How many bankruptcy petitions has the DCLG served gainst individuals

Paul McAleer made this Freedom of Information request to Department for Levelling Up, Housing & Communities

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Dear Department for Communities and Local Government,

Please could you tell me how many creditor's petition for bankruptcy has the DCLG served against private individuals since the creation of the department.

If possible, without giving away personal information, can you tell me of the petitions served how many resulted in a bankruptcy order being made.

Can you also tell me how these numbers of petitions are split between English, Scottish, Welsh and Northern Irish individuals, by this it is meant not necessrily the actual nationality of the individual but there normal residence as listed in the petition.

If it is the case that no such petitions have been issued by the DCLG then could you answer with a statement to that effect.

Thank you.

Yours faithfully,

Paul McAleer

Fred Croft, Department for Levelling Up, Housing & Communities

Dear Mr McAleer

I am writing in response to your e-mail of 8 July (copied below)
requesting information about bankruptcy petitions issued by the
Department for Communities and Local Government against private
individuals since its creation.

Your request has been considered under the Freedom of Information Act
2000.

I confirm that Communities and Local Government holds the information that
you have requested and that I am able to provide you with the following
information.

So far as I am aware, following inquiries with colleagues in the
Department, Communities and Local Government has not issued any bankruptcy
petitions since it was created.

It occurs to me that your inquiry might be related to enforcement of
payment of council tax by local authorities. If so, it might assist you
to know that CIPFA (the Chartered Institute of Public Finance and
Accountancy) do publish information relating to this on their website at
[1]www.cipfa.org.uk .

Communities and Local Government as an organisation aims to be as helpful
as possible in the way it deals with requests for information under the
Freedom of Information Act 2000 and the Environmental Information
Regulations 2004. If, however, you are not satisfied with the way in which
your request has been handled or the outcome, you may request an internal
review within two calendar months of the date of this letter. Information
about the Department's review procedures and how to apply for an internal
review of your case is contained on the Department's website at
[2]http://www.communities.gov.uk/documents/.... This
also explains your right to apply directly to the Information Commissioner
for a decision in the event that you remain dissatisfied following the
Department's review.

Generally, the ICO cannot make a decision unless you have exhausted this
Department's Internal Review procedure. The Information Commissioner`s
address and contact details are set out in the document referred to above.

If you have any queries about this letter, please contact me.

Yours sincerely

Fred Croft
Deputy Legal Adviser
Communities and Local Government
Zone 4/A1, Eland House
Bressenden Place
London SW1E 5DU
Tel: 0303 4441081
Fax: 0303 4443307

From: Paul McAleer [[3]mailto:[FOI #41093 email]]
Sent: Thursday, July 08, 2010 2:39 PM
To: CONTACTUS
Subject: Freedom of Information request - How many bankruptcy petitions
has the DCLG served gainst individuals

Dear Department for Communities and Local Government,

Please could you tell me how many creditor's petition for
bankruptcy has the DCLG served against private individuals since
the creation of the department.

If possible, without giving away personal information, can you tell
me of the petitions served how many resulted in a bankruptcy order
being made.

Can you also tell me how these numbers of petitions are split
between English, Scottish, Welsh and Northern Irish individuals, by
this it is meant not necessrily the actual nationality of the
individual but there normal residence as listed in the petition.

If it is the case that no such petitions have been issued by the
DCLG then could you answer with a statement to that effect.

Thank you.

Yours faithfully,

Paul McAleer

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References

Visible links
1. http://www.cipfa.org.uk/
2. http://www.communities.gov.uk/documents/...
3. mailto:[FOI #41093 email]

Dear Fred Croft,

Thank you for your very prompt reply to my FOI request.

I am a little concerned that the information you provided indicates that you you are not aware of the issue of any bankruptcy petitions.

I am a debt adviser for CAB and currently have a client who has been issued a Statutory Demand and Bankruptcy Petition both issued in the name of "The Secretary of State for Communities and Local Government". My client (name witheld due to this letter being sent via a public forum) was leasing a property through Trillium (now called Telereal Trillium) and for various reasons ended up owing money realting to the lease.

A firm of solicitors issued the Statutory Demand and the Bankruptcy petition on behalf of their client, Telereal Trillium, but as stated the pettioner (creditor) is listed as The Secretary of State for Communities and Local Government. I phoned the solicitors and they told me they act for Telereal Trillium but the actual landlord and hence creditor was the DCLG and that Telereal Trillium have authority to act on behalf of the Secretary for the department.

The fact that at least one petition has been issued without the knowledge of your department would seem to suggest to me that Telereal Trillium are acting beyond their remit.

May I ask if the actions of Telereal Trillium in this case are sanctioned by DCLG and if they have been given permission to enter a Creditor's Petition in the name of The Secretary of State for Communities and Local Government.

My client has given permission for me to disclose his/her name to you but not on a public forum. If you require my client's name in order to investigate this further I would be happy to send this directly to your office and not through this site.

Yours sincerely,

Paul McAleer

Fred Croft, Department for Levelling Up, Housing & Communities

Dear Mr McAleer

Thank you for this information. It would be helpful to know the details of the property and/or your client for me to make further inquiries: obviously I would treat this information with the necessary discretion and you may send it direct to my email address here. Without knowing more, it is difficult for me to comment but the explanation might be this: the so-called Civil Estate of the Crown is mainly held in the name of the Secretary of State of Communities and Local Government for historical reasons dating back to the Victorian Commissioners of Works. (In case it is of any interest, I attach a "family tree" showing the various steps which led to this.)

This is often for somewhat arcane constitutional reasons: for example, some Secretaries of State are not "corporations sole" and so it is difficult for them to hold land in their name.

However, even though my Secretary of State is nominally the "owner" or ultimate landlord of much of the real estate held for administrative purposes on the Civil Estate, in practice this is a formality and any decisions relating to the day-to-day management of the property are made by the occupying Department or other public body. This could explain the circumstances you mention.

As I say, I'm obviously happy to look into this further: if you would prefer to talk to me about the case, don't hesitate to phone me.

Yours sincerely

Fred Croft
Deputy Legal Adviser
Communities and Local Government
Zone 4/A1, Eland House
Bressenden Place
London SW1E 5DU
Tel: 0303 4441081
Fax: 0303 4443307

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Fred Croft, Department for Levelling Up, Housing & Communities

1 Attachment

Sorry, forgot attachment.

Fred Croft
Deputy Legal Adviser
Communities and Local Government
Zone 4/A1, Eland House
Bressenden Place
London SW1E 5DU
Tel: 0303 4441081
Fax: 0303 4443307

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Paul McAleer left an annotation ()

The information supplied was of a high quality and very prompt.
This has led to discourse between myself and the information provider - as this discourse involves private information of individuals it is being conducted directly between myself and Mr Croft and is not suitable for this public forum.