Tunbridge Wells Borough Council Tax - Prescribed Insolvency Forms used for Bankruptcy

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

Dear Tunbridge Wells Borough Council,

Tunbridge Wells Borough Council Tax - Prescribed Insolvency Forms used for Bankruptcy

Please confirm under the FOIA which prescribed Insolvency forms the council uses when bankrupting individuals for non-payment of council tax.

Prescribed Insolvency form 6.1 Statutory Demand under section 268(1)(a) of the Insolvency Act 1986 Debt for Liquidated Sum Payable Immediately and the corresponding prescribed form 6.7 Creditor's Bankruptcy Petition on failure to comply with a statutory demand for a liquidated sum payable immediately.

OR

Prescribed Insolvency Form 6.2 Statutory Demand under section 268(1)(a) of the Insolvency Act 1986 Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court and corresponding prescribed form 6.9 Creditor's Bankruptcy Petition Where Execution or Other Process on a Judgment has been Returned in Whole or Part.

Yours faithfully,

Ed Boyce

info (TWBC), Tunbridge Wells Borough Council

This is an automated response to thank you for your e-mail to Tunbridge
Wells Borough Council and to confirm that it will be forwarded to the
relevant department/officer to respond to.

 

If you have access to the Internet you may wish to see if your enquiry can
be dealt with online - the Council's website allows you to [1]report
problems and make [2]payments, as well as providing [3]comprehensive
information about our services.

 

Please do not reply to this automated response.

 

Customer Service Team

Tunbridge Wells Borough Council

Town Hall

Royal Tunbridge Wells

Kent  TN1 1RS

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council IT Help Desk on telephone +44 (0)1892 526121 extension
3118 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. http://www.tunbridgewells.gov.uk/report
2. http://www.tunbridgewells.gov.uk/residen...
3. http://www.tunbridgewells.gov.uk/

FOI (TWBC), Tunbridge Wells Borough Council

2 Attachments

Dear Mr Boyce,

 

Acknowledgement

Our Ref: FOI F05513

Thank you for your recent email which we are handling in accordance with
the Freedom of Information Act 2000. I acknowledge receipt and confirm
that we will respond within 20 working days from the date of receipt.

In the meantime, if you have any further queries regarding our Freedom of
Information procedures please contact the team on 01892 554153 or via
e-mail to [1][email address].

Yours sincerely

 

 

 

Jessica Cox

Information Assistant

 

T: 01892 554153 ext: 3153

E: [2][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[3]www.tunbridgewells.gov.uk   

 

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council IT Help Desk on telephone +44 (0)1892 526121 extension
3118 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.tunbridgewells.gov.uk/

FOI (TWBC), Tunbridge Wells Borough Council

2 Attachments

Dear Mr Boyce,

Re: FOI F05513

Thank you for your Freedom of Information request.   

Please find below the response to your recent request; the information has
been provided by our Revenues and Benefits Team.

 

Your Request:

Please confirm under the FOIA which prescribed Insolvency forms the
council uses when bankrupting individuals for non-payment of council tax.

 

Prescribed Insolvency form 6.1 Statutory Demand under section 268(1)(a) of
the Insolvency Act 1986 Debt for Liquidated Sum Payable Immediately and
the corresponding prescribed form 6.7 Creditor's Bankruptcy Petition on
failure to comply with a statutory demand for a liquidated sum payable
immediately.

 

OR

 

Prescribed Insolvency Form 6.2 Statutory Demand under section 268(1)(a) of
the Insolvency Act 1986 Debt for Liquidated Sum Payable Immediately
Following a Judgment or Order of the Court and corresponding prescribed
form 6.9 Creditor's Bankruptcy Petition Where Execution or Other  Process
on a Judgment has been Returned in Whole or Part.

 

Tunbridge Wells Borough Council uses neither of the above prescribed
insolvency forms.

 

I hope this information is helpful and if there is anything further I can
help with please contact me on 01892 554153 or via email to
[1][email address].

If you are dissatisfied with the information provided or the way in which
we have dealt with your request, you can request a review.   Please write
to Estelle Culligan, Interim Head of Legal Partnership and Monitoring
Officer at the Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS or via
e-mail to [2][email address]  requesting a review
of the decision.

We will aim to deal with your request within 20 working days. If you
remain dissatisfied following our review, you can then appeal to the
Information Commissioner.

Yours sincerely

 

 

 

Jessica Cox

Information Assistant

 

T: 01892 554153 ext: 3153

E: [3][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[4]www.tunbridgewells.gov.uk   

 

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council IT Help Desk on telephone +44 (0)1892 526121 extension
3118 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[email address]
4. http://www.tunbridgewells.gov.uk/

Dear FOI (TWBC),

Please expand on why Tunbridge Wells Borough Council do not use prescribed insolvency forms when bankrupting individuals for non-payment of council tax.

Please provide a copy of the forms you do use.

Yours sincerely,

Ed Boyce

Dear FOI (TWBC),

Please confirm when a reply will be forthcoming in response to my email seeking clarification on 23 December 2016.

Yours sincerely,

Ed Boyce

FOI (TWBC), Tunbridge Wells Borough Council

3 Attachments

Dear Mr Boyce,

Re: FOI F05513

Thank you for your email dated 23 December 2016. Please accept my
apologies for the delay in response.

 

Following your initial Freedom of Information request you have requested
further clarification:

 

Please expand on why Tunbridge Wells Borough Council do not use prescribed
insolvency forms when bankrupting individuals for non-payment of council
tax.

 

The Freedom of Information Act only requires a public authority to provide
information we hold in a recorded form.   I confirm that the information
requested above is not recorded and therefore we are not required to
provide this information.

 

Please provide a copy of the forms you do use.

 

We do not hold a copy of the forms requested as this process is carried
out by external Solicitors.   However, as part of our duty under the FOI
to provide assistance, we have been advised that, for example, an adapted
version of the 6.2 and 6.7. forms available on the Insolvency Service
web-site may be used.

 

 

If you are dissatisfied with the information provided or the way in which
we have dealt with your request, you can request a review.   Please write
to Estelle Culligan, Interim Head of Legal Partnership and Monitoring
Officer at the Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS or via
e-mail to [1][email address]  requesting a review
of the decision.

We will aim to deal with your request within 20 working days. If you
remain dissatisfied following our review, you can then appeal to the
Information Commissioner.

 

Yours sincerely,

 

 

 

Claire Styles

Information Assistant

 

T: 01892 554272 ext: 3372

E: [2][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[3]www.tunbridgewells.gov.uk   

 

 

 

 

 

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council IT Help Desk on telephone +44 (0)1892 526121 extension
3118 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.tunbridgewells.gov.uk/

Dear FOI (TWBC),

Thank you for confirming that Tunbridge Wells Borough Council external Solicitors may use adapted versions of the prescribed Insolvency forms 6.2 and 6.7 , please can you clarify what you mean by "adapted " and in what way they are adapted when bankrupting individuals for non-payment of council tax.

Please also confirm the name of your external Solicitors.

Yours sincerely,

Ed Boyce

FOI (TWBC), Tunbridge Wells Borough Council

3 Attachments

Dear Mr Boyce

 

Thank you for your email.   We consider that we have responded fully to
your original request.  

 

If you remain dissatisfied with the responses you have received please
advise if you wish to request a review as outlined in our previous
correspondence.

 

Yours sincerely

 

 

 

Jessica Cox

Corporate Governance Assistant

 

T: 01892 554153 ext: 3153

E: [1][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[2]www.tunbridgewells.gov.uk   

 

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council IT Help Desk on telephone +44 (0)1892 526121 extension
3118 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. mailto:[email address]
2. http://www.tunbridgewells.gov.uk/

Dear FOI (TWBC),

Tunbridge Wells Borough Council have not provided the name of their external Solicitors who will be aware that prescribed insolvency forms cannot be "adapted" without a insolvency rule. Nowhere does it state within the Insolvency Law that prescribed insolvency forms can be mixed and matched.

Yours sincerely,

Ed Boyce

FOI (TWBC), Tunbridge Wells Borough Council

3 Attachments

Dear Mr Boyce

Our Ref: FOI F05513 Review

Thank you for your recent email which we are handling in accordance with
the Freedom of Information Act 2000.

I can confirm that we are reviewing your request and will respond within
20 working days from the date of receipt.

In the meantime, if you have any further queries regarding our Freedom of
Information procedures please contact the team on 01892 554153 or via
e-mail to [1][email address].

Yours sincerely

 

 

Jessica Cox

Corporate Governance Assistant

 

T: 01892 554153 ext: 3153

E: [2][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[3]www.tunbridgewells.gov.uk   

 

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council IT Help Desk on telephone +44 (0)1892 526121 extension
3118 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.tunbridgewells.gov.uk/

Dear Tunbridge Wells Borough Council,

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

I am writing to request an internal review of Tunbridge Wells Borough Council's handling of my FOI request 'Tunbridge Wells Borough Council Tax - Prescribed Insolvency Forms used for Bankruptcy'.

It is Tunbridge Wells Borough Council's wish that I put in for an internal review before passing this FOI request onto the ICO. Therefore please treat my email sent yesterday 8th February 2017 as a request for an internal review.

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,

Ed Boyce

info (TWBC), Tunbridge Wells Borough Council

This is an automated response to thank you for your e-mail to Tunbridge
Wells Borough Council and to confirm that it will be forwarded to the
relevant department/officer to respond to.

 

If you have access to the Internet you may wish to see if your enquiry can
be dealt with online - the Council's website allows you to [1]report
problems and make [2]payments, as well as providing [3]comprehensive
information about our services.

 

Please do not reply to this automated response.

 

Customer Service Team

Tunbridge Wells Borough Council

Town Hall

Royal Tunbridge Wells

Kent  TN1 1RS

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council IT Help Desk on telephone +44 (0)1892 526121 extension
3118 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. http://www.tunbridgewells.gov.uk/report
2. http://www.tunbridgewells.gov.uk/residen...
3. http://www.tunbridgewells.gov.uk/

Ed Boyce left an annotation ()

Notice that Tunbridge Wells Borough Council are connected with Maidstone Borough Council for Revenues and Benefits and have not provided the name of their external Solicitors.

FOI (TWBC), Tunbridge Wells Borough Council

3 Attachments

Dear Mr Boyce

Re: FOI F05513 Review

Thank you for your Freedom of Information request.

Please find attached the response to your recent Freedom of Information
Review. The information has been provided by our Legal Team.

Yours sincerely

 

 

 

Jessica Cox

Corporate Governance Assistant

 

T: 01892 554153 ext: 3153

E: [1][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[2]www.tunbridgewells.gov.uk   

 

 

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council IT Help Desk on telephone +44 (0)1892 526121 extension
3118 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. mailto:[email address]
2. http://www.tunbridgewells.gov.uk/

Dear FOI (TWBC),

Thank you for confirming that Tunbridge Wells Borough Council external solicitors, do you mean J E Baring & Co ?

Please also clarify when you are bankrupting individuals for non-payment of council tax which corresponding Creditor's Bankruptcy Petition do you use.

Yours sincerely,

Ed Boyce

Ed Boyce left an annotation ()

Notice how Tunbridge Wells Borough Council refer to J E Baring & Co as J E Baring and Co. and still do not provide which corresponding Creditor's Bankruptcy Petition they use.

Gary Rowland,

Dear Mr Boyce,

 

Yes, J E Baring & Co are the external solicitors Tunbridge Wells Borough
Council would appoint.

 

A petition for bankruptcy has to be in the prescribed form and the usual
form would be Form 6.7 or 6.9 where execution is returned unsatisfied.

 

Having previously reviewed our initial decision I will no longer be
responding to this request.

 

If you are not content with the outcome of this review, you may apply
directly to the Information Commissioner for a decision. The Information
Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Gary Rowland - Legal Assistant

Contracts & Commissioning and Corporate Governance

Mid Kent Legal Services | Maidstone, Swale and Tunbridge Wells Borough
Councils

Swale Borough Council, Swale House, East Street, Sittingbourne, Kent ME10
3HT

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

Tunbridge Wells Borough Council, Town Hall, Civic Way, Tunbridge Wells,
TN1 1RS

Tel: (01622) 602276   Email: [1][email address]

[2]www.swale.gov.uk     
[3]www.maidstone.gov.uk       [4]www.tunbridgewells.gov.uk

 

The contents of this e-mail, together with any attachments, may be
confidential or subject to legal professional privilege.  It should not be
shared with anyone without first consulting Mid Kent Legal Services. 

If you are not the intended recipient, please do not forward this email or
the attachments to anybody.  Please notify the sender and delete all
copies of this email from your system.

 

    

 

References

Visible links
1. mailto:[email address]
2. http://www.swale.gov.uk/
3. http://www.maidstone.gov.uk/
4. http://www.tunbridgewells.gov.uk/

Dear Gary Rowland,

Thank you for clarifying the correct spelling of Tunbridge Wells Borough Council external solicitors as J E Baring & Co and for confirming that the correct prescribed insolvency forms must be used when bankrupting an individual for non-payment of council tax, and that the council must use prescribed Statutory Demand form 6.2 where a Liability Order has been obtained by the council and corresponding Creditor's Bankrupty Petition Form 6.9.

Tunbridge Wells Borough Council remains responsible for all work that is contracted out externally, so please confirm why your third party solicitors they have given out the wrong advice on 16 February 2017 quote " an adapted version of the 6.2 and 6.7. forms availbe on the Insolvency Service web-may be used"?

Yours sincerely,

Ed Boyce

Ed Boyce left an annotation ()

Notice that Tunbridge Wells Borough Council was advised on the 16 February 2017 " where the Council had obtained a court/liability order, form 6.2 would be used when applying to make an individual bankrupt for non-payment of Council Tax"

Yet in the previous paragraph states "we have been advised that for example, an adapted version of the 6.2 and 6.7 forms .... may be used"

Since when can Prescribed Insolvency Forms be altered without an Insolvency Rule stating so ?

Dear Tunbridge Wells Borough Council,

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

I am writing to request an internal review of Tunbridge Wells Borough Council's handling of my FOI request 'Tunbridge Wells Borough Council Tax - Prescribed Insolvency Forms used for Bankruptcy

TWBC continue to evade the FOIA.

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,

Ed Boyce

info (TWBC), Tunbridge Wells Borough Council

This is an automated response to thank you for your e-mail to Tunbridge
Wells Borough Council and to confirm that it will be forwarded to the
relevant department/officer to respond to.

 

If you have access to the Internet you may wish to see if your enquiry can
be dealt with online - the Council's website allows you to [1]report
problems and make [2]payments, as well as providing [3]comprehensive
information about our services.

 

Please do not reply to this automated response.

 

Customer Service Team

Tunbridge Wells Borough Council

Town Hall

Royal Tunbridge Wells

Kent  TN1 1RS

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. http://www.tunbridgewells.gov.uk/report
2. http://www.tunbridgewells.gov.uk/residen...
3. http://www.tunbridgewells.gov.uk/

FOI (TWBC), Tunbridge Wells Borough Council

2 Attachments

Dear Mr Boyce

 

I am writing further to your correspondence dated 6 June 2017.

 

You have requested an internal review of Tunbridge Wells Borough Council’s
handling of your FOI request.

 

We consider that the Council’s Legal Team have carried out an internal
review into your previous requests for information (the last
correspondence from Gary Rowland from our Legal Services Team dated 21
February 2017) and that you have fully exhausted the Council’s review
procedure for FOI requests.

 

Whilst  I recognise that you remain unhappy with the response to your
requests, the FOI Act is in place to provide access to information and to
provide recorded information held by a public authority. The Act does not
cover requests for interpretations of definitions or opinions of Council
policy and procedures.   By requesting a review our Legal Team determine
whether we  hold the information and whether the correct exemptions have
been applied.

 

If you remain dissatisfied with the response to your requests and review,
you may wish to contact the Information Commissioner’s Office:

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF, Tel: 01625 545745, [1]www.ico.org.uk 

 

Yours sincerely

 

 

 

Jessica Cox

Corporate Governance Assistant

 

T: 01892 554153 ext: 3153

E: [2][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[3]www.tunbridgewells.gov.uk   

 

 

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. http://www.ico.org.uk/
2. mailto:[email address]
3. http://www.tunbridgewells.gov.uk/