Cross -Border Regulation /EU Regulation repeals common law rule - Council Billing Authorities - foreign creditors

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

Dear Insolvency Service,

Please provide all data you hold that relates to and confirms that Council Billing Authorities as foreign creditors proceeding under British Insolvency law as creditors in Great Britain.

That Cross-Border Regulation and EC/EU Regulation on Insolvency Proceedings repeals the common law rule that foreign tax judgements and foreign revenue law are unenforceable.

Yours faithfully,

Deb Williams

FOI, Insolvency Service

Dear Deb Williams

We acknowledge your Freedom of Information Act (FOI) request received by the Insolvency Service on the 31 May 2018.

The FOI Act gives certain rights to members of the public to access information held by public authorities. The FoI Act also encourages public authorities to proactively make information available to members of the public (except where exemptions apply) and respond to requests within 20 working days.

We will review your request and provide a response by 28 June 2018, in line with the 20 working days target.

Regards
| Data Protection & Freedom of Information Team| External Relations|The Insolvency Service-Delivering economic confidence|
| 4 Abbey Orchard Street, London, SW1P 2HT |Tel:  0207 637 6319| www.gov.uk/insolvency-service|
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Robert.Mak, Insolvency Service

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Dear Deb Williams

 

Thank you for your query. I am unclear as to the exact nature of the first
part of you request so, in order to assist me in replying substantively,
would you please clarify precisely what information you are seeking. Are
you seeking information on local authorities from outside Great Britain
that have submitted claims in insolvency proceedings in Great Britain, or
are you seeking information on something different?

 

With regards to the second part of your query, (and please note that I am
replying  as a matter of departmental correspondence, not a Freedom of
Information Act reply) Regulation (EU) 2015/848 of the European Parliament
and of the Council of 20 May 2015 on insolvency proceedings (‘the
Insolvency Regulation’) provides that foreign creditors have a right to
lodge claims in insolvency proceedings opened in another Member State (see
article 53). Article 2(12) provides a definition of ‘foreign creditor’ and
confirms that tax authorities and social security authorities of Member
States may assume the status of a foreign creditor. The full text of the
EU Insolvency Regulation may be viewed here:
[1]https://eur-lex.europa.eu/legal-content/...

 

Yours sincerely

 

Robert Mak  I  Policy Unit  I  The Insolvency Service – Delivering
economic confidence  I  4 Abbey Orchard Street, London SW1P 2HT  I  T: 020
7291 6708  I E: [2][email address]  I  W:
[3]www.gov.uk/insolvency-service 

 

Please note I do not work on Thursdays.

 

 

 

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References

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1. https://eur-lex.europa.eu/legal-content/...
2. mailto:[email address]
3. http://www.gov.uk/insolvency-service
4. http://www.gov.uk/insolvency-service/per...

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