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EU Regulations - Bankruptcy Proceedings

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Dear Hillingdon Borough Council,

EU Regulations - Bankruptcy Proceedings

Please provide the following information under the FOIA for all periods that information is retained.

1. Information as to whether the council billing authority instigates bankruptcy proceedings against it's customer being a natural individual (not a company or trader) for non-payment of council tax under the EU Regulations or national law(Insolvency Act 1986 and Insolvency Rules).

2. Clarify if the council files a bankruptcy petition under the EU Regulations what cross border element applies.

(a) Does this cross border element apply to the council (local billing authority) or to your customer and state which EU Article and section applies that must be contained within the bankruptcy order.

(b) If the cross border element under the EU Regulations effects the council directly, please clarify where this legal entity is located and operates from.

(c) State the court or hearing centre or office that receives and hears these petitions.

3. National law also sets out the conditions for the opening of insolvency proceedings, including requirements relating to what notice should be given to your customer (debtor), both pre-insolvency and once insolvency proceedings have commenced.

(a) Identify who sends out these notices and if agents are used by the council in which capacity they act.

(b) Provide a copy of these notices and the information they must contain (customers details redacted).

(c) State the court or hearing centre or office that receives and hears these petitions.

(d) Confirm where the court makes a bankruptcy order whether the following is contained within that order that the council obtains 'the order that the court is satisfied that the EU Regulations does not apply in relation to the proceedings'.

4. Confirm what Data protection is in place for sharing your customers (natural individual person in contrast to a fictional entity) information and data in regards to the EU Regulation cross border element.

(a) And where no cross border element is involved (national law).

(b) State who is granted access and how this data and information is shared under national law, and where the EU Regulation cross border element applies.

Yours faithfully,

J. Ross

FOI ., Hillingdon Borough Council

Dear Sirs
 
I am writing in relation to the above request you have made under the
Freedom of Information Act.

Section 8 of the Freedom of Information Act 2000 states that in order for
a request to be valid it must state the name of the applicant. In this
instance your request does not constitute a valid request for information
as it does not include your name. In order for us to process this matter
any further we will require you to provide your full name.

If you have any enquires please do not hesitate to get in touch.

Regards

Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
T: 01895  556351

show quoted sections

Dear FOI .,

Hillingdon Borough Council has quoted the following section of FOIA and has everything it needs to conform with the Act, if you do not provide the information requested, please provide the precise section you rely on so that this request for information that has been provided by other local authorities can be forwarded to the ICO as a complaint.

Freedom of Information Act 2000 section 8 Request for information
(1) In this Act any reference to a "request for information" is a reference to such a request which-
(a) is in writing,
(b) states the name of the applicant and a address for correspondence, and
(c) describes the information requested.

(2) For the purposes of subsection (1)(a), a request is to be treated as made in writing where the text of the request-
(a) is transmitted by electronic means,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference.

Yours sincerely,

J. Ross

FOI ., Hillingdon Borough Council

Dear Sirs
Please provide your forename under section 8 of Freedom of information Act
2000 for us to progress your request.

Kind Regards
Nathalie Chuhan 
Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
T: 01895  556351

show quoted sections

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