Service Level Agreement with J E Baring & Co solicitors - Council Tax and Insolvency and Charging Orders

Ed Boyce made this Freedom of Information request to Maidstone Borough Council

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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,

Service Level Agreement with J E Baring & Co solicitors - Council Tax and Insolvency and Charging Orders

Please provide dated copy(s) of the service level agreement(s) between J E Baring & Co Solicitors (include all variants of the firm's name J E Baring & Co Limited etc) and Maidstone Borough Council for local authority debt recovery by Insolvency proceedings and Charging Order enforcement, include both previous and current agreements.

(1) who prepared your service level agreement and who signed the sign-off sheet for Maidstone Borough Council.
(2) disclose the names of contact officers for MBC and for J E Baring & Co solicitors.
(3) date the service agreement shall commence.
(4) confirm if MBC nominate the process server.
(5) confirm whether MBC shall be entitled to assign the benefit of your service level agreement in part or in whole and whether you are required to give notice to J E Baring & Co.
(6) confirm whether J E Baring & Co shall not assign or sub-contract any part of the service level agreement to any person expect permitted without previous written consent of MBC.
(7) if permission is granted does this relieve J E Baring & Co and MBC from any liability or obligation under your service level agreement.
(8) if you do not have a service level agreement in place, provide the section of the law upon which you rely and provide what alternatives you have that conform with your duties as a service provider and sets out the purpose and terms and understanding of legal debt recovery and Insolvency services and charging order enforcement, between the council and agents.

Yours faithfully,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Mr Boyce

FREEDOM OF INFORMATION ACT REQUEST

Ref: FOI 6419

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

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Complaints & FOI (MBC), Maidstone Borough Council

Ref: FOI 6419

Dear Mr Boyce,

FREEDOM OF INFORMATION ACT REQUEST

You wrote to us requesting information on Council Tax insolvency.

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by this Council. This is because we do not have a Service Level Agreement with J E Baring & Co. The Council recovers Council Tax under the Council Tax (Administration and Enforcement) Regulations 1992. http://www.legislation.gov.uk/uksi/1992/...

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, 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

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

Dear Complaints & FOI (MBC),

Can you please clarify why Maidstone Borough Council is not required to have a service level agreement with J E Baring & Co who are external outsourced solicitors.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Mr Boyce,

It is because we recover Council Tax under the legislation referenced previously. These regulations determine the recovery of Council Tax, and must be adhered to by the Council and any third parties that it works with. We are not required to have an SLA in place.

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

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