EU Regulations - Bankruptcy Proceedings

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

Dear Fareham 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

Fareham Borough Council

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FOI, Fareham Borough Council

4 Attachments

Dear J Ross

 

I write to acknowledge receipt of your Freedom of Information request.

 

Your request is currently being investigated and I will endeavour to
provide you with a full response within 20 working days from the date of
your request.

 

If I am unable to do so, I will contact you again to advise of a date when
I will be able to provide you with the information requested, or the
reason why I am unable to provide it.

 

Yours Sincerely

 

Melanie Bettley
Committee and Information Officer
Fareham Borough Council
01329824598

[1]https://www.fareham.gov.uk/control/image...

From: Mitel Contact Centre <[email address]>
Sent: 17 September 2019 08:56
To: FOI <[email address]>
Subject: RE: Freedom of Information request - EU Regulations - Bankruptcy
Proceedings

 

FYA

 

 

Kind regards

 

Customer Service Centre
Fareham Borough Council
01329 236100

[5][IMG][6] [7][IMG][8] [9][IMG][10] [11][IMG][12] 

 

 

--------------------------------------------------------------------------

From: J. Ross <[13][FOI #604024 email]>
Date: Monday, 16 September 2019, 22:18:07
To: FOI requests at Fareham Borough Council
<[14][Fareham Borough Council request email]>
Subject: Freedom of Information request - EU Regulations - Bankruptcy
Proceedings

Dear Fareham 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

-------------------------------------------------------------------

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FOI, Fareham Borough Council

1 Attachment

Dear J Ross,

 

In respect of your Freedom of Information request, please find attached
our response for your information.

 

If you have any queries please contact the FOI team at
[1][email address]

 

Yours sincerely,

 

Samantha Wightman
Committee and Information Services Manager
Fareham Borough Council
01329 824594

[2]https://www.fareham.gov.uk/control/image...

This email (and its attachments) is intended only for the use of the
person(s) to whom it is addressed and may contain information which is
privileged and/or confidential. If it has come to you in error, you must
take no action based on it nor must you copy or show it to anyone.

This email is confidential but may have to be disclosed under the Freedom
of Information Act 2000, the Data Protection Act 2018 or the Environmental
Information Regulations 2004. If you are not the person or organisation it
was meant for, apologies. Please ignore it, delete it and notify us.
Emails may be monitored.

 

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