Job Card INS3 (September 2010) - county court hearing centre office (Maidstone)

Deb Williams made this Freedom of Information request to The Solicitors Disciplinary Tribunal
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Dear The Solicitors Disciplinary Tribunal,

Job Card INS3 (September 2010) - county court hearing centre office (Maidstone)

HMCTS have confirmed that this job card is still currently being used by HMCTS county court office staff when accepting a creditors' bankruptcy petition, can you please confirm if this Job Card has been updated and provide a copy. The county court became a single court in April 2014.

Can you also confirm whether the Official Receiver attached to the county court hearing centre at Maidstone has received any confirmations from the county court of a pending action in bankruptcy filed by Maidstone Borough Council in 2018/2019 as a creditor on a bankruptcy petition, please provide the PAB dates and the name of the Insolvency Office and date they were received.

Please also confirm if covering letters that are date stamped, in place of a creditors petition being dated and time stamped when received by the court office, is an acceptable practice and provide the section of the Insolvency Act and rules, that confirms that a creditors bankruptcy petition does not need to marked with the date and time it was received by HMCTS staff, is a relevant court officer required to carry out this duty or is it just a general duty of court office staff.

In addition to only a covering letter from Maidstone Borough Council's out-sourced solicitors being date stamped (without the time received) and not the bankruptcy petition being date or time stamped on receipt by the court, can you also confirm if 2 identical copies of the petition must be filed together or whether a non-identical ( or blank copy) is acceptable and whether both should be dated/time stamped, and into which court, the county court or the Crown Court these covering letters /petitions must be sent to and received by.

How is it possible for MBC external solicitors to have their covering letters stamped by the Crown Court at Maidstone and this crown court date used on the petition as a date of filing ?

Are your Official Receivers aware of these practices who have access as a court officer to the bankruptcy cases, how many have they received prior to and including 2018/2019?

Are solicitors firms who are experts in insolvency law expected to follow all the correct rules, regulations, procedures within our national insolvency law to the letter and be able to provide proof that they have a valid assignment of powers from the council to enable them to bring an action in the name of a council.

If they are acting under any different law must this be brought to the notice those they are bringing any action against either in the council's name, for either the council's or their own benefit.

Yours faithfully,

Deb Williams

SDT Enquiries, The Solicitors Disciplinary Tribunal

Dear Ms Williams

Thank you for the email below. The Tribunal is entirely separate to HMCTS.
We also have no connection with the Official Receivers. The Tribunal is
constituted as a Statutory Tribunal under Section 46 of The Solicitors Act

The Tribunal is not subject to the Freedom of Information Act. However I
can confirm that, to the best of my knowledge, the Tribunal does not hold
any information in respect of the procedural matters raised by you in the
first six and last paragraphs.

In respect of the matters raised in your penultimate paragraph the
Solicitors Regulation Authority would be best placed to assist you. The
Tribunal does not have any powers of investigation, nor does it collect
evidence to support or oppose an application.

For your information the role of the Tribunal is to adjudicate upon
alleged breaches of the rules and regulations applicable to solicitors and
their firms, including The Solicitors' Code of Conduct 2007, the SRA Code
of Conduct 2011, and the SRA Principles 2011 .

Yours sincerely

Geraldine Newbold
Chief Executive Officer and Clerk
Solicitors Disciplinary Tribunal
Tel: 0207 329 4808
DDI: 0207 778 0765
Email: [1][email address]

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