Excel Civil Enforcement - thugs

[ploddertom]

Re: Excel Civil Enforcement - thugs

I forgot to say, in my chats with the head of finance of Pembs County council, she said she was unaware of Local Government Ombudsman rulings on fees that are being charged such at the van fee and redemption fee. Additionally she said she will forward those rulings to Excel for thier comment. They have previously sent her a court ruling that favours their version of collecting beer money - she did say she hasn't sent me the ruling as it's "complicated", I haven't told her that I have two bachelors degrees so feel I could understand such matters..but I will do that now so you guys can see how they justify thier fees. It's a bit alarming that she is unaware of regulations that govern her work.

As a concerned resident you should bring this to the attention of your local Councillor(s), the Leader of the Council & his Deputy, the Council Chairman & your MP & AM in the Assembly. It is more than alarming she knows nothing.

[bizzybob]

Re: Excel Civil Enforcement - thugs

As a concerned resident you should bring this to the attention of your local Councillor(s), the Leader of the Council & his Deputy, the Council Chairman & your MP & AM in the Assembly. It is more than alarming she knows nothing.

The fact she knows nothing means she is unfit to hold that post, do as ploddertom suggests, and escalate it to all the aforementioned people.

[CleverClogs]

Re: Excel Civil Enforcement - thugs

As a concerned resident you should bring this to the attention of your local Councillor(s), the Leader of the Council & his Deputy, the Council Chairman & your MP & AM in the Assembly. It is more than alarming she knows nothing.

... even if she was not born in Barcelona. msl:

Seriously though, it matters not one iota whether her claims of ignorance and/or of having been bamboozled by the buggers are the result of her innate stupidity or a deliberate choice based on a desire for a stress-free existence, by apparently condoning such antics she may have left her employers liable for damages.

[bizzybob]

Re: Excel Civil Enforcement - thugs

... even if she was not born in Barcelona. msl:

Seriously though, it matters not one iota whether her claims of ignorance and/or of having been bamboozled by the buggers are the result of her innate stupidity or a deliberate choice based on a desire for a stress-free existence, by apparently condoning such antics she may have left her employers liable for damages.

In a worse case scenario, the council officials involved in this sort of case, could find themselves on criminal charges, like Misfeance in Public office, and indeed they should be charged with this when they swallow the bailiffs Lewis Carroll Alice in Wonderland bailiff version of the rules. As for the bailiffs " Off with their heads"

[Rob0000]

Re: Excel Civil Enforcement - thugs

Hi all,

It's been a while since i posted on this but there is still some stuff in the pipeline on this that i'll not mention yet, but there is one thing i would be apprciative of some advice on.

It occured to me the other day that one day last year i reported to the police a suspicious car and driver who was driving past my house taking photographs. I live in a very rural location and i suspected him of planning to steal our heating oil. I gave the police his car reg number, and recieved a call from a copper a week or so later. She told me the man was not planning a crime, but i was busy and couldnt have a chat and so never asked what he was doing ( i trusted a police officer) and then forgot until a few days ago. I am pretty sure now, it was ne of Excels thugs that was taking the photos. Additionally, who wants to put money on it being the day they claim a van fee?

anyway, my query is this, does anyone know what information i could expect from the police if i asked them for the information that i should have asked the copper on the phone? Sadly i binned the cars' registration number after i reported it. Similarly, i recalled another weird event when two guys in a 4x4 BMW stopped at my house, the driver got out and asked me who owned a field opposite my house, i firmly beleive it was the thug mentioned above sat in the passenger seat.

as a further aside, have the admins thought of making a sticky the trick/cons that these thugs use. It could just be a database of con?!

thanks in advance for your wise words.

[Rob0000]

Re: Excel Civil Enforcement - thugs

Hi everyone,


Since I last posted on here I have been busy, with Bluebottles help I have been trying to get a Freedom of Information Act request from Pembrokeshire county Council (PCC). I wanted to keep that off the forum so they couldn’t say it was a request merely for nuisance reasons.


I have now been through the request, a request for a review of their original reply and am now at the stage of complaining to the Information Commissioners Office

I felt it only fair to involve the Legal Beagles community in this process now, for your comments, observations and wonderfully wise words. . Just for your info, any names used in this are publicly available on PCCs website.


I’ve attached all the documents, my original request is called FOI Requesta, and their reply is Response Rob 3738a. I think the request makes it clear what I want, bluebottle helped me phrase less clumsily as I naturally do!

Obviously their reply was far from satisfactory and so I wrote and asked them to review their finding, file name: FOI 2a . I got an acknowledgement of that request and then some emails about them being unable reach a finding:

19^th July 2013
Dear Mr
I write with reference to your email below in which you asked for a review of the response you received regarding your Freedom of Information Act request.
I can confirm that the review panel met on Tuesday 16^th July but were unable to reach a decision on the information that was available to them at this meeting. The panel have asked the Revenues Services Section to gather further information and when this is ready I will reconvene the review panel.
I apologies for the delay in providing a full response to your request and hope to be in a position to complete your request during the week commencing 29^th July 2013.
Regards
Sian

Then another,


2^nd August 2013

Dear Mr
I write to advise you that I am still not in a position to fully respond to your request for a review. Unfortunately, I have been unable to organise a meeting this week as so many officers are currently taking annual leave. I have arrange a meeting for early next week and will respond to you as soon as possible after the panel have met.
Please accept my apologies for this delay.
Regards
Sian


I am less than pleased with this and so send my reply,


Dear Sian,

Thank you for the update I do however find its content disappointing.

Local Governments request their staff to book leave in advance, it’s often written in to contracts that the service of the authority cannot be detracted from by staff absence. If there are insufficient staff numbers it is not a problem that should affect me. It is a problem of management of Pembrokeshire County Council for allowing too much absence thus creating a discontinuity of service and by definition leaving itself understaffed. My request and subsequent appeal are done through lawful process; staff holidays should not have any affect on predictable processes. If I were to receive the complete reply on Monday, I am sure you’re aware that it would have taken thirty six days on top of the statutory twenty days for the original request.

I do look forward to a comprehensive reply next week.


I rapidly receive an out of office auto reply, thus;


Hi - I will be on annual leave until Monday 19th August 2013.

If your email is about an urgent FOI matter, please contact XXXX by emailing XXXX@pembrokeshire.gov.uk. Otherwise, I will deal with your email on my return.

Sian


Firstly, my email reply above says it’s 36 days, I was wrong it is fifty four days since my original request and today will be thirty nine days since i appealed. Second it appeared to me she would be unable to respond to me as she would be on holiday.


On 5^th August however, PCC do reply from another person, with a letter signed by Sian (but Sian is on holiday) that basically says the original decision stands. That is attached and called; Review Response Rob-1a.

As you can see, I’m now at the stage of complaining to the ICO, with Bluebottles help I have just now sent a complaint to the ICO, with their standard form I have sent this;

I wish to complain about the failure and refusal of Pembrokeshire County Council (PCC) to comply with my request under the Freedom of Information Act in respect of information relating to their contracted enforcement agents, Excel Civil Enforcement.

My initial request, dated 13th May 2013, is attached to this message under File name: FOI Requesta. PCC's response to this is attached and under the File Name: Response Rob 3738a. I sent a request to review the decision, dated 27th June 2013 under File Name: FOI 2a.

I then received a number of email messages dated 19th July 2013 and 2nd August 2013 from PCC, claiming they did not have the resources to comply with my request and, today, I received a response from them under File Name: Review Response Rob-1a.

My case for a review remains the same, in that the information requested by me falls under the ambit and scope the Freedom of Information Act and, as such, should be freely-available on request.

As the request relates to a legal process, it is, therefore, open to scrutiny, justification and clarification.

In my review request to PCC, dated 27th June 2013, I named a recent document, Council Tax: Guidance to local councils on good practice in the collection of Council Tax arrears (Department for Communities and Local Government, 2013). By not keeping in accordance with that document, it cannot be said they are complying with the underlying legislation of that document nor do they have any way of monitoring their responsibility for their compliance and that of their contracted enforcement agents with The Council Tax (Administration and Enforcement) Regulations 1992 (as amended).

Their most recent reply states I am asking for the business and costing arrangements of Excel Civil Enforcement. This is not what I am doing. I am asking for the costs applied to accounts legally held, legally processed and legally administered by PCC. The responsibility for Council Tax collection is laid down in The Council Tax (Administration and Enforcement) Regulations 1992 (as amended). Excel Civil Enforcement are not legally responsible for Council Tax Collection. They are contractors and are bound by the Council Tax (Administration & Enforcement) Regulations 1992 (as amended) as the fees they may lawfully charge debtors. These fees can and are abused by Excel Civil Enforcement and other certificated bailiff companies, as well as a source of income for many councils in England and Wales. This is public information and is the duty of PCC to manage their Council Tax collections. In the case of those who fall behind with their Council Tax payments, the collection and enforcement is outsourced to private-sector contractors like Excel Civil Enforcement.

I am not requesting the financial arrangements of a private company, I am asking about the fees, set out in legislation and how they are applied.

As the council state that they do not hold details of complaints, how can they protect the public from abuses by their contracted enforcement agents? You will, therefore, appreciate that this matter is of some concern.

Whatever the outcome from the ICO is, once I receive it I’ll be submitting a complaint to the LGO because PCC keeps no record of complaints and is unable to monitor its own legal responsibilities under The Council Tax (Administration and Enforcement) Regulations 1992 (as amended).

Does anyone have any other ideas for such a complaint, or any other comments?

[CleverClogs]

Re: Excel Civil Enforcement - thugs

They've used the standard excuse of "commercial sensitivity" to excuse the fact that they do not bother to manage the contract, but prefer to let Excel do pretty much as they please.

In my opinion, you'd do better to take the matter to the Public Services Ombudsman for Wales (in Welshish, Ombwdsmon Gwasanaethau Cyhoeddus Cymru) as he/she can kick bottoms (penolau cic).

See link for Wikipedia's article on them and link for their website, which is adorned by a picture of a traditional Welsh family:

[bizzybob]

Re: Excel Civil Enforcement - thugs

Good advice from CC, the Welsh Family must be one that are from Barry with ancestry in Beijing and Rhondda Cynon Taff, we did multicultural in Wales before the name existed. One thought is I woner relating to the post #80, was the Excel bailiff thinking of levying the heating oil, and removing it for sale? If such a thing is allowed. Would a bailiff be allowed to levy and remove heating oil and coal , notwithstanding he would need a tanker to remove the oil at an extortionate van fee?

[CleverClogs]

Re: Excel Civil Enforcement - thugs

No, he'd just use his traditional Berlingo.

And maybe a bucket or two.

[bizzybob]

Re: Excel Civil Enforcement - thugs

No, he'd just use his traditional Berlingo.

And maybe a bucket or two.

Nah a couple of buckets and a one gallon fuel can, in his Bipper, they having gone up in status from a Citroen to a Peugeot, but down a size from a Berlingo to a Bipper. Mind you hereabouts Excel prowl in T5 VW Transporter, and Merc Vitos

[CleverClogs]

Re: Excel Civil Enforcement - thugs

Mind you hereabouts Excel prowl in T5 VW Transporter, and Merc Vitos

If one considers their excessive charges, one might conclude they can afford them!

[bizzybob]

Re: Excel Civil Enforcement - thugs

If one considers their excessive charges, one might conclude they can afford them!

Woudln't have either of those vehicles expensive cramped cab.....Vito is unreliable, bailiff would need loadsa fees to pay for the spares.

[bluebottle]

Re: Excel Civil Enforcement - thugs

Woudln't have either of those vehicles expensive cramped cab.....Vito is unreliable, bailiff would need loadsa fees to pay for the spares.

I've heard that about the MB Vito from a number of people. The VW T5, on the other hand, is a lot more reliable. A coachbuilding firm, based in North Yorkshire, have based a bus on it and TfL use it for their Dial-A-Ride service, which says something about the T5's quality and reliability.

[bizzybob]

Re: Excel Civil Enforcement - thugs

I've heard that about the MB Vito from a number of people. The VW T5, on the other hand, is a lot more reliable. A coachbuilding firm, based in North Yorkshire, have based a bus on it and TfL use it for their Dial-A-Ride service, which says something about the T5's quality and reliability.

The T5 transporter and the Sprinter sized Crafter are good vans, the T5 is cramped in the cab like a Vivaro, compared to the Sprinter, so three burly bailiffs would be like a sardines in the T5, Vivaro or Vito

[Rob0000]

Re: Excel Civil Enforcement - thugs

In post 80 he was in a VW Golf, the second time they were in a 4x4 BMW...not sure if it can take 500ltrs of oil!!

Good advice from CC, the Welsh Family must be one that are from Barry with ancestry in Beijing and Rhondda Cynon Taff, we did multicultural in Wales before the name existed. One thought is I woner relating to the post #80, was the Excel bailiff thinking of levying the heating oil, and removing it for sale? If such a thing is allowed. Would a bailiff be allowed to levy and remove heating oil and coal , notwithstanding he would need a tanker to remove the oil at an extortionate van fee?