" Tinkering with insolvency forms"
Dear Insolvency Service,
Please can you confirm whether or not insolvency form can be "tinkered with " by councils that serve statutory demands and lodge bankruptcy petitions for none payment of council tax into county court.
Yours faithfully,
ivanataylor
Dear Madam,
I refer to your e-mail below and note its contents.
The Insolvency Service is not in a position to answer your query - you should direct your question to the county courts.
Regards,
Paul Schofield
(FOI/DPA Team)
Paul Schofield | Senior Official Receiver’s Office | The Insolvency Service | [email address]| 4th Floor Cannon House, 18 Priory Queensway, Birmingham B4 6FD | DX 713901 Birmingham 37 DX | www.gov.uk/insolvency-service
Dear FOI,
I require the rule under the Insolvency Act that allows councils to ' tinker with' insolvency forms, as I can not find one.
Yours sincerely,
ivanataylor
Dear Insolvency Service,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Insolvency Service's handling of my FOI request '" Tinkering with insolvency forms"'.
I have not had answer from the Insolvency Service as to clarification of their correct procedures concerning their prescribed forms.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/t...
Yours faithfully,
ivanataylor
Dear Sir,
I apologise for the delay in replying.
I refer to your e-mail below and note its contents.
I have reviewed your original query dated 18/5/16 and follow up dated 24/5/16 and it does appear that you are not making a Freedom of Information request ( requesting information/data held by the Insolvency Service) as such but rather seeking help on a technical insolvency matter.
I would therefore provide you with a link to the Insolvency Rules http://www.legislation.gov.uk/uksi/1986/... or alternatively you may wish to contact the insolvency service enquiry line at mailto:[email address]
Regards,
Paul Schofield
Paul Schofield | Senior Official Receiver’s Office | The Insolvency Service | [email address]| 4th Floor Cannon House, 18 Priory Queensway, Birmingham B4 6FD | DX 713901 Birmingham 37 DX | www.gov.uk/insolvency-service
Dear FOI,
Of course this a FOI request for the information you must hold that states, whether or not your insolvency forms can be" tinkered with" unless of course you are saying fraudulent forms are allowed into the courts and the insolvency services just turns a blind eye to fraud ?
Where in the link you have provided does it say anything other than prescribed forms can be accepted by the courts and used to bankrupt people ?
Yours sincerely,
ivanataylor
ivanataylor left an annotation ()
Council Tax - Warning - Are You Expected To Be Mind Readers?
https://m.youtube.com/watch?v=EbPTagw9t0c
ivanataylor left an annotation ()
Council Tax -WARNING - Bankruptcy Petitions
https://m.youtube.com/watch?v=qdMEBs2c7sg
ivanataylor left an annotation ()
Council Tax - Statutory Demand & Bankruptcy Petition Service
https://m.youtube.com/watch?v=ghy0DSlCuF8
Dear FOI,
Shall it be necessary to pass this onto the ICO if the Insolvency Service refuses to provide recorded information and data as to whether prescribed forms can be 'tinkered with' ?
Yours sincerely,
ivanataylor
ivanataylor left an annotation ()
Council Tax - Bankruptcy Prescribed Forms
https://m.youtube.com/watch?v=cn3inNqlWvA
Dear Madam,
I have enclosed a copy of the Service’s conduct policy for employees. http://intranet/how-do-i/conduct-policy
Otherwise I remain of the view that you are seeking general guidance on the procedures of the Court rather than making a request for information which fall within the Freedom of Information Act. Matters related to the presentation of the petition and the granting of orders are for HMCTS. The Official Receiver has no involvement in a case until the order has been made on a petition accepted and adjudicated upon by the Court. It is a matter for the Court to determine whether the petition complies with the insolvency Act and Rules. The Official Receiver would only report a matter back to the Court if he held evidence that the Court had been misled in reaching its decision to grant an order.
An order of the court might be appealed by the bankrupt is they consider that the order ought not have been made and the information presented to the court was wrong.
I would also draw your attention to rule 7.55 of the Insolvency Rules 1986 which provides that:-
"No insolvency proceedings shall be invalidated by any formal defect or by any irregularity; unless the court before which objection is made considers that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedied by any order of the court."
Regards,
Paul Schofield
Paul Schofield | Senior Official Receiver’s Office | The Insolvency Service | [email address]| 4th Floor Cannon House, 18 Priory Queensway, Birmingham B4 6FD | DX 713901 Birmingham 37 DX | www.gov.uk/insolvency-service
Dear FOI,
The link you have provided does not appear to be working ?
Nowhere have I sought general guidance only facts as to where it states that prescribed forms can be "tinkered with" and accepted by the county courts.
It appears that Insolvency rule 7.55 is being used to commit fraud upon the court and against individuals.
I am of the general view from what you are saying that the Official Receiver and the Insolvency Service are aware of what is happening but are using the above rule to ignore the fact that the prescribed forms are not being used or are being altered and the correct procedures are being ignored by the county court.
Is the Official Receiver required to report back to the court when a bankruptcy order has been made but without a petition being registered by the court - is this not misleading ?
Would a bankruptcy order be sent out on time by the Official Reciever and before the deadline to appeal ?
Yours sincerely,
ivanataylor
ivanataylor left an annotation ()
Council Tax - Statutory Set Aside Hearings - Appeals?
https://m.youtube.com/watch?v=v8D-Zx2vmZE
Dear Madam,
I apologise for the link not working - please see below the conduct policy
for employees..
Introduction
The purpose of the conduct policy is to provide clear standards of
behaviour for employees and others, such as contractors, who work for the
Insolvency Service.
Employees should be clear about their responsibilities to comply with
proper standards of conduct to avoid any possible discredit to the
Insolvency Service or the civil service. They should avoid any action or
behaviour that may call into question their personal honesty or integrity
as public servants.
Scope and definition
The policy applies to everyone working for the Insolvency Service in any
capacity. This policy underpins the values set out in the Civil Service
Code relating to integrity, honesty, objectivity and impartiality:
•'integrity' is putting the obligations of public service above your own
personal interests
•'honesty' is being truthful and open
•'objectivity' is basing your advice and decisions on rigorous analysis of
the evidence
•'impartiality' is acting solely according to the merits of the case and
serving equally well governments of different political persuasions
Principles
The conduct policy requires everyone dealing with customers, suppliers and
members of the public or with other employees, including those working for
other parts of the civil service, to act appropriately. This applies not
only in relation to their day-to-day responsibilities at work but also on
occasion in non work-related situations.
Individuals must report any current or potential conflicts of interest,
including business interests and shareholdings affecting them or their
family. This is particularly important where individuals have
responsibility for verifying, authorising and paying claims, or are seen
to be in a position where they may be able to influence in any respect,
the award of future work or contracts.
Specific requirements relate to the acceptance of gifts, hospitality or
other benefits. The section on acceptance of gifts and hospitality should
be referred to where this is relevant. Additional guidance relating to
procurement decisions and the awarding of tenders should wherever
applicable, also be followed. Contact Procurement for advice if necessary.
The overriding expectation is that those working for the Insolvency
Service avoid any possible discredit to the Insolvency Service or the
civil service through their actions, or equally their failure to act
correctly which may in turn also bring into question their personal
honesty and integrity.
All those working for the Insolvency Service must at all times treat their
colleagues and customers with respect and present themselves in a
professional and business-like manner and in accordance with our
organisational values (people, pride and professionalism) and the
statement on diversity and equality, as follows.
Diversity and equality
The Insolvency Service is committed to arrangements that are fair, open
and objective, applying the same standards regardless of race, ethnic or
national origin, sex, marital status, sexual orientation, disability,
religion or belief, age or working pattern.
Further information on the Insolvency Service’s equal opportunities and
diversity policies, which aim to ensure that everyone is treated fairly
and that their views and contributions are encouraged, valued and
recognised, is available on the Intranet.
Failure to comply with the requirements of the Civil Service Code,
including the failure to report breaches of the Code, may result in formal
steps being taken, which for employees could result in disciplinary action
including dismissal, and in the case of other individuals, appropriate
formal action.
Guidance, providing further information and advice on how everyone in the
Insolvency Service should behave and conduct themselves, forms part of
this policy.
Compliance with data protection regulations are an integral part of civil
servants’ conduct and work.
Responsibilities
The Insolvency Service is responsible for establishing the values,
standards and requirements to be followed by everyone working for the
Agency. The Insolvency Service is responsible for ensuring these are
communicated effectively and having arrangements in place to enable
individuals to raise any questions or concerns they may have about the
activities in which the Insolvency Service is engaged or what they are
being required to do (please see the Civil Service Code).
Line managers are responsible for explaining job requirements and
standards of work expected from individuals they manage, drawing to the
attention of their team, particularly those newly appointed, the Civil
Service Code and related policies; and responding to questions or concerns
raised by them. Managers should also ensure that induction packages for
new appointees contain information on the required standards of conduct
within the Insolvency Service.
All individuals working in any capacity for the Insolvency Service have a
responsibility to acquaint themselves with the core values and objectives
set out in the Civil Service Code, and to conduct themselves in accordance
with this Code. If they have any questions or concerns, they should raise
this with their line manager.
On leaving the civil service, employees are required to abide by the rules
on the acceptance of outside appointments by Crown servants.
Notification
Where an individual becomes aware of an actual or potential conflict of
interest affecting them, they should report it immediately verbally and
subsequently in writing to their line manager.
This includes situations where there is a business interest between the
individual or their close relatives (i.e. husband, wife, partner, mother,
father, brother, sister, son or daughter) and the Insolvency Service. This
would include share ownership and share dealings or the holding or likely
take up of directorships where there is a contract in place or is likely
to be established between the Insolvency Service and the company
concerned.
Where an individual:
•becomes bankrupt or insolvent
•is arrested and refused bail
•is convicted of any criminal offence (this does not apply to a traffic
offence unless an official car was involved, or the penalty included
imprisonment or disqualification from driving)
they must report this in detail and without delay to their line manager.
Where an individual has any concerns about a breach or potential breach of
the Civil Service Code, they should raise this with their line manager, or
someone else in the line management chain or, if this would be difficult,
with one of the nominated officers set out for this purpose in the
Insolvency Service’s whistleblowing policy.
A breach in the Civil Service Code will be dealt with formally under the
disciplinary policy.
Reporting alleged irregularities: if a member of staff suspects another
member of staff of impropriety in relation to the items outlined in these
policies or other potential fraudulent activities, they should report it
to their manager and/or follow the whistleblowing policy.
Civil Service Code
The Civil Service Code sets out the framework within which all civil
servants work, and the core values and standards of behaviour they are
expected to uphold. It forms part of the terms and conditions of
employment of every civil servant.
The Civil Service Code outlines the core values of the civil service:
•integrity - putting the obligations of public service above your own
personal interests
•honesty - being truthful and open
•objectivity - basing your advice and decisions on rigorous analysis of
the evidence
•impartiality - acting solely according to the merits of the case and
serving equally well governments of different political persuasions
If an employee believes that they are required to act in a way which
conflicts with the values of the Code, or are aware of actions by others
which conflict with the values, they should in the first instance follow
the whistleblowing policy to raise a concern. Please see the
‘notification’ section for further details. If an employee is
dissatisfied with the outcome of the investigation, they may bring a
complaint to the Civil Service Commission. The Commission may also hear a
complaint direct. However, the Commission believes that it is generally
better that concerns are raised first of all within a department, so the
complainant would need to explain to them why they think that that is not
appropriate in their case. See the ‘Guide to Bringing a Complaint to the
Civil Service Commission’.
The Civil Service Learning “Understanding the Civil Service” e-learning
course is an introduction to the civil service for new entrants. It covers
a range of areas from the roles and responsibilities of civil servants to
an introductory understanding of parliament and the European Union.
Managers should ensure that new entrants, including temporary workers,
complete this course upon entry into the Agency. The course should also
prove useful as a refresher for those who are more experienced but wish to
check their understanding of civil service. All current employees and
temporary workers are therefore encouraged to complete the course.
I remain of the view that the questions you are asking should be directed
at the court who are responsible for the administration of bankruptcy
petitions and orders.
If you disagree with any final decision provided by The Insolvency Service
you may refer this matter to the Information Commissioner. He may be
contacted at ICO, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF..
Details of the services of the Information Commissioner can be found
at:[1]www.ico.org.uk
Regards,
Paul Schofield | Senior Official Receiver’s Office | The Insolvency
Service | [email address]| 4^th Floor Cannon House,
18 Priory Queensway, Birmingham B4 6FD | DX 713901 Birmingham 37 DX |
[2]www.gov.uk/insolvency-service
ivanataylor left an annotation ()
Unbelievable that they are supposed to be following the Civil "Ser-Vice" Code and Principles that do not tally up with the evidence !
What is the point of having the Insolvency Act and Rules if one insolvency rule 7.55 can be used to commit fraud upon and within the courts to target people for their assets and property ?
Judges should not allow any of the prescribed insolvency forms to be " tinkered with " to favour the Council and should be removed from Judicial Office.
Dear FOI,
I remain of the view that the Insolvency Service although a department of the Ministry of Justice system should be clear about their responsibilities to comply with proper standards of conduct to avoid any possible discredit to the Insolvency Service or the civil service. They should avoid any action or behaviour that may call into question their personal honesty or integrity as Public Servants, which applies to everyone working for the Insolvency Service in any capacity.
Please clarify how as public servants knowing that the council's and court Judges are making individuals bankrupt by allowing "tinkered with" fake non-prescribed insolvency paperwork to be filed and by deceptive means such as the court failing to file a bankruptcy petition before making a bankruptcy order and ignoring the fact of no proper service of documents etc, how is it possible for you to be operating under the Civil Service Code of integrity, honest, objectivity, impartially?
Integrity requires putting the obligation of the public service above your own personal interests of receiving a fee when you are aware that individuals may have been made unlawfully bankrupt in private courts and all without the safety of the public gaze.
Honesty requires being truthful and open in your dealing with your "customers" and reporting any wrong-doing by the councils and the courts to the Authorites and Police.
Objectivity requires basing your advice and decisions on a rigorous analysis of all the evidence presented to the court which you have access to and not using the Insolvency Rule 7.55 as a "get out of jail clause" for wrong-doing , when individuals are not insolvent yet are bankrupted anyway.
How is it appropriate and not a conflict of interests for the Insolvency Service to take a fee when a pending petition action has not been filed at the Land Registry or do all departments attached to the Ministry of Justice work together for financial gain by "hook or by crook"?
After all who is really benefiting from this deception apart from the council's, courts, insolvency service and the land registry staff ?
What actions does the Insolvency Service take against the council's or the courts or the Land Registry when you become aware of any unlawful wrong-doing ?
Yours sincerely,
ivanataylor
Dear Madam,
I regret that the Insolvency Service FOI cannot assist you further.
I remain of the view that the questions you are asking should be directed at the court who are responsible for the administration of bankruptcy petitions and orders.
If you disagree with any final decision provided by The Insolvency Service you may refer this matter to the Information Commissioner. He may be contacted at ICO, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF..
Details of the services of the Information Commissioner can be found at:www.ico.org.uk
FOI | Senior Official Receiver’s Office | The Insolvency Service | 4th Floor Cannon House, 18 Priory Queensway, Birmingham B4 6FD | DX 713901 Birmingham 37 DX | www.gov.uk/insolvency-service
ivanataylor left an annotation ()
Council Tax - Bankruptcy Petition Hearing
https://m.youtube.com/watch?v=Fx9-C-QyfE8
ivanataylor left an annotation ()
Council Tax - Liability Orders - Full Council Question
Here is The Question I asked at our Full Council
" I wish to know whether or NOT a complaint is actually laid before a Magistrates' court prior to a summons being issued by the Magistrates' for non payment of Council Tax"?
They refused to minute the Question! Why?
Are we being 'Rail Roaded' and Stitched Up?
By unscrupulous Council and Court staff, while Elected Councillors turn a blind eye and just keep collecting their expenses and perks?
https://m.youtube.com/watch?v=HBBK1Gf4vmA
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now
ivanataylor left an annotation ()
Article 7 of the Universal Declaration of Human Rights in 1948 stated, " All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination".
Try telling this to my friend Former MBC Cllr Sheena Williams
who is still being stitched up this time for her home !
http://kentfreedommovement.com/profiles/...