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Magistrates Court Act 1980 s.58 and the County Court Act 1984 s.16 - Liability Orders

Sheila Woodland made this Freedom of Information request to Hyndburn Borough Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

We're waiting for Sheila Woodland to read a recent response and update the status.

Dear Hyndburn Borough Council,

Magistrates Court Act 1980 s.58 and the County Court Act 1984 s.16 - Liability Orders

Magistrates Court Act 1980 s.58 and the County Court Act 1984 s.16 - Liability Orders cannot be enforced in The County Court because this court does not have the jurisdiction and liability orders can only be recoverable summarily.

Under FOIA please provide all the information, records and updates held by the Council regarding liability orders being enforced in The County Court to obtain a CCJ for example a charging order, possession order, bankruptcy order.

1.How many charging orders have been obtained on a yearly basis for all records held.

2.How many possession orders have been obtained on a yearly basis for all records held.

3.How many bankruptcy orders have been obtained on a yearly basis for all records held.

Yours faithfully,

Sheila Woodland

foirequests, Hyndburn Borough Council

Dear Shelia

Thank you for your e-mail requesting information under the Freedom of Information Act 2000. Your request is being considered and you will receive the information requested within the statutory timescale of 20 working days as defined by the Freedom of Information Act 2000, subject to the information not being exempt or containing a reference to a third party.

For your information, the Act defines a number of exemptions which may prevent release of the information you have requested. There will be an assessment and if any of the exemption categories apply then the information will not be released. You will be Informed if this is the case, including your rights of appeal.

If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. You will be informed if this is the case.

There may be a fee payable for 'reasonable disbursement' costs such as postage and photocopying. This will be considered and you will be informed if a fee is payable. In this event the fee must be paid before the information is processed and released. The 20 working day time limit for responses is suspended until receipt of the payment. If appropriate, the information may be provided in paper copy, normal font size. If you require alternative formats, e.g. language, audio, large print, etc. then please let me know.

If you have any queries or concerns then please contact [Hyndburn Borough Council request email] .

Yours sincerely

FOI Co-ordinator
Hyndburn Borough Council

This Email, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Hyndburn Borough Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail.

foirequests, Hyndburn Borough Council

Dear Sheila Woodland

Due to the way this information is stored at the council, we are experiencing difficulties in identifying the data you have requested and will be unable to provide a response by the deadline. Therefore, we require a time extension.
Please note that due to the significant amount of time that we anticipate being spent on manually reviewing files, we are assessing whether a fee is payable for provision of the data under the FOI Act.

Kind regards
FOI Coordinator
Hyndburn Borough Council

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foirequests, Hyndburn Borough Council

Dear Shelia Woodwood

Your request for information under the Freedom of Information Act 2000 has been considered and a response is below:

1.How many charging orders have been obtained on a yearly basis for all records held.

2016/2017 - 0
2017/2018 - 0
2018/2019 - 0
2019/2020 - 0
2020/2021 - 0
2021/2022 - 0
2022/2023 - 0

2.How many possession orders have been obtained on a yearly basis for all records held.

2016/2017 - 0
2017/2018 - 0
2018/2019 - 0
2019/2020 - 0
2020/2021 - 0
2021/2022 - 0
2022/2023 - 0

3.How many bankruptcy orders have been obtained on a yearly basis for all records held.

2016/2017 - 1
2017/2018 - 0
2018/2019 - 0
2019/2020 - 1
2020/2021 - 1
2021/2022 - 0
2022/2023 - 0

If you have any queries or concerns or if you are dissatisfied with the handling of your request then please contact me at Legal and Democratic Services, Hyndburn Borough Council, Scaitcliffe House, Ormerod Street, Accrington, Lancashire BB5 0PF or: [Hyndburn Borough Council request email]
If you are still dissatisfied then you can also complain to the Information Commissioner at:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF Telephone: 01625 545 700 www.informationcommissioner.gov.uk

Yours sincerely

FOI Co-ordinator
Hyndburn Borough Council

This Email, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Hyndburn Borough Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail.

foirequests, Hyndburn Borough Council

Dear Shelia Woodwood

Further to our previous response, additional information has come to light in respect of Charging Orders. Please see details below.

The number of final charging orders obtained by year is as follows:

2006 - 7
2007 - 5
2008 - 17
2009 - 12
2010 - 2

Kind regards
FOI Coordinator

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We don't know whether the most recent response to this request contains information or not – if you are Sheila Woodland please sign in and let everyone know.