Debt Collectors

The request was partially successful.

Dear East Ayrshire Council,

would like the following information through the Freedom Of
Information Act..........

1. Can I have a full list of Debt Collection Agencies who are
employed or used to collect Debt for East Ayrshire Council Council?

2.Can you tell me how they got the
contract to collect debt?

3. Did they tender for this contract?

4. How many times has the debt collectors be asked to (on behalf of
the
Council) to collect debt owed?

5. How many times have they been successful in collecting debt in
the cases where they were asked to do so?

6. Who own's the company?

7. Can I have a full list of Directors?

8. When the debt collectors are given notice to collect a debt, are
they
shown the full details of the case? i.e What the debt is for etc.

9. Does the Council have to witness a warrant being signed by Law?

10. Once the debt has been passed to the Debt collection agency,
how much does the agency keep? For example, let's say the debt is
for £1000, what goes back to the Council and what is kept by the
debt collection agency?

11. Is this debt taxed in any way after it is collected?

12. Does the debt collection agency 'buy' the debt from the
council... and if it
does, is it all debt or some?

13. They have 'sheriffs officers' on their staff, *no dispute* but
is it lawful for them to use this title when collecting debt? (it
give the impression they are acting for a
court)

14. Under contract law, who gave them agreement to act as a third
party to collect said debt. ( A contract is between two agreed
parties -
unless otherwise agreed)

Yours faithfully,

Brian Ovens

Freedom Of Information, East Ayrshire Council

Thank you for your request for information.

A response will be provided within 20 working days.

Regards

***************************************
Colin Urie
Freedom of Information Officer
East Ayrshire Council
London Road
KILMARNOCK
KA3 7BU

t: 01563 576094
f: 01563 576245
e: [email address]
w: www.east-ayrshire.gov.uk

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Freedom Of Information, East Ayrshire Council

1 Attachment

Dear Mr Ovens

I am responding to your recent request for information.  For ease of
reference I have listed my responses with each of your questions:

     1. Can I have a full list of Debt Collection Agencies who are 
employed or used to collect Debt for East Ayrshire Council? 

Details of all our contracts are published on our web-site as per our
Publication Scheme. 
[1]http://www.east-ayrshire.gov.uk/corpres/...

        The details on the register are:

Corporate Debt Recovery - Lot 1 Former Tenants Rent Arrears Recovery
Service    Stirling Park LLP      
Corporate Debt Recovery - Lot 2 Sheriff Officers' Services      George
Walker & Co. (trading as Walker Love)   

    

     2.Can you tell me how they got the contract to collect debt?

Tenders

    

     3. Did they tender for this contract?

See Q2

    

     4. How many times has the debt collectors be asked to (on behalf of 
the Council) to collect debt owed?

Council Tax

Year    No of cases     % Success

2008    13155   62.19

2009    12383   58.72

2010    11440   46.06

2011      5175  8.74

Non Domestic Rates

Year    No of cases     % Success

2008    597     65.06

2009    392     49.88

2010    350     32.05

2011    2       0.00

    

Former tenant housing arrears

Year            No of Records   Amount                  Year           
collected                       No of Records   Year to date           
Amount Outstanding     
2008-09         717     £281,776                        2008-09        
£17,629                 1506    2009            £646,673       
2009-10         536     £206,338                        2009-10        
£16,427                 1903    2010            £774,188       
2010-11         568     £250,223                        2010-11        
£31,359                 1879    2011            £708,995       
                                                                       
                                               
TOTAL:-         1821    £738,337                                       
£65,415                 5288                    £2,129,856     

     5. How many times have they been successful in collecting debt in the
cases where they were asked to do so?

See above

    

     6. Who own's the company?

Information not held

    

     7. Can I have a full list of Directors?

Information not held

    

     8. When the debt collectors are given notice to collect a debt, are
they shown the full details of the case? i.e What the debt is for etc.

Since we employ different companies to collect different debts they
will be aware in general terms what the debt relates to (eg Council
Tax debt)

          9. Does the Council have to witness a warrant being signed by
Law? 

This is asking for a legal opinion.  This information is not held.

    

     10. Once the debt has been passed to the Debt collection agency, how
much does the agency keep? For example, let's say the debt is for £1000,
what goes back to the Council and what is kept by the debt collection
agency?

There are different rates depending upon what steps are needed to
recover the debt.

    

     11. Is this debt taxed in any way after it is collected? 

I am not sure what you mean here.  Once the debt has been collected
the relevant sums are passed to the Council. 

    

     12. Does the debt collection agency 'buy' the debt from the
council... and if it does, is it all debt or some? 

No

    

     13. They have 'sheriffs officers' on their staff, *no dispute* but is
it lawful for them to use this title when collecting debt? (it give the
impression they are acting for a  court) 

This is seeking a legal opinion and is not covered by Freedom of
Information.

    

     14. Under contract law, who gave them agreement to act as a third
party to collect said debt. ( A contract is between two agreed parties -
unless otherwise agreed)

We have entered into contracts with specific companies for them to
pursue debts on our behalf.

I trust this is helpful, however if you are dissatisfied with my handling
of your request, the attached leaflet sets out your rights.

<<FOI-EIRS Review Procedures Notice (for applicants) v2-2.pdf>>

***************************************

Colin Urie

Freedom of Information Officer

East Ayrshire Council

London Road

KILMARNOCK

KA3 7BU

t: 01563 576094

f: 01563 576245

e: [email address]

w: www.east-ayrshire.gov.uk

***************************************

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