Dear Ms. Jenkins,

 

INFORMATION REQUEST

INFORMATION REQUEST

Thank you for your request for information, which we received on 5^th
December 2013. This e-mail is intended to acknowledge your request, and we
will respond to your request in a separate e-mail.

 

Most information requests are dealt with under the Freedom of Information
Act 2000.  However environmental information is considered for disclosure
under the Environmental Information Regulations 2004.  If the information
you have requested is personal information about yourself, we must
consider disclosure under the Data Protection Act 1998.  If this is the
case we will provide you with a subject access request form for completion
and notify you of relevant timescales and fees.

 

We will transfer the request to the correct legislation automatically, as
required by the Freedom of Information Act.  For further information on
how we will deal with your request, please see the table below.

 

If you have any queries or concerns then please contact us.

 

Yours sincerely,

 

Beverley Griffiths

Information Officer

 

  Freedom of Information Act 2000 &

Environmental Information Regulations 2004

 

We will consider the following points in dealing with your request for
information.

 

+------------------------------------------------------------------------+
|Timescales for |We will consider your request and you should |
|responding to you |receive the information within the statutory |
| |timescale of 20 working days, unless the |
| |information is not held or is exempt from |
| |disclosure. Both the Freedom of Information Act |
| |and the Environmental Information Regulations |
| |allow this timescale to be extended in certain |
| |circumstances.  If your request is affected by a |
| |timescale extension we will explain this to you. |
|----------------------+-------------------------------------------------|
|Third Party |If the information you request contains reference|
|Information |to a third party they may be consulted prior to a|
| |decision being taken on whether we disclose the |
| |information to you.  We will tell you if this is |
| |the case. |
|----------------------+-------------------------------------------------|
|Format of Information |We will try to respond in the format that you |
|provided |have requested.  If this is not possible we will |
| |let you know.  If you require alternative |
| |formats, e.g. language, audio, braille, large |
| |print, etc. then please let us know. |
|----------------------+-------------------------------------------------|
|Exemptions |The Freedom of Information Act and the |
| |Environmental Information Regulations 2004 define|
| |a number of exemptions, which may prevent release|
| |of the information you have requested.  Before we|
| |provide the information we will consider whether |
| |it is proper to release it.  If any of the |
| |exemption categories do apply then the |
| |information will not be released.  We will tell |
| |you if this is the case, and you will have a |
| |right of appeal. |
|----------------------+-------------------------------------------------|
|Fees |You may have to pay a fee for this information |
| |under the Freedom of Information and Data |
| |Protection (Appropriate Limits and Fees |
| |Regulations) 2004.  We will consider this and let|
| |you know.  If so you will have to pay the fee |
| |before we process and release the information.  |
| |The 20 working day time limit for responding will|
| |not resume until we receive your payment. |
|----------------------+-------------------------------------------------|
|You have the right to |If you wish to |If you are unhappy with that|
|appeal against our |appeal please set |decision you have the right |
|decision. |out in writing your |to appeal to: |
| |grounds of appeal | |
|  |and send to: |Information Commissioner's |
| | |Office - Wales, |
|Freedom of Information|Information Unit | |
|Act 2000 / |Caerphilly county |2nd Floor, |
|Environmental |borough council, | |
|Information |Penallta House, |Churchill House, |
|Regulations 2004 |Tredomen Park, | |
| |Ystrad Mynach, |Churchill Way, |
| |Hengoed. CF82 7PG | |
| | |Cardiff. CF10 2HH |
| |Appeals will be | |
| |determined by Mr. |  |
| |Dan Perkins – Head | |
| |of Legal & |Website: [1]www.ico.org.uk |
| |Democratic Services | |
| | |Telephone: 029 2067 8400 |
| | | |
| | |Email: [2][email address] |
| | | |
| | |  |
+------------------------------------------------------------------------+

 

 

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Dear Karen Jenkins

 

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

 

Thank you for your request for information received on the 5^th December. 
We have considered your request and enclose the following information:

 

List of Bailiff/Recovery Companies actively working for CCBC.

 

(a) Council tax and business rates recovery is carried out by Swift Credit
Services Ltd, Merthyr Tydfil and B & S Bailiff Services Ltd, Blackwood.

 

(b) Recovery from sundry debtors is carried out by Blackwood Debt Recovery
Services, Rossendales Collect Ltd and Moorcroft Debt Recovery Ltd.

 

(c) Commercial rent arrears collected under the Landlord and Tenant Act is
carried out by Swift Credit Services Ltd, Merthyr Tydfil.

 

(d) Housing benefit overpayment recovery is carried out by Rossendales
Collect Ltd and Ross and Roberts Ltd.

 

 

I would like copies of each company’s signed Contract and Bailiff
Agreement with CCBC.

 

(a) Copies of Swift Credit Services Ltd and B&S Bailiff Services Ltd
contracts and letters of contract continuity provided. Whilst the
continuity letter expired on 31.05.2013, the arrangements are continuing
in practice pending the implementation of the new regulations in respect
of enforcement agents that are due to become effective in April 2014. Our
current arrangements are to be reviewed and amended as necessary to
reflect the requirements of the new regulations at the appropriate
time.   

 

(b) Copies of contract agreements for Blackwood Debt Recovery Services,
Rossendales Collect Ltd and Moorcroft Debt Recovery Ltd are provided.

 

(c) There is no contract in place for commercial rent arrears collection
as this is carried out on an ad-hoc basis.

 

(d) There is no contract in place for housing benefit overpayment recovery
as this is carried out on an ad-hoc basis.

 

 

I would also like to see names and certificate numbers, including County
Court Registrations, of all individuals who were and still are enforcing
warrants on your approval.

This information is not held by Caerphilly County Borough Council.

 

Are fees or payments made to or from the bailiffs to the council, to
obtain an Enforcement Warrant?

Not relevant.

 

Does the Council perform any checks to ensure that the Bailiffs sent in
their name are behaving according to law?

Bailiffs are bound by Bailiff Guidelines issued by the Authority to the
bailiff companies acting in respect of the collection of council tax and
business rate arrears.     

 

Does the council sanction any bailiff found not to be operating according
to the signed Bailiff Agreement between CCBC and the Bailiff?

Any complaint received in respect of bailiff action is taken very
seriously by the Authority but ultimately it is a matter for the bailiff
company management to take appropriate action in such circumstances.    

 

What kind of Sanction is used?

No information is held by this Authority.

 

Is this Sanction then publicly available?

No information is held by this Authority.

 

What forms of identification are mandatory for a Bailiff acting on the
instructions of CCBC, when attempting to remove goods?

Bailiff Guidelines issued by the Authority to bailiff companies acting in
respect of collection require that the bailiff will at all times carry
full and proper photographic identification.

 

Does the Council check that Bailiffs operating on their behalf perform
correctly when dealing with vulnerable people, such as the elderly,
unemployed , unable to pay, or people who are ill?

Bailiffs are bound by Bailiff Guidelines issued by the Authority to the
bailiff companies acting in respect of the collection of arrears and
recovery.     

 

Does the council permit the sub-contracting, i.e. passing on of Warrants,
from one company to another?

No.

 

Where this has occurred, are all Bailiffs concerned still scrutinised by
CCBC for identifications and Certificates?

Not applicable.

 

What is the average total sum personally earned by a Bailiff working for
CCBC?

No bailiffs are directly employed by CCBC and therefore no information is
held.

 

We supply this information based on your original request.  If this is not
what you wanted or if you feel we have not fully understood your request
please do not hesitate to contact me to clarify your exact requirements.

 

If you have any queries or concerns or are in any way dissatisfied with
the handling of your request please contact me.

 

 

Yours sincerely

 

GARETH GRIFFITHS

Corporate Information Governance Assistant

 

 

 

 

Freedom of Information Act 2000 / Environmental Information Regulations
2004

 

You have the right to appeal against our decision.
If you wish to appeal please set If you are unhappy with that decision you
out in writing your grounds of have the right to appeal to:
appeal and send to:
 
Corporate Information Governance
Unit Information Commissioner’s Office – Wales
Caerphilly county borough 2nd Floor, Churchill House
council, Churchill Way
Penallta House Cardiff CF10 2HH
Tredomen Park
Hengoed. CF82 7PG  

  Tel: 029 2067 8400
Fax: 029 2067 8399
Appeals will be determined by Email: [1][email address]
Mr. Daniel Perkins – Head of
Legal and Democratic Services Website: [2]www.ico.org.uk

 

 

Re-use of information without permission may infringe the Copyright,
Designs and Patents Act 1988. Re-use can include, but is not limited to,
making multiple copies, publishing and issuing copies of the information
to a wider audience. If you would like to re-use copyright material owned
by Caerphilly County Borough Council, please contact us. Authorisation to
re-use copyright material not owned by this Authority should be sought
directly from the copyright owner.

 

    

 

 

show quoted sections

Dear Karen Jenkins

 

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

 

Thank you for your additional questions received on 9^th January. We have
considered your request and enclose the following information.

 

Please could you define and/or give examples of 'sundry debtors'?

A Sundry Debt is a payment for miscellaneous services provided by the
Council to individuals or organisations.

 

Are fees or payments made to or from the bailiffs to the council, to
obtain an Enforcement Warrant?

This information is not held by the Authority.  We do not issue
‘enforcement warrants’.  County Courts can issue Warrants of Execution,
for which the County Court would charge a set fee.  This has no connection
with Private Bailiffs or Debt Collection Agencies as they are issued by
the Court. Only County Court Bailiffs are able to execute these warrants.
  Therefore the question is not relevant.

 

What is the average sum earned by a Bailiff working on behalf of CCBC?

This information is not held.  We do not know the salary of a bailiff
employed by any of these Companies.

 

If you have any queries or concerns or are in any way dissatisfied with
the handling of your request please contact me.

 

Yours sincerely

 

GARETH GRIFFITHS

Corporate Information Governance Assistant

    

 

Freedom of Information Act 2000 / Environmental Information Regulations
2004

 

You have the right to appeal against our decision.
If you wish to appeal please set If you are unhappy with that decision you
out in writing your grounds of have the right to appeal to:
appeal and send to:
 
Corporate Information Governance
Unit Information Commissioner’s Office – Wales
Caerphilly county borough 2nd Floor, Churchill House
council, Churchill Way
Penallta House Cardiff CF10 2HH
Tredomen Park
Hengoed. CF82 7PG  

  Tel: 029 2067 8400
Fax: 029 2067 8399
Appeals will be determined by Email: [1][email address]
Mr. Daniel Perkins – Head of
Legal and Democratic Services Website: [2]www.ico.org.uk

 

 

Re-use of information without permission may infringe the Copyright,
Designs and Patents Act 1988. Re-use can include, but is not limited to,
making multiple copies, publishing and issuing copies of the information
to a wider audience. If you would like to re-use copyright material owned
by Caerphilly County Borough Council, please contact us. Authorisation to
re-use copyright material not owned by this Authority should be sought
directly from the copyright owner.

 

 

 

 

show quoted sections