Clarification of your contempts of the law

Waiting for an internal review by Kensington and Chelsea TMO of their handling of this request.

Dear Kensington and Chelsea TMO,

Within the framework of the Freedom of Information Act 2000, please supply all recorded information held by the Authority which relates to the following:

(i) The total figures for reported breaches of the OFT ‘Unfair Terms in Tenancy Regulations 2005’ by RBKC/TMO since 2005. For the sake of clarification and the avoidance of doubt, please refer to the guidance issued by the Office of Fair Trading before responding and include separate figures for those reported breaches which were upheld and those which were ruled not represent breaches under these Regulations.

(ii) The total figures for the number of above reported breaches which related specifically to overdue/outstanding service charges and those which related specifically to overdue/outstanding rents. For the sake of clarification and the avoidance of doubt, please refer to section 4.2 of the OFT "on unfair terms in tenancy agreements" before responding on this point.

(iii) The total figures for RBKC/TMO Tenants whom the RBKC/TMO has taken legal action to terminate Tenancies or obtain Possession Orders since 2005. Please include separate figures for those Tenants falling within the scope of the February 2011 Supreme Court Ruling reported here: http://www.dailymail.co.uk/news/article-... .

(iv) The total figures of currently pending applications for Possession Orders by RBKC/TMO upon Tenants and a list of the specific Courts at which these are pending. If available, please also include the relevant Court References for each such pending case - information which is both within the Public Domain and falls outside the definition of 'Personal Data' within the framework of the Data Protection Act 1998.

(v) The details of those external law firms engaged to represent the Authority at Possession/Eviction Hearings or Appeals, meaning specifically those falling within the scope of the above requests. For the sake of clarification and the avoidance of doubt, I only require the names of any such Firms, not the names of specific solicitors, juniors, clerks or para-legals attending Court on their behalf. Given that the Authority would have paid such firms from public funds, details should not be considered 'Personal Data' within the framework of the Data Protection Act 1998 and therefore subject to disclosure under the 2000 Act.

(VI) It states under the OFT Unfair Terms in Tenancy Regulations 2005 sec 3.11 We object to terms allowing landlords to seek to deprive tenants of compensation in any circumstances in which they would normally be entitled to it by law.

(VII) During the major building works period of six years Tenants were overcharged by the TMO for services that were not provided, when will these be redressed, rectified and repaid or offset?

(VII) During the building works period Tenants were overcharged for Council tax and a 50% refund entitlement whilst major works are in progress, when will these be redressed, rectified and repaid or offset?

In the event that the RBKC/TMO considers that the cost/time exemption within the Framework of the 2000 Act may apply to all or part of this request, please provide the most recent information held falling within that limitation.

Yours sincerely,

Stuart Russell Cocks

General Executor/Official Chairman occupant of the office of the Trellick Tower Residents Association Estate-in-Trust

Kensington and Chelsea TMO

Thank you for contacting the TMO. 

This is an automated response and your request  cannot be logged or
responded to through this email address.

All enquiries need to be logged via our website [1]www.kctmo.org.uk.
Please use our [2]Contact Us form to log your enquiry.  Alternatively, you
can call our Customer Service Centre on 0800 137 111 or our mobile
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References

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Becky Bbear left an annotation ()

Stuart - Just an observation, but it would perhaps have been more appropriate to submit the request to RBKC itself, as the 'primary' Authority.

I say this because some of the requested information may technically not be held by the TMO, but rather by the Authority.

Best to cover all bases.

Becky

Stuart left an annotation ()

They have both been made the request as they are both equally culpable.

paul halloran left an annotation ()

go for it !

KCTMO is a self service management organisation. They have some very good people working there but policies make their good intentions unworkable or ineffective.

Becky Bbear left an annotation ()

Stuart - Should have guessed you would cover all bases.

With you all the way!

Becky

Stuart left an annotation ()

An order issued by any Judicial chair occupant who elects to ignore the evidence or acts in contempt of the evidence presented to the judicial chair occupant; amounts to a false instrument, which is abuse of office and leading to the imposition of costs attached to the false instrument - House of Lords ruling - Elman -v- Myers

European Convention on Human Rights. (ECoHR) Article 13. "EVERYONE whose rights and freedoms as set forth in this Convention that are violated SHALL have an effective remedy before a national authority not
withstanding that the violation HAS BEEN committed by persons acting in an OFFICIAL CAPACITY".

Dear Kensington and Chelsea TMO,

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

I am writing to request an internal review of Kensington and Chelsea TMO's handling of my FOI request 'Clarification of your contempts of the law'.

[ As a certified advanced network engineer I rebut that this FOI cannot be answered here]

Please answer it on a point by point basis

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

Yours faithfully,

Stuart

Kensington and Chelsea TMO

Thank you for contacting the TMO. 

This is an automated response and your request  cannot be logged or
responded to through this email address.

All enquiries need to be logged via our website [1]www.kctmo.org.uk.
Please use our [2]Contact Us form to log your enquiry.  Alternatively, you
can call our Customer Service Centre on 0800 137 111 or our mobile
friendly number, 020 361 770. 

 

 

References

Visible links
1. http://www.kctmo.org.uk/
2. http://www.kctmo.org.uk/online-forms-con...

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