Sandwell Metropolitan Borough Council (16 005 051) – payments split between bailiffs and debt

The request was partially successful.

Dear Local Government Ombudsmen,

Background to my request for information.

Please refer to the following LGO decision notice 16 005 051

http://www.lgo.org.uk/decisions/benefits...

"11. Mrs U then paid the council tax debt, but not the costs directly to the Council. The bailiffs wrote to Mrs U to ask for the £310.
........
13. The law says that any payments for a debt with bailiffs are split between the costs and the debt. So the £310 Mrs U owed to the bailiffs was a combination of the debt and the costs and the bailiffs were right to ask for this to be paid."

The LGO's investigating officer apparently had no regard for the fact that the payment was made directly to the council in determining wrongly that the law required the payment to be split pro rata between the bailiffs fees and debt.

Q. Please disclose any staff guidance held by the LGO with respect to how the law applies when payments are made directly to the council when a bailiff has been appointed?

Yours faithfully,

Becky Saunder

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

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Foi Officer, The Local Government and Social Care Ombudsman

Dear Ms Saunder

This is to acknowledge receipt of your request below. We will aim to respond within 20 working days, that is, by 23 December. If we are unable to meet that deadline, I will contact you again to explain why.

Yours sincerely

Hilary Pook
Information & Records Manager | DL: 0330 403 4734 |
Local Government Ombudsman's office |
www.lgo.org.uk |

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Foi Officer, The Local Government and Social Care Ombudsman

2 Attachments

Dear Ms Saunder

I attach a letter in response to your request below.

Yours sincerely

Hilary Pook
Information & Records Manager | DL: 0330 403 4734 |
Local Government Ombudsman's office |
www.lgo.org.uk |

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Dear Foi Officer,

Thank you for directing me to paragraph 13 of the Taking Control of Goods (Fees) Regulations 2014 which lays out the law on how payments of less than the full sum due (including costs) should be split between costs and debt.
http://www.legislation.gov.uk/uksi/2014/....

I would just like to point out that the above relates to how funds are split between costs and debt in respect of monies obtained by the local authority's enforcement contractor and could not be applicable where the enforcement has not obtained payment. If enforcement is in-house then a split between costs and debt is irrelevant.

Yours sincerely,

Becky Saunder

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.