EU Regulations - Bankruptcy Proceedings

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

Dear Epping Forest District 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

Vivienne Messenger, Epping Forest District Council

2 Attachments

Dear J Ross,

Freedom of Information Request Ref:966

I refer to your recent request for information about bankruptcy
proceedings re. non-payment of council tax, which was received by the
Council on 28 October 2019.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000 and will be responded to within twenty working days
of the date of its receipt by the Council.

If you have any queries about your freedom of information request, do not
hesitate to contact me. Please quote the reference number above in any
further communication concerning your request.

Yours faithfully,

Mrs V Messenger
Democratic Services Officer

Epping Forest District Council
Civic Offices,
High Street,
Epping,
Essex, CM16 4BZ

(01992) 564265

Amber Stewart, Epping Forest District Council

3 Attachments

Dear J Ross,

Freedom of Information Request Ref: 966

I refer to your recent request for information about Bankruptcy
Proceedings re. Non-Payment of Council Tax. The information you requested
is attached. 

The information supplied to you continues to be protected by copyright.
You are free to use it for your own purposes, including for private study
and non-commercial research, and for any other purpose authorised by an
exception in current copyright law. Documents (except photographs) can be
also used in the UK without requiring permission for the purposes of news
reporting. Any other reuse, for example commercial publication, would
require the permission of the copyright holder.

If you are dissatisfied with the handling of your freedom of information
request, you have the right to ask for an internal review. Internal review
requests should be submitted within two months of the date of your receipt
of this response to your request and should be addressed to: Rob Pavey,
Epping Forest District Council, Civic Offices, Epping, Essex, CM16 4BZ.

Please quote the reference number above in any further communication
concerning your freedom of information request.

If you are not satisfied with the outcome of an internal review, you have
the right to make a complaint to the Information Commissioner in
connection with the Council’s handling of your request. The Information
Commissioner can be contacted at: Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours faithfully,

Amber Stewart 

Epping Forest District Council
Civic Offices,
High Street,
Epping,
Essex, CM16 4BZ

(01992) 564000 Ext:2523