Ensuring customers are not subject to unnecessary recovery action, additional costs or hardship
Dear Ashfield District Council,
A council taxpayer who owes more than just the current year's liability runs the risk of incurring additional recovery costs through a further application for a liability order if payments which are intended for the current year's liability are allocated by the council's computer to the previous year's liability. This would most likely happen where a non specific payment is made and the computer software is set to automatically allocate these payments to the oldest year's debt.
Councils computer systems have the necessary flexibility to be set to allow non specific payments to be allocated to the arrears or the current year's liability.
I understand that the majority of billing authorities have their computer software set to ensure that their customers are not subject to unnecessary recovery action, additional costs or hardship, i.e. so non specific payments are allocated to the current year's liability.
How does Ashfield District Council have its computer software set to deal with non specific payments. Current or oldest year's liability?
Yours faithfully,
Gwyn Worth
Good morning
Ashfield District Council – Reference: 3608
Request for Information
Freedom of Information Act 2000 (FOIA)
Environmental Information Regulations 2004 (EIR)
Thank you for your request below received at the Council on 17 October
2017.
I can confirm your request is being considered and will be dealt with
within the statutory timescale of 20 working days as defined by the
Freedom of Information Act 2000/ Environmental Information Regulations
2004 (EIR), subject to the information not being exempt (or containing
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If you have any queries please do not hesitate to contact us at
[1][email address] or by writing to Freedom of Information for
Ashfield District Council, Urban Road, Kirkby-In-Ashfield, Nottingham NG17
8DA.
If you are not satisfied with how your request has been dealt with then
you should contact the Director of Legal and Governance (Monitoring
Officer) at Ashfield District Council, Urban Road, Kirkby-In-Ashfield,
Nottingham, NG17 8DA, telephone: (01623) 457329 or e-mail:
[2][email address].
If you are still not satisfied with the outcome of your complaint then you
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House, Water Lane, Wilmslow, Cheshire, SK9 5AF. [3]www.ico.org.uk,
Telephone - 0303 123 1113 (local rate) or 01625 545 745 if you prefer to
use a national rate number. Or email: [4][email address].
Kind regards
Vicky Knapp
Information Officer
Ashfield and Mansfield Legal Services
Ashfield District Council
Urban Road
Kirkby in Ashfield
Nottinghamshire
NG17 8DA
Tel 01623 457332
From: Gwyn Worth [mailto:[FOI #439570 email]]
Sent: 19 October 2017 09:01
To: foi <[email address]>
Subject: Freedom of Information request - Ensuring customers are not
subject to unnecessary recovery action, additional costs or hardship
This message originated from outside your organization
Dear Ashfield District Council,
A council taxpayer who owes more than just the current year's liability
runs the risk of incurring additional recovery costs through a further
application for a liability order if payments which are intended for the
current year's liability are allocated by the council's computer to the
previous year's liability. This would most likely happen where a non
specific payment is made and the computer software is set to automatically
allocate these payments to the oldest year's debt.
Councils computer systems have the necessary flexibility to be set to
allow non specific payments to be allocated to the arrears or the current
year's liability.
I understand that the majority of billing authorities have their computer
software set to ensure that their customers are not subject to unnecessary
recovery action, additional costs or hardship, i.e. so non specific
payments are allocated to the current year's liability.
How does Ashfield District Council have its computer software set to deal
with non specific payments. Current or oldest year's liability?
Yours faithfully,
Gwyn Worth
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Vicky Knapp
Information Officer
Ashfield and Mansfield Legal Services
Ashfield District Council
Urban Road
Kirkby in Ashfield
Nottinghamshire
NG17 8DA
Tel 01623 457332
From: Gwyn Worth [mailto:[FOI #439570 email]]
Sent: 19 October 2017 09:01
To: foi <[email address]>
Subject: Freedom of Information request - Ensuring customers are not
subject to unnecessary recovery action, additional costs or hardship
This message originated from outside your organization
Dear Ashfield District Council,
A council taxpayer who owes more than just the current year's liability
runs the risk of incurring additional recovery costs through a further
application for a liability order if payments which are intended for the
current year's liability are allocated by the council's computer to the
previous year's liability. This would most likely happen where a non
specific payment is made and the computer software is set to automatically
allocate these payments to the oldest year's debt.
Councils computer systems have the necessary flexibility to be set to
allow non specific payments to be allocated to the arrears or the current
year's liability.
I understand that the majority of billing authorities have their computer
software set to ensure that their customers are not subject to unnecessary
recovery action, additional costs or hardship, i.e. so non specific
payments are allocated to the current year's liability.
How does Ashfield District Council have its computer software set to deal
with non specific payments. Current or oldest year's liability?
Yours faithfully,
Gwyn Worth
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[1][FOI #439570 email]
Is [2][Ashfield District Council request email] the wrong address for Freedom of Information
requests to Ashfield District Council? If so, please contact us using this
form:
[3]https://www.whatdotheyknow.com/change_re...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://www.whatdotheyknow.com/help/offi...
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[5]https://www.whatdotheyknow.com/help/ico-...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
Good morning
Please see attached response
Kind regards
Vicky Knapp
Information Officer
Ashfield and Mansfield Legal Services
Ashfield District Council
Urban Road
Kirkby in Ashfield
Nottinghamshire
NG17 8DA
Tel 01623 457332
From: Gwyn Worth [mailto:[FOI #439570 email]]
Sent: 19 October 2017 09:01
To: foi <[email address]>
Subject: Freedom of Information request - Ensuring customers are not
subject to unnecessary recovery action, additional costs or hardship
This message originated from outside your organization
Dear Ashfield District Council,
A council taxpayer who owes more than just the current year's liability
runs the risk of incurring additional recovery costs through a further
application for a liability order if payments which are intended for the
current year's liability are allocated by the council's computer to the
previous year's liability. This would most likely happen where a non
specific payment is made and the computer software is set to automatically
allocate these payments to the oldest year's debt.
Councils computer systems have the necessary flexibility to be set to
allow non specific payments to be allocated to the arrears or the current
year's liability.
I understand that the majority of billing authorities have their computer
software set to ensure that their customers are not subject to unnecessary
recovery action, additional costs or hardship, i.e. so non specific
payments are allocated to the current year's liability.
How does Ashfield District Council have its computer software set to deal
with non specific payments. Current or oldest year's liability?
Yours faithfully,
Gwyn Worth
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[1][FOI #439570 email]
Is [2][Ashfield District Council request email] the wrong address for Freedom of Information
requests to Ashfield District Council? If so, please contact us using this
form:
[3]https://www.whatdotheyknow.com/change_re...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://www.whatdotheyknow.com/help/offi...
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[5]https://www.whatdotheyknow.com/help/ico-...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
Dear V.Knapp,
Thank you for stating that 'non-specific payments, those that do not match a current year instalment or an instalment on an agreement, will post to oldest debt first'.
Would you please confirm whether or not any measures are in place to check that allocating an unmatched payment to the oldest debt in these circumstances would have the consequences of putting the current year's liability also in arrears, and if so, in accordance with R. v Miskin Lower Justices [1953] 1 Q.B. 533, whether the payment would be moved in respect of the current year's account to avoid unnecessary recovery action, additional costs etc.?
Yours sincerely,
Gwyn Worth
Good morning
Your follow up request has been forwarded on to the relevant department
and will due answered in due course.
Kind regards
Vicky Knapp
Information Officer
Ashfield and Mansfield Legal Services
Ashfield District Council
Urban Road
Kirkby in Ashfield
Nottinghamshire
NG17 8DA
Tel 01623 457332
From: Gwyn Worth [mailto:[FOI #439570 email]]
Sent: 06 November 2017 08:10
To: V.Knapp <[email address]>
Subject: Re: Reply 3608
This message originated from outside your organization
Dear V.Knapp,
Thank you for stating that 'non-specific payments, those that do not match
a current year instalment or an instalment on an agreement, will post to
oldest debt first'.
Would you please confirm whether or not any measures are in place to check
that allocating an unmatched payment to the oldest debt in these
circumstances would have the consequences of putting the current year's
liability also in arrears, and if so, in accordance with R. v Miskin Lower
Justices [1953] 1 Q.B. 533, whether the payment would be moved in respect
of the current year's account to avoid unnecessary recovery action,
additional costs etc.?
Yours sincerely,
Gwyn Worth
Good morning
Please see attached response
Kind regards
Vicky Knapp
Information Officer
Ashfield and Mansfield Legal Services
Ashfield District Council
Urban Road
Kirkby in Ashfield
Nottinghamshire
NG17 8DA
Tel 01623 457332
From: Gwyn Worth [mailto:[FOI #439570 email]]
Sent: 06 November 2017 08:10
To: V.Knapp <[email address]>
Subject: Re: Reply 3608
This message originated from outside your organization
Dear V.Knapp,
Thank you for stating that 'non-specific payments, those that do not match
a current year instalment or an instalment on an agreement, will post to
oldest debt first'.
Would you please confirm whether or not any measures are in place to check
that allocating an unmatched payment to the oldest debt in these
circumstances would have the consequences of putting the current year's
liability also in arrears, and if so, in accordance with R. v Miskin Lower
Justices [1953] 1 Q.B. 533, whether the payment would be moved in respect
of the current year's account to avoid unnecessary recovery action,
additional costs etc.?
Yours sincerely,
Gwyn Worth
Dear V.Knapp,
Thank you for clarifying my query. I consider Ashfield District Council has provided the information I requested. The purpose of this exercise was to ascertain whether or not the principles surrounding the appropriation of payments were being adhered to.
R v Miskin Lower Justices (1953)
It was held in R v Miskin Lower Justices, that where an amount obviously relates to a specific liability, it would be an unwarranted assumption to allocate the payment elsewhere.
If no instruction is given at the time of payment, then the council has a duty to allocate payment to the account which it is most beneficial to the debtor to reduce. That would be in the majority of cases the current liability if the consequences of allocating payment to the arrears meant that the customer was subject to unnecessary recovery action, additional costs etc.
I understand by the council's response (see *note*) that there are measures in place to ensure that unspecified payments are allocated to the account which it is least burdensome for the debtor, and consequently the laws surrounding the appropriation of payments are being complied with. This effectively means that an unmatched payment allocated to the oldest debt (having the consequences of putting the current year's liability also in arrears) would be reallocated to the current year's liability on account of the circumstances implying that this was the debtor's intention (least burdensome for the debtor).
*Note*: "If an unmatched payment was made and the current year was not being paid in accordance with the demand, then the payment would be moved to the current year to avoid unnecessary recovery action."
Yours sincerely,
Gwyn Worth
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