Clarification of wrongful distress law

The request was refused by HM Courts and Tribunals Service.

Dear Her Majesty's Courts and Tribunals Service,

Under foi

I would like clarification of the law relating to

Excessive levy
and wrongful distress of goods

What is the law regarding the return of goods following poof of wrongful distress of goods and excessive levy

I am not asking for a opinion but the law regarding

If a debtor has five days to prove wrongful seizure
how long does a enforcement agent have to return the goods

at whose cost?

After five days then 15 days has passed should the goods either be sold or returned?

if a agent is proved to have excessively levied at what point of proof should excessive levy be admitted and thus goods returned .

again at whose costs

What are the reasonable steps a bailiff must go to to identify the costs of a particular item ?
if it is a uncommon item should a expert by law be required?

Yours faithfully,

steve

Disclosure Team, HM Courts and Tribunals Service

Dear Steve

Please note, under section 8(1) of FOIA, a request for information must comply with three requirements. It must:

(a) be in writing,
(b) state the name of the applicant and an address for correspondence, and
(c) describes the information requested.

After initial consideration, this request appears to comply with requirements (a) and (c) but it does not comply with requirement (b) because you have not provided your full name.
I am therefore not required to process your request without information that can later be referred to, as per Section 8(1)(b) FOIA. The information we require is your name.
As your request has been deemed invalid, I am not obliged to disclose the requested information at this point and I would like to take this opportunity to recommend that any future FOI submissions adhere to Section 8 of the FOIA.
To enable us to meet your request, please resubmit your application in accordance with the above requirements. We will consider your resubmitted request upon receipt as long as it meets the requirements stated above.
You will then receive the information requested within the statutory timescale of 20 working days as defined by the Act, subject to the information not being exempt.
You can find out more about Section 8 by reading the extract from the Act available at the attached link:
http://www.legislation.gov.uk/ukpga/2000...
Kind regards,

Disclosure Team

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Dear Disclosure Team,

sorry

Yours sincerely,

steve prkns

Disclosure Team, HM Courts and Tribunals Service

3 Attachments

 

Dear Sir,

 

Please find attached the response to your recent query.

 

Yours faithfully.

 

 

 

[1]Ministry of Justice Disclosure Team, Information
Services

Communications and Information
Services

Find out more on [2]People
Finder

Follow us on Twitter
[3]@MoJGovUK
[4]Protecting and advancing the principles of justice

 

 

 

 

 

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Dear Disclosure Team,

ok i hear you

what law will i find the law relating to the holding on of goods after a wrongful distress occurs?

Yours sincerely,

steve

Dear Her Majesty's Courts and Tribunals Service,

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

I am writing to request an internal review of Her Majesty's Courts and Tribunals Service's handling of my FOI request 'Clarification of wrongful distress law'.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

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,

steve

Disclosure Team, HM Courts and Tribunals Service

Thank you for your e-mail in which you asked for the following information
from the Ministry of Justice (MoJ)

 

“What law will i find the law relating to the holding on of goods after a
wrongful distress occurs?”

 

I am writing to advise you that your enquiry does not fall under the
Freedom of Information Act 2000 (FOIA) regime and has been rejected by the
Disclosure Team. We apologise for the delay in our response.

 

It may be helpful if I explain that the FOIA gives individuals and
organisations the right of access to all types of recorded information
held, at the time the request is received, by public authorities such as
the MoJ. Section 84 of the FOIA states that in order for a request for
information to be handled as a FOI request, it must be for recorded
information.

 

For example, a FOI request would be for a copy of a policy, rather than an
explanation as to why we have that policy in place. On occasion, the MoJ
receives requests that do not ask for recorded information, but ask more
general questions about, for example, a policy, opinion or a decision.

 

You may wish to re-submit your enquiry to the Ministry of Justice, which
will be treated as Official Correspondence. Our contact details are as
follows:

 

[HMCTS request email]

102 Petty France

London

SW1H 9AJ

 

If you do have any questions relating specifically to the FOIA or Data
Protection Act (DPA), please contact the Disclosure Team at the above
e-mail address.

 

Kind regards,

 

The Disclosure Team

 

 

 

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Disclosure Team, HM Courts and Tribunals Service

1 Attachment

Dear Sir,

 

Please find attached a reply to your Internal Review request.

 

On receipt of an FOIA request for specific recorded information, held by
the MoJ, MoJ can consider the request.

 

The Disclosure Team

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