Change of carriage Bankruptcy Proceedings

Will Grant made this Freedom of Information request to Chelmsford City Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

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

Dear Chelmsford City 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

Information Request, Chelmsford City Council

Dear Will,

 

I am sending this email in response to your Freedom of Information Act
(2000) request referenced IR 7477. Please use this reference in any
subsequent contact relating to this request.

 

Response

Please see a response below each of your questions:

 

 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, the Council has instigated bankruptcy proceedings against individuals
by out sourcing this work to an external solicitor firm.

 

 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.

 

The Council use external solicitors to serve a Statutory Demand and
instruct a process server.

 

 3. Does your council billing authority now or have they in the past
changed the carriage of your petition to a different creditor.

 

No, the Council has not changed the carriage of our 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.

 

n/a

 

 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.

 

On no occasions has the Council failed to prosecute our petition etc.
under this section of the insolvency rules.

 

 7. Please provide the date and the name of the court that made the order.

 

n/a

 

Right to Internal Review

If you are dissatisfied with this response or with the way your request
has been handled under the Freedom of Information Act, you have the right
to ask for your request to be independently reviewed by the Director of
Corporate Services. You should set out your representations in writing
explaining why you are dissatisfied with this response or the way your
request has been handled and send to [email address]. The review will
be conducted in accordance with the Council’s internal review procedure
which is published on its website at
http://www.chelmsford.gov.uk/node/33297. You will be notified of the
outcome of the review as soon as possible and in any event within 20
working days from receipt of your representations.

 

Appeal

If you should still remain dissatisfied following the outcome of the
review, you may apply to the Information Commissioner for a decision by
writing to:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow, Cheshire, SK9 5AF

Tel: 0303 1231113 or 01625 545745

 

Yours sincerely,

 

Heather Binns

Information Governance Officer

Chelmsford City Council

 

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