on-Avon District Council

Did you know you can now submit FOI requests on-line? Its much easier,
quicker and more efficient!

[1]Go to the FOI Portal on our Web site

show quoted sections

This e-mail is confidential and may contain legally privileged
information. You should not disclose its contents to any other person. If
you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
out your own virus checks before opening the e-mail (and/or any
attachments).

Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and do not impose any legal obligation upon
the Council or commit the Council to any course of action.

Please visit www.stratford.gov.uk/privacy to view our privacy notice.

References

Visible links
1. https://apps.stratford.gov.uk/FreedomOfI...

Stratford on Avon District Council

FOI Response #14063
FOI #14063
Dear Will Grant

Further to your request, please see answers to your questions below:

1) Stratford on Avon DC use external solicitors to instigate bankruptcy
proceedings. We did previously do some in house until the retirement of
the officer who carried out this function.
2) Stratford on Avon DC use external solicitors to prepare statutory
demands. We did previously do some in house until the retirement of the
officer who carried out this function. Stratford on Avon DC in all cases
has used external Process Server for service.
3) No always through external process server
4) No, action always on behalf of Stratford on Avon DC
5) No, petition always on behalf of Stratford on Avon DC
6) None
7) N/A in light of answer to 6

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. An internal review request should be
submitted in writing within 40 working days of receiving the original
reply and should be addressed to:
Phil Grafton, Monitoring Officer, Stratford-on-Avon District Council,
Elizabeth House, Church Street, Stratford-upon-Avon CV37 6HX.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:
Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Regards
Freedom of Information Officer
Stratford-on-Avon District Council

show quoted sections

This e-mail is confidential and may contain legally privileged
information. You should not disclose its contents to any other person. If
you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
out your own virus checks before opening the e-mail (and/or any
attachments).

Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and do not impose any legal obligation upon
the Council or commit the Council to any course of action.

Please visit www.stratford.gov.uk/privacy to view our privacy notice.

Stratford on Avon District Council

FOI Response #14064
FOI #14064
Dear Will Grant

Further to your request, please see answers to your questions below:

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. - Yes
2. 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. Yes and the external firm instructs the
Process Server on the Council's behalf
3. Does your council billing authority now or have they in the past
changed the carriage of your petition to a different creditor. - No
4. 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. No
5. 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. N/a
6. 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. N/a
7. Please provide the date and the name of the court that made the order.
N/a

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. An internal review request should be
submitted in writing within 40 working days of receiving the original
reply and should be addressed to:
Phil Grafton, Monitoring Officer, Stratford-on-Avon District Council,
Elizabeth House, Church Street, Stratford-upon-Avon CV37 6HX.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:
Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Regards
Freedom of Information Officer
Stratford-on-Avon District Council

show quoted sections

This e-mail is confidential and may contain legally privileged
information. You should not disclose its contents to any other person. If
you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
out your own virus checks before opening the e-mail (and/or any
attachments).

Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and do not impose any legal obligation upon
the Council or commit the Council to any course of action.

Please visit www.stratford.gov.uk/privacy to view our privacy notice.

We don't know whether the most recent response to this request contains information or not – if you are Will Grant please sign in and let everyone know.