EU Regulations - Bankruptcy Proceedings

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

Dear London Borough of Barking and Dagenham 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

London Borough of Barking and Dagenham, London Borough of Barking and Dagenham Council

Information request
Our reference: 12520457

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Dear J Ross
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 17
September 2019.
 
We are dealing with your request under the Freedom of Information Act
2000 and we aim to send a response by 15 October 2019.
  
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
Yours faithfully
 
 
FOI Team
 
NOTE: Please do not edit the subject line when replying to this email.

London Borough of Barking and Dagenham, London Borough of Barking and Dagenham Council

4 Attachments

Information request
Our reference: 12520457

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Dear J Ross
 
Thank you for your request for information received on 17 September 2019.
 
Please find attached our response to your request.
 
Yours faithfully
 
FOI Team
 
NOTE: Please do not edit the subject line when replying to this email.

Dear London Borough of Barking and Dagenham,

Thank you for providing some information and for confirming that the Council has no cases with a cross border element either involving your customers or the the council where the provisions of the EU Insolvency Regulation that superseded what were commonly called 'EC Regulation' would apply.

Please clarify if the bankruptcy orders obtained in non-EU proceedings sent out to individuals (your customers) contain the following 'the court is satisfied that the EU Regulation does not apply in relation to the proceedings'.(R.10.31 Insolvency (England and Wales) Rules 2016)

Yours sincerely,

J. Ross

London Borough of Barking and Dagenham, London Borough of Barking and Dagenham Council

Dear J Ross,
 
Please see the information below;
 

'The EU Regulation on Insolvency Proceedings 2015 ('the Regulation') was
adopted by the European Parliament on 20 May 2015.   It came into force on
26 June 2017.   The regulation supersedes the EC Regulation on Insolvency
Proceedings 2000.   The Regulation does not apply to insolvencies with a
strict cross-border element.  In those such cases, the relevant
legislation is the Cross-Border Insolvency Regulations 2006.

The Regulation has direct force on all insolvencies within the European
Union including the UK without the need for ratification or implementation
by way of national legislation.  

The Council has (a) zero ongoing cases where it has issued bankruptcy
proceedings in a foreign court and (b) no recollection/records that it has
found concerning previous concluded cases where it has issued bankruptcy
proceedings in a foreign court . Any bankruptcy petition issued by the
Council to its knowledge has been issued within the UK. Nevertheless, as
set out above, the Regulation applies to all bankruptcy petitions issued
by the Council (or anyone else).

It is the relevant Court which drafts the physical bankruptcy orders that
may result from bankruptcy petitions that are issued by the Council (or
anyone else).    The standard wording of bankruptcy orders prepared by the
Courts includes the wording required by Rule 10.31 Insolvency (England and
Wales) Rules 2016 and this wording normally states that the Regulation
applies and that the bankruptcy proceedings are main proceedings.   Any
errors or omissions in the wording of any bankruptcy orders should be
taken up with the relevant Court in question."

Kind Regards
FOI Team

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Dear London Borough of Barking and Dagenham,

Thank you for providing some information and for confirming that the
Council has no cases with a cross border element either involving your
customers or the the council where the provisions of the EU Insolvency
Regulation that superseded what were commonly called 'EC Regulation' would
apply.

Please clarify if the bankruptcy orders obtained in non-EU proceedings
sent out to individuals (your customers) contain the following 'the court
is satisfied that the EU Regulation does not apply in relation to the
proceedings'.(R.10.31 Insolvency (England and Wales) Rules 2016)

Yours sincerely,

J. Ross

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