council tax single persons discount review/ experian/equifax???????

[bluebottle]

Re: council tax single persons discount review/ experian/equifax???????

Militant,

I've just checked the Human Rights Act and it would appear that as Capita is involved in providing public services and services on behalf of a public authority, they are subject to the Human Rights Act. This makes it a little more difficult for them to hide behind "Commercial Confidentiality" and similar excuses.

Hope this is helpful to you.

BB

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

THANKS BLUBOTTLE

i had that up my sleeve, just because they are a private commercial company does not excuse them if they are under contract from a state owned company or local/central goverment

i am waiting for the commercial sensativity to be used then i will hit them back with a double wammy

its a shame you have to go through the hoops and double bluff before you get anyware, but i know the answers, its just getting them to confirm

JUST SENT ANOTHER FOI REQUEST TO THE COUNCIL AND I WILL KEEP DOING IT UNTIL I GET THE ANSWERS

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

THIS IS THE COUNCILS RESPONSE TO MY LAST FOI REQUEST (COMMENTS PLEASE)

Freedom of Information Act 2000

Ref: FOI XXXX
Thank you for your e-mailed Freedom of Information request dated 7^th June and asking further information relating to your original FOI requests Ref: XXXX (Capita Contracts). Your additional questions are as follows:

a) How long is the period XXXX Council allows capita or the credit agencies to retain personal data and why does it allow (what reason) this extra time beyond normal processing for the purpose of single persons discount?

b) Do these outside commercial agencies Capita and the credit agencies retain the data supplied by COUNCIL tax payers or update their own database

c) Do Capita or the credit agencies then update their own database on separate commercial contracts held by third party organisations on the data supplied by Council?

d) Can you please confirm if Council has, OR HAS NOT a statutory obligation to carry out single persons discount reviews as required by law

e) Capita, as a company, has a history of incompetence on retaining and processing, people’s personal data for which i will list examples

· Criminal Records Bureau (CRB)
· London Congestion
· Charging TV Licensing

Does Council consider Capita a fit and proper organisation to handle people’s personal data in light of its seriously tarnished reputation in this area?

My reply is below:

a) The data will be held until the project is successfully completed and the Council are satisfied that all SPD claims are genuine.

b) No, they do not use the information supplied by Council for other purposes.

c) No, they do not use the information supplied by Council for other purposes.

d) Whilst there is no specific statutory obligation to carry out a single person discount review, every Council has an obligation to ensure that its local residents do not overlook their duty to notify changes in discount entitlement and that discount does not become an opportunity for fraud. Each Council must decide what steps to take for itself using recommendations made by Audit. Incorrectly claimed discounts have an adverse effect on the level of Council Tax and need to be reviewed regularly. XXX council different from any other Council in using a discount review in this way.

e) Yes

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

Freedom of information request has now been sent to capita in victoria street london by email

it was not a request in its self but a request to supply the correct department/address as to where to send my request

they promised to respond in the automated email response within two days

i stated that if they failed to answer my request within a week a complaint would be submitted to the ICO

[ploddertom]

Re: council tax single persons discount review/ experian/equifax???????

Capita is a private company and not subject to FOI requests.

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

Capita is a private company and not subject to FOI requests.

that is true but if it is carrying out work on behalf of a state owned company or local goverment, the provisions of the FOI request stand to the third party company

i had that confirmed by the ICO when royal mail put the shutters up when i started asking questions on quadrant, which is royal mails own internal catering supplier via FOI requests.
they claimed corporate sensativity

i won on appeal

any organisation in receipt of tax payers money is subject to FOI REQUESTS AS IT IS CLASSED AS PUBLIC MONEY EXCEPT IN THE INTERESTS OF NATIONAL SECURITY

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

AS EXPECTED, THE RESPONSE FROM CAPITA TO MY FOI REQUEST. NOW ICO OFFICE


Dear Mr

Thank you for your email.

As a private company Capita plc is not covered by the Freedom of Information Act 2000 (or the Freedom of Information (Scotland) Act 2002). You will need to contact your specific local authority and make your FOIA request to them.

Many thanks

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

militant,

i've just checked the human rights act and it would appear that as capita is involved in providing public services and services on behalf of a public authority, they are subject to the human rights act. This makes it a little more difficult for them to hide behind "commercial confidentiality" and similar excuses.

Hope this is helpful to you.

Bb

may i ask bluebottle

what section of the human rights act you looking at as i am about to go to war on this

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

error

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????




well then
i received this from the council today
i draw your atention to this statement

IF YOU DO NOT CONTACT US WITHIN 14 DAYS FROM THE DATE OF THIS LETTER WE WILL ASSUME YOU ARE NO LONGERT LIVING ALONE AND THE DISCOUNT WILL BE REMOVED

for a start, the 25 % discount is statutory, they have no authority to remove it if i do not respond

when i started paying my community charge, i made a declaration that i was a single person occupancy so why do i need to respond to that letter as there is no specific statutory obligation to carry out a single person discount review,

so what authority has that piece of bog roll got over me to comply

i have made my statement once as required as a single person occupancy

comments please

[wales01man]

Re: council tax single persons discount review/ experian/equifax???????

To me a mere mortal this looks cut and dried if the OP is a single person and receives a bill that does not included single persons discount his liability is for 75% of the total and the council could and probably would not take action as this could be classed as waste of public money furthemore the thug bailiffs would be unable to take action if the alleged debt was passed to them Would be interested in the councils reaction when told this

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

I AM JUST ABOUT READY TO EMAIL THE COUNCIL THIS LETTER
COMMENTS PLEASE

OFFICIAL COMPLAINT AS TO YOUR COMPLAINTS PROCEDURE

please acknowledge receipt and respond by 16/07/2012

Dear sir/madam

i am making this complaint to xxx Council as a way to get official clarification on its policy on the single persons occupancy discount review, and its agents, Capita plc.

i was most disturbed to receive a request by letter from the councils agents (Capita plc) to confirm if i am entitled to the single persons discount. The request in its self was fine, it was asking me to confirm extra personal details such as email address, telephone number, etc; to which i have serious objections to.

Capita plc has an appaling public record on keeping peoples personal data secure and i am concerned that the council even considered enlisting their services.

The correspondence i have just received from Capita, even though it is on official paper with the xxx Council logo states that they will assume that i am not entitled to the single persons occupancy allowance and remove the 25 % single persons occupancy if i do not supply my personal details and return the request form within 14 days.

As i understand, under the legislation, their is no statutory obligation for a single persons occupancy review, so a council tax payer can be asked to supply information by the local authority under the local government finance act 1992 only, and not statutory required to give the extra data.

so, if their is no statutory requirement to complete the single persons occupancy form sent by the council (Capita)

1/ by what statutory authority gives the council (Capita) authority to remove the 25 % community charge discount

2/ the 25 % council tax single persons discount is a statutory right & subject to statutory legislation

3/ the council tax payer is only lawfully obligated to inform the local authority on a change in personal circumstances; cohabitation, for example (under the Fraud act 2006) & I have already made a declaration to you which qualifies me to receive SP entitlement.

i am of the opinion the letters being sent out by the local authority (Capita) are in contravention of the Protection From Harassment Act 1997 in their context and have no statutory legal authority.

i am of the opinion the council will have to share the responsibility for the actions of its agents Capita by way of vicarious liability.

i am giving the council an opportunity to respond to my concerns and reply to questions 1,2,and 3 before i escalate this matter to the Lord Chancellor's Office for clarification on the points raised.

yours sincerely

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

this is the nail in the councils coffin. this was part of a response to my freedom of information act request

QUESTION

d) Can you please confirm if Council has, OR HAS NOT a statutory obligation to carry out single persons discount reviews as required by law

ANSWER

d) Whilst there is no specific statutory obligation to carry out a single person discount review, every Council has an obligation to ensure that its local residents do not overlook their duty to notify changes in discount entitlement and that discount does not become an opportunity for fraud. Each Council must decide what steps to take for itself using recommendations made by Audit. Incorrectly claimed discounts have an adverse effect on the level of Council Tax and need to be reviewed regularly. XXX council different from any other Council in using a discount review in this way.

GOTCHA

[outlawlgo]

Re: council tax single persons discount review/ experian/equifax???????

I would have thought a householder complying with a single person discount review would be something entirely voluntary.

If you are not incorrectly claiming discounts wouldn't it be the council's problem, not yours, if it thinks that you are?

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

you have hit the nail on the head

informing the council of single person occupancy is voluntary, you have a duty to inform them if you no longer are a single person in a house hold, that is all

i have no statutory requirement in law to respond to the council and Capita third party demands

if they do go ahead and remove my single persons occupancy discount, then the council would have committed a tortious act and watch the %^£" hit the fan then