Making an FOI request to Council regarding Bailiff's help

[caledfwlch]

Some more interesting information from my FOI requests - I have had responses from all Welsh Council's, but some are currently only Partially responded too.

 

Conwy Council:

It costs them £3 to obtain a Liability Order, the Debtor however must pay £70.

To be fair This £70 includes "Staff Costs" "IT Costs" "Stationery" £67 is pretty impressive for that, considering most processes will be automated, and the staff will be doing other stuff as well - how come the normal Ctax bill doesnt include "Staff costs, IT Costs, Stationery" amongst the list of items such as Police, Fire, etc. Funny how becoming a debtor makes your automated processes become more expensive!

 

Also it seems - the Welsh Assembly has now banned Local Authorities from charging more than £70 for gaining a liability order.

 

Interestingly, Conwy Council believes that the Data Protection Act limits/stops it from making the appropriate enquiries to establish if a debtor is Vulnerable before a bailiff visit.

 

Rather oddly, they say that somebody "consulting their Councillor/MP" classes as vulnerable which I must admit sounds rather odd to me, and therefore suggests that, anyone whi receives a liability order should start Consulting their councillor or MP, tell the council and thus get Bailiff action stopped! This they say is from their Bailiff Operational Guidance - I suspect that this is due to a fear that if their Bailiff's are being naughty, and councils know full well they are, then they don't want the MP/Councillor getting to hear of it.

 

With regards getting the Council to take the debt off the Bailiff's Conwy says the following:

Once a case has been referred to the bailiffs any payment arrangements must be made with them. Only in exceptional circumstances, if appropriate, will a case be called back from the bailiffs.

 

Again under interesting, this is what Conwy has to say with regards to the Bailiff's it uses!

Since April 2010 Conwy C.B.C. has a joint-working agreement with Denbighshire County Council who have in-house bailiffs. Those bailiffs are now acting on behalf of Conwy C.B.C. for all new liability orders, apart from out of area cases which are referred to Jacobs bailiffs. The Council previously referred liability orders to Excel Civil Enforcement Ltd., who still have a number of ongoing cases.

 

Conwy Council does not keep records of complaints, or numbers of complaints regarding their Bailiff's.. How strange.

[caledfwlch]

The requests so far - some are currently only partially responded too

 

Flintshire http://www.whatdotheyknow.com/request/foi_request_for_bailiffs_and_cou_4#incoming-179026

 

Powys http://www.whatdotheyknow.com/request/foi_request_for_bailiffs_and_cou_7#incoming-178041

 

Gwynedd http://www.whatdotheyknow.com/request/foi_request_for_bailiffs_and_cou_5#incoming-177415

 

Denbighshire http://www.whatdotheyknow.com/request/foi_request_for_bailiffs_and_cou_3#incoming-176820

 

Conwy http://www.whatdotheyknow.com/request/foi_request_for_bailiffs_and_cou_2#incoming-176767

 

Wrexham http://www.whatdotheyknow.com/request/foi_request_for_bailiffs_and_cou#incoming-176128

 

Ynys Mon http://www.whatdotheyknow.com/request/foi_request_for_bailiffs_and_cou_6#incoming-170452

Not responded too at all - I mentioned in my upthread that I wondered what sort of response would come from Mon, given the taking over of the Council by Senate Commissioners

 

Ceredigion http://www.whatdotheyknow.com/request/foi_request_for_bailiffs_council#incoming-169754

 

This link is for Dyfed Powys Police's response and I will be tackling other Welsh Forces

http://www.whatdotheyknow.com/request/trainingguidance_given_to_office#incoming-165739

 

I just realised that for some reason, I havent FOI'd any South Wales Councils, I will get to work on them asap.

[caledfwlch]

Some interesting stuff from Denbighshire Council.

 

From April 2011 they say that they no longer charge the Debtor for Liability Orders. However, up to that point, there was a £3 charge for "Accomodation"?????????

 

This is Denbighshire's Code of Practice for Bailiff's - they still use Jacob's for certain things.

http://www.whatdotheyknow.com/request/69830/response/176820/attach/html/2/code%20of%20practice.pdf.html

 

Their Costs up to April 2011

http://www.whatdotheyknow.com/request/69830/response/176820/attach/html/4/Court%20costs.pdf.html

 

And, one of the few to supply it - Here is the Contract of Service/Service Level Agreement between Denbighshire and Jacob's as signed in 2009!!! This seems to be a fairly rare thing to get hold of.

http://www.whatdotheyknow.com/request/69830/response/176820/attach/html/3/Jacobs.pdf.html

[caledfwlch]

I have just noticed that someone else made a FOI request to Ceredigion Council.

http://www.whatdotheyknow.com/request/bailiff_fees_unpaid_by_debtor_fo_3#incoming-184136

 

Ceredigion Council believe that once a Liability Order has been settled with the Council, the Bailiff can continue to use the Order including attempting peaceful entry/levy on cars/goods purely for the recovery of their own charges.

 

Is this correct?

[outlawla]

Some interesting stuff from Denbighshire Council.

 

From April 2011 they say that they no longer charge the Debtor for Liability Orders. However, up to that point, there was a £3 charge for "Accomodation"?????????

 

I have the same curiosity about the £3 Accommodation. If you have the patience to read through it 120% increase in summons fee penalty this deals with the doing away with the charge for Liability Orders, however, they increased the summons cost by 120% and will inevitably force more households into paying the fee.

 

P.S

 

There is some discussion going on here about Rossendales, court, liability orders etc Help is available for your Council Tax Bill.

Edited July 30, 2011 by outlawla

[brassnecked]

Interesting stuff folks, obviously Conwy and Sir Dinbych are going to be working very closely, but both are equally incompetent, so nothing new here, but at least they say vulnerable cases must be referred back

[ploddertom]

 

 

Rather oddly, they say that somebody "consulting their Councillor/MP" classes as vulnerable which I must admit sounds rather odd to me, and therefore suggests that, anyone whi receives a liability order should start Consulting their councillor or MP, tell the council and thus get Bailiff action stopped! This they say is from their Bailiff Operational Guidance - I suspect that this is due to a fear that if their Bailiff's are being naughty, and councils know full well they are, then they don't want the MP/Councillor getting to hear of it. - BOG?

 

PT

[caledfwlch]

The Isle of Anglesey has finally responded.

 

http://www.whatdotheyknow.com/request/69833/response/198482/attach/html/1/FOI%20What%20do%20they%20know.com%20P%20Williams.doc.html

 

They make NO checks as to whether a debtor is Vulnerable before sending files across to the Bailiff's.

[brassnecked]

The Isle of Anglesey has finally responded.

 

http://www.whatdotheyknow.com/request/69833/response/198482/attach/html/1/FOI%20What%20do%20they%20know.com%20P%20Williams.doc.html

 

They make NO checks as to whether a debtor is Vulnerable before sending files across to the Bailiff's.

 

Well there's no surprise, as Cyngor Sir Fon is a complete bunch of clowns

[hallowitch]

17 How many complaints were made to Wrexham Council in 2010/11

regarding Bailiff’s

 

• Wrexham Council did not receive any formal bailiff complaints during 2010/2011. The bailiffs received 13 complaints in total for 2010.
  

Thats wrong fact: I made a formal complaint to WBC in 2010 and the debtor had approx £300 removed from the debt which was the total outstanding according to Jacobs and a overpayment of approx £300 returned

 

this complaint was dealt with within 2 days of a formal complaint letter being hand delved and addressed to Chief Executive Mr xxx xxxxx

[caledfwlch]

17 How many complaints were made to Wrexham Council in 2010/11

regarding Bailiff’s

 

• Wrexham Council did not receive any formal bailiff complaints during 2010/2011. The bailiffs received 13 complaints in total for 2010.
  

Thats wrong fact: I made a formal complaint to WBC in 2010 and the debtor had approx £300 removed from the debt which was the total outstanding according to Jacobs and a overpayment of approx £300 returned

 

this complaint was dealt with within 2 days of a formal complaint letter being hand delved and addressed to Chief Executive Mr xxx xxxxx

 

I wonder if there is some action that can be taken, or complaint to be made, that they are clearly "fiddling" the information they are giving out on lawful FOI requests then?

[hallowitch]

it was February 2011 i made the complaint not 2010

 

still got all the paperwork from the bailiffs and a copy of the letter i sent i also have receipt for the letter with FTO Chief executive Mr xx xxxx baillifs formal complaint letter

 

the only thing i haven't got (could get i think) is the reply letter from WBC to the debtor

 

having said that all the letter said was could you please phone xxxxx at WBC and they told her over the phone that the bailiff had allegedly levied a car (not hers) didn't explain why they're were 2 amounts being collected when there was only liability order

[caledfwlch]

it was February 2011 i made the complaint not 2010

 

still got all the paperwork from the bailiffs and a copy of the letter i sent i also have receipt for the letter with FTO Chief executive Mr xx xxxx baillifs formal complaint letter

 

the only thing i haven't got (could get i think) is the reply letter from WBC to the debtor

 

having said that all the letter said was could you please phone xxxxx at WBC and they told her over the phone that the bailiff had allegedly levied a car (not hers) didn't explain why they're were 2 amounts being collected when there was only liability order

 

Ahh, now, if you read the FOI request, I asked for the tax year 2010/2011, which presumably is April 10 to April 11, therefore your complaint should have been included in the figures

[brassnecked]

Agreed it should be in the figures