Return of fraudulent bailiff fees

The request was partially successful.

Dear South Gloucestershire Council,

I believe the document in the link is (or makes up part of) submitted evidence to a police fraud department:

http://www.scribd.com/doc/155399034/NELC...

There is evidence within that document to show potentially 935 South Gloucestershire residents have paid fraudulently demanded bailiff fees amounting to £22,907.50 over approximately a 4 year period.

Please supply under the Freedom of Information Act 2000 the recorded number of fees, to which the data relates, which have been refunded to the debtor by South Gloucestershire Council or its bailiff contractor?

Yours faithfully,

Sacksen Molar

CorporateContactCentre, South Gloucestershire Council

Thank you for your e-mail received at South Gloucestershire Council today, which has been forwarded to our Freedom of Information Team.

They will respond to you directly as soon as possible.

If you wish to contact them directly, please email [email address] or call 01454 86 8009

Regards,

Helen
Corporate Contact Centre
Customer & Revenues Department
South Gloucestershire Council
Castle Street
Thornbury
South Gloucestershire
BS35 1HF
01454 868009
[South Gloucestershire Council request email]

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Lisa Hooper, South Gloucestershire Council

Thank you for your recent request for information under the Freedom of Information Act.

Your request will now be considered in accordance with the Act.

The 20 day period for considering your request commenced on 24 February 2014.

In the event that the information you have requested is to be disclosed, it will be sent to you no later than 24 March 2014. If we cannot respond by that date then we will write to you again.

Lisa Hooper
PA to David Perry
Director of Corporate Resources
and Deputy Chief Executive
South Gloucestershire Council
PO Box 300
Civic Centre
High Street
Bristol BS15 0DS

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Louise Stevens, South Gloucestershire Council

Dear Mr Molar,
 
Thank you for your request, unfortunately due to high volumes of work at
this time of the financial year I have been unable to complete a full
response to you by the due date.
 
Please can I request that this deadline is extended to 28th March 2014 to
allow me to comply.
 
I hope this is agreeable to you.
 
yours sincerely
 
Mrs L Stevens
Recovery Manager
South Gloucestershire Council

_______________________________________________________________
 
South Gloucestershire Council .  Achieving excellence for our residents
and their communities, ensuring South Gloucestershire continues to be a
great place to live and work

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Dear Louise Stevens,

Response to this request is delayed. By law, South Gloucestershire Council should normally have responded by 24 March 2014 which was extended to 28 March 2014.

Yours sincerely,

Sacksen Molar

Louise Stevens, South Gloucestershire Council

1 Attachment

Dear Mr Molar,

Please accept my apologies for failing to keep to the extended deadline I requested.

Please find the response to your Freedom Of Information request attached.

Yours sincerely

L Stevens
Recovery manager

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Dear Louise Stevens,

Your response:

"Bristow and Sutor have provided that they are unable to search for Head H fee refunds, but are confident that none have been made.

They state that they do not charge any fees fraudulently, so therefore if anything has been refunded it has not been because it was charged fraudulently."

Please don't just rely on the response from your bailiff contractor. It is clearly in its interest to say that they do not charge any fees fraudulently.

The data in the report states that 935 fees were incurred to a minimum value of £22,907.50 where no goods had been removed.

Please read the following:

Page 10, paragraph 48 of a Local Government Ombudsman's report into complaint about bailiff fees:

http://www.lgo.org.uk/GetAsset.aspx?id=f...

"Head H fee

48. I note the bailiffs charged a ‘redemption fee’ of £24.50 under Head H of Schedule 5 in respect of one of the vehicles on the 2005 liability order. This fee was removed when the Council established the car did not belong to Mrs Smith. I welcome this action. But the Head H fee should not have been applied on the facts of this case: the goods were not ‘made available for collection by the debtor’ as they were never removed. This was maladministration."

You can tell from the Government proposals (page 10) to amend legislation what the fee was for:

http://www.docstoc.com/docs/4679144/COUN...

"viii) the introduction of a fee maximum of 5% of the amount of the liability order for advertising costs where a sale does not take place because the debt has been paid and the goods have been returned to the debtor.

A fee maximum was accepted in principle, but it was pointed out that for small debts this would not cover the costs of advertising. Therefore, we intend to amend secondary legislation with effect from 1 April 1998 setting a fee of £20 or actual costs incurred up to a maximum of 5% of the liability order, whichever is the greater."

Yours sincerely,

Sacksen Molar

Dear Louise Stevens,

Does Cheshire South Gloucestershire Council have a response to the
issues raised in the 8 May 2014 email?

Yours sincerely,

Sacksen Molar