Dear J. Ross,

RFI: 6171   (CCC) EU Regulations - Bankruptcy Proceedings

Thank you for your request for information. Your request below will be
forwarded to the appropriate department to answer.

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.

We aim to respond to your request as soon as possible and within 20
working days. In the meantime if you have any questions please contact us.

Yours sincerely

Information Management Team

3C Shared Services

Email:
For South Cambridgeshire DC - [email address]
For Cambridge City Council -[Cambridge City Council request email]
For Huntingdonshire DC - [email address]

3C Shared Services is a strategic partnership between Cambridge City
Council, Huntingdonshire District Council and South Cambridgeshire
District Council

Appeals Process

The Council is committed to transparency and openness, and it is our
intention to comply fully with the laws that govern access to information.
If you have any cause to believe that the terms of the Freedom of
Information Act 2000 are not being met by us, please let us know in the
first instance. If you are still dissatisfied you can address your
complaint to the Information Governance Manager, who will undertake an
Internal Review of your case. Further to this you have the subsequent
option to contact the Information Commissioner’s Office.

Copyright

Provision of this information does not automatically infer the right to
copy publish or alter the information. In most cases the Council will own
the copyright of the information provided here, or the information will be
provided under the Open Government Licence (OGL), but the rights to some
information may belong to a third party and if so a re- use licence may be
required. Please contact us for advice.

Dear J. Ross,

Re: Request for Information (RFI: 6171)  (CCC) EU Regulations - Bankruptcy
Proceedings EU ...

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.

Thank you for your request for information above, which we have dealt with
under the terms of the Freedom of Information Act 2000.

I hope the following will answer your query:

1. The Council has not instigated bankruptcy proceedings against any
individual for non-payment of council tax in at least the past 6 years,
which is the longest period for which records would be held.

2. Not applicable.

3. Not applicable.

4. Not applicable.

We aim to provide a high quality service to you and hope that you are
satisfied with this response. If you have any further questions please do
not hesitate to contact us.

Yours sincerely

Information Management Team

3C Shared Services

Email:

For South Cambridgeshire DC - [email address]

For Cambridge City Council -[Cambridge City Council request email]

For Huntingdonshire DC - [email address]

3C Shared Services is a strategic partnership between Cambridge City
Council, Huntingdonshire District Council and South Cambridgeshire
District Council

Appeals Process

The Council is committed to transparency and openness, and it is our
intention to comply fully with the laws that govern access to information.
If you have any cause to believe that the terms of the FOI Act or EIR
Regulations are not being met by us, please let us know in the first
instance. If you are still dissatisfied you can address your complaint to
the Information Governance Manager who will undertake an Internal Review
of your case. Internal review requests should be submitted within two
months of the date of receipt of the response to your original request.
Further to this you have the subsequent option to contact the Information
Commissioner's Office.

Copyright

Provision of this information does not automatically infer the right to
copy publish or alter the information. In most cases the Council will own
the copyright of the information provided here, or the information will be
provided under the Open Government Licence (OGL), but the rights to some
information may belong to a third party and if so a re- use licence may be
required. Please contact us for advice.