Maidstone Borough Council Billing Authority 2235 Statutory Demand Rules

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

Dear Maidstone Borough Council,

Maidstone Borough Council Billing Authority 2235 Statutory Demand Rules

Please provide under the FOIA as a government billing authority if your statutory demands comply with the Insolvency Act/Rules/Practice Directions etc that must contain the correct following prescribed information by law.

If the billing authority's claim is based on a magistrates court order (liability order) a copy should be attached to the statutory demand (if you do not attach a copy please state why) and the following information must be contained within the statutory demand:

Section 268(1) Definition of "inability to pay", etc.; the statutory demand.
(b)
execution or other process issued in response of the debt on a judgment or order of any court in favour of the petitioning creditor, or one or more of the petitioning creditors to who the debt is owed, has been returned unsatisfied in whole or in part.

Chapter 1 The statutory demand Rule10.1(2)
Where the statutory demand is served by a Minister of the Crown or a Government Department the statutory demand must explain that the debtor may alternatively apply to set aside the demand to the High Court or the County Court at Central London (as the case may be) if the Minister or Department intends to present a bankruptcy petition to one of them.

Application to set aside statutory demand Rule 10.4(4)
The application must be made to the court or hearing centre-
(b)
to which rule 10.11(1) requires a petition to be presented if
(i)
the creditor serving the statutory demand is a Minister of the Crown or a government Department,
(ii)
the debt in respect of which the statutory demand is made, or part of it equal to or exceeding the bankruptcy level(within the meaning of section 267), is the subject of a judgment or order of a court, and
(iii)
the statutory demand-
(aa)
specifies the date of the judgment or order and the court in which it was obtained, and
(bb)
indicates the creditor's intention to present a bankruptcy petition against the debtor in the High Court or the County Court at Centre London as the case may be.

Allocation of proceedings to the London Insolvency District Rule 12.5
(b)
creditors' bankruptcy petitions presented by a Minister of the Crown or a Government Department, where either-
(i)
in any statutory demand on which the petition is based the creditor has indicated the intention to present a bankruptcy petition to a court exercising jurisdiction in relation to the London Insolvency District, or
(ii)
the petition is presented under section 267(2)(c) on the grounds specified in section 268(1)

My questions are under the FOIA.

(A) Can you please confirm who is responsible for the content of your billing authority statutory demands.

(B) Who is responsible for serving the statutory demands.

(C) If any part of the statutory demand, is altered or incorrect, please state why?

For example: Part A 'The appropriate court for setting aside the demand Rule 10.4(8)' which does not exist, did you mean to imply Rule 10.48 Court to which applications are to be made under Chapter 3 Debtors' bankruptcy applications?

(D) If you have failed as a government department billing authority to include Rule 10.1(2) please explain why this has been left off of your statutory demand?

(E) If you are serving statutory demands under Section 268(1)(a) but including the incorrect wording 'debt for a liquidated sum payable immediately following a judgment order of the court' instead of using this wording with the correct Section 268(1)(b), please explain why you are mixing-up the two sections?

(F) If you have failed as a government department billing authority to indicate where you intend to present a creditors' petition under Rule 12.5(b)(i) or (ii) please state why?

(G) If you are indicating incorrectly in accordance with the rules that an application must be made to 'County Court at Maidstone' please state why and provide the address for this court?

(H) Please clarify by "County Court at Maidstone" if you are referring to ether the county court hearing centre or the District Registry of the High Court and if the correct title of the court or hearing centre and the address must be shown?

(I) If it is the billing authority department's intention to present a creditor's bankruptcy petition to a different court not stated in the above rules, for example to:

County Court at Maidstone, please confirm if that court has insolvency jurisdiction to hear contested petitions or whether these must be heard at the HIgh Court or a District Registry of the High Court?

(J) Under what authority does the billing authority department decide to present a petition to a different court?

(K) Has more than one petition been presented or filed into the same or different courts /hearing centres for the same alleged debt and without your customers' knowledge?

(L)If the billing authority has not complied with all of the above prescribed rules etc please confirm whether or not your statutory demands are valid?

(M) Please also confirm how many statutory demands attached to petitions presented to the court or hearing centre have not contained the prescribed information required, or have failed to use the previously prescribed forms, but have still been used as a basis for bankruptcy ?

(N) How many of the petitions for bankruptcy presented by the billing authority department have been contested and in which court or hearing centre?

(O) Finally, please say how your customers are not prejudiced if all of the correct insolvency rules and procedures are not carried out to the letter within the correct courts?

Yours faithfully,

Deb Williams

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ms Williams,

FREEDOM OF INFORMATION ACT REQUEST

Ref: FOI 7419

Thank you for your request for information. We will have a response ready for you within 20 working days of the date you made your request.

After considering your request, we may decide to refuse to supply the information under a number of exemptions that exist in legislation. For details of these exemptions, please visit the Information Commissioner’s website: https://ico.org.uk/for-organisations/gui...

If you have any queries about this letter, please contact me. Please remember to quote the reference above in any future communications.

Yours sincerely

FOI Team
Policy and Information Team
Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ
t 01622 602640 w www.maidstone.gov.uk

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Deb Williams left an annotation ()

Why are defective and misleading statutory demands being sent out by outsourced contractors (solicitors) when they must be aware that the county court has no jurisdiction to hear contested bankruptcy cases?

Is this the reason the new Insolvency Practice Directions had to be up-dated that came into effect in July 2018 ?

How many people have been deceived into attending the wrong court thinking they could set aside the demand or contest the bankruptcy petition.

Deb Williams left an annotation ()

Are local authorities collecting tax and enforcing it as private creditor's within the courts - why are they not treated in the same way as HM Customs & Revenues.

Complaints & FOI (MBC), Maidstone Borough Council

Date: 18 September 2018       

Ref:   FOI 7419

 

Dear Mrs Williams

 

FREEDOM OF INFORMATION ACT REQUEST

 

You wrote to us requesting information on statutory demand rules

 

Under Section 12 of the Act, I am not required to provide information if
it would exceed the appropriate cost limit, which for local government is
set at £450. This represents the estimated cost of one person spending 2.5
working days in determining whether the department holds the information,
locating, retrieving and extracting the information.

 

Our external solicitors would need two partners to search their archives
to determine appropriate material and locate, retrieve and extract the
information in reference to your request. The charge for this is £350 per
hour. As you are requesting information relating to all petitions for
bankruptcy, this would likely take more than 2 hours to complete, which
would exceed the cost limit of £450. Therefore, your request will not be
processed further.

 

You may wish to refine your request by narrowing its scope by being more
specific about what information you particularly wish to obtain, including
any dates or period of time relevant to the information required.

 

By removing point (N) of your request, this will remove the exempt
information which is causing your request to exceed the cost limit.
Unfortunately, even reducing the time period for this part of your request
would still be likely to exceed the cost limit.

 

If you have any queries about this letter, please contact me. Please
remember to quote the reference above in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please respond to
this email and I will pass it on to Mid Kent Legal Services to conduct a
review. Please ensure you outline your reasons for requesting a review.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council.  The Information Commissioner can be
contacted at: The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours sincerely

 

FOI Team

Policy and Information

Maidstone Borough Council, Maidstone House King Street, Maidstone, Kent
ME15 6JQ

t []01622 602640 w [1]www.maidstone.gov.uk

 

 

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Dear Maidstone Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Maidstone Borough Council's handling of my FOI request 'Maidstone Borough Council Billing Authority 2235 Statutory Demand Rules'.

Maidstone Borough Council are required to carry out an internal review prior to contacting the ICO. Who have failed to provide answers to any of the questions relating to inaccurate and unlawful statutory demands used unlawfully as a basis of a bankruptcy petition and which are being served on the council's customers by agents who are not employees of your two external solicitors who the council claim has the right to retain information and data without releasing it to the council at no cost and amounts to extortion and concealment of data that the council are required to hold and can be used and passed on to different agents to unjustly enrich the council and their agents and their agents "agents" without proper procedures being followed.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/m...

Yours faithfully,

Deb Williams

Complaints & FOI (MBC), Maidstone Borough Council

Dear Deb Williams

Thank you for your email. We have contacted the ICO about this matter, to seek advice about whether it is appropriate for us to review a request that we originally responded to over a year ago.

The ICO have explained that local authorities can use their own discretion to decide whether to conduct FOI reviews after 40 working days of the date they responded to the original request. In this case, we have decided not to conduct a review of your request because such a large amount of time has passed since we responded to your request.

Yours sincerely

FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

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