Attachment of earnings

[bluebottle]

Re: Attachment of earnings

There are undoubtably a hard core of well pissed off highly competent lawyers waiting for the right opportunity to stuff HM government and the Opposition with HRA.

Grayling has succeeded in pissing-off most sections of the legal profession and, as you say, BB, a hard core of highly-competent legal professionals are simply waiting for the right opportunity to stuff H.M. Government and H.M. Opposition with the Human Rights Act 1998. However, I don't think they'll stop there. I wouldn't be surprised if they find they are on a roll and stuff ATOS, Capita, G4S, Liberata, Serco and all the other corporate and tax-dodging parasites who fleece the taxpayer for an encore.

[bizzybob]

Re: Attachment of earnings

Grayling has succeeded in pissing-off most sections of the legal profession and, as you say, BB, a hard core of highly-competent legal professionals are simply waiting for the right opportunity to stuff H.M. Government and H.M. Opposition with the Human Rights Act 1998. However, I don't think they'll stop there. I wouldn't be surprised if they find they are on a roll and stuff ATOS, Capita, G4S, Liberata, Serco and all the other corporate and tax-dodging parasites who fleece the taxpayer for an encore.

Perhaps they could start by checking cases coming through the Pro Bono Centre to look for a HRA breach that can be made to stick in the cases.

[messycess]

Re: Attachment of earnings

the councils reply:-


Thank you for your email dated 23 January 2014 regarding your request for personal information which has been passed on to me to deal with.

The legislation which allows for individuals to access their personal information is the Data Protection Act 1998 - it also allows the Data Controller (in this case Kettering Borough Council) to charge a maximum fee of £10 which goes some way towards the costs involved in locating, extracting and copying the information. The relevant part of the legislation which relates to fees is Section 7(2)(b) of the Data Protection Act 1998. For ease of reference I have provided a link to the relevant section:

http://www.legislation.gov.uk/ukpga/1998/29/section/7

The following link takes you to the Information Commissioner's website and provides you with advice and assistance when making requests for personal information:

http://ico.org.uk/for_the_public/personal_information

As far as I am aware there is no provision in any other legislation which allows access to personal information without charge, whether the information is required for legal purposes or not. If you wish to continue with your enquiry, please provide as much information as you can in order that we may locate and extract the precise information you require. I note below you have given a good outline of the information required however it would greatly assist us if you were able to provide us with any of your previous addresses or account numbers to which you refer. I am able to accept your email below as a request, in conjunction with any address/account number information you can provide. You will also need to forward your cheque for the sum of £10 made payable to Kettering Borough Council and marked for my attention. Once I have received these items I will then be in a position to proceed with your enquiry.

Under the legislation we have 40 calendar days to respond to you however we do aim to reply as soon as possible. I will write to you to confirm when the information is ready and we will require you to call into the Municipal Offices to collect the documents, bringing with you 2 forms of identification.

I trust this clarifies the Council's position regarding this matter.

[bluebottle]

Re: Attachment of earnings

Perhaps they could start by checking cases coming through the Pro Bono Centre to look for a HRA breach that can be made to stick in the cases.

Good idea, BB. At least, then, it gives leverage and a stick to beat public authorities with.

[bluebottle]

Re: Attachment of earnings

the councils reply:-


Thank you for your email dated 23 January 2014 regarding your request for personal information which has been passed on to me to deal with.

The legislation which allows for individuals to access their personal information is the Data Protection Act 1998 - it also allows the Data Controller (in this case Kettering Borough Council) to charge a maximum fee of £10 which goes some way towards the costs involved in locating, extracting and copying the information. The relevant part of the legislation which relates to fees is Section 7(2)(b) of the Data Protection Act 1998. For ease of reference I have provided a link to the relevant section:

http://www.legislation.gov.uk/ukpga/1998/29/section/7

The following link takes you to the Information Commissioner's website and provides you with advice and assistance when making requests for personal information:

http://ico.org.uk/for_the_public/personal_information

As far as I am aware there is no provision in any other legislation which allows access to personal information without charge, whether the information is required for legal purposes or not. If you wish to continue with your enquiry, please provide as much information as you can in order that we may locate and extract the precise information you require. I note below you have given a good outline of the information required however it would greatly assist us if you were able to provide us with any of your previous addresses or account numbers to which you refer. I am able to accept your email below as a request, in conjunction with any address/account number information you can provide. You will also need to forward your cheque for the sum of £10 made payable to Kettering Borough Council and marked for my attention. Once I have received these items I will then be in a position to proceed with your enquiry.

Under the legislation we have 40 calendar days to respond to you however we do aim to reply as soon as possible. I will write to you to confirm when the information is ready and we will require you to call into the Municipal Offices to collect the documents, bringing with you 2 forms of identification.

I trust this clarifies the Council's position regarding this matter.

What they have said is not entirely correct. The charge is not mandatory, meaning a data subject is not legally-compelled to pay the amount. Where a lot of information is required via an SAR, the provision exists to enable the data controller to cover the cost of reproducing and posting the information to the data subject. However, the provision is open to abuse and is abused by companies and organisations who see it as a revenue stream and profit centre, as opposed to covering their out-of-pocket expenses.

In civil cases, the disclosure requirements of the Civil Procedures Rules 1998 supersede the Data Protection Act 1998.

I would pay the £10 to Kettering Borough Council just to humour them. If the opportunity then arises to reclaim it from them, do so.

[CleverClogs]

Re: Attachment of earnings

In my view it is not subject to the Data Protection Act as you are asking for information they have used for Liability Orders. I would fight them over this as I have not heard of 1 other Council who have done this. If necessary engage your local Councillor(s).

And, as you now know, Kettering Borough Council has decided to play at Silly Buggers.

Tell your elected councillors about this, as well as your MP. Find who they are at https://www.writetothem.com
Unfortunately, your MP is a Tory and your councillors may also be.

You nay also find the following pages useful:
http://www.kettering.gov.uk/info/200...anagement_team CEO David Cook, who is as bald as an egg
email - davidcook@kettering.gov.uk telephone - 01536 534305
http://www.kettering.gov.uk/info/200...agement_team/2 Head of Finance Martin Hammond, who has a comb-over
email - martinhammond@kettering.gov.uk telephone - 01536 534210
http://www.kettering.gov.uk/info/200...agement_team/3 Head of Debt Management Graham Soulsby, who seems to wear a toupee.
email - grahamsoulsby@kettering.gov.uk telephone - 01536 532413

[bizzybob]

Re: Attachment of earnings

"http://www.kettering.gov.uk/info/200...anagement_team CEO David Cook, who is as bald as an egg" do you mean he could be mistaken for a bailiff in the street?

[CleverClogs]

Re: Attachment of earnings

"http://www.kettering.gov.uk/info/200...anagement_team CEO David Cook, who is as bald as an egg" do you mean he could be mistaken for a bailiff in the street?

Not really.

He looks too intelligent.

[bizzybob]

Re: Attachment of earnings

Not really.

He looks too intelligent.

Appearances can be deceptive

[messycess]

Re: Attachment of earnings

So would it be worth sending the email I posted in #25 and CC it to all of them relying on the fact it is information that THEY have used against me?

I simply want to know the amounts I owe the council and compare it to the AOE's I've been paying.

I have also emailed jacops template letter 1 from the usefull letters. To which I have had no reply as of yet.

[messycess]

Re: Attachment of earnings

Right so the reply from jacobs shows only visit fees have been added.

However account ****1 and account ****2 have both been charged for the same visits.

On june 28 at 10:23 both accounts have visit fee 1 and on july 3 12:32 both accounts have visit fee 2, by the same bailiff.

Can they do this?

[ploddertom]

Re: Attachment of earnings

Are you saying you have been charged 2 x £24-50 & 2 x £18-00?

[messycess]

Re: Attachment of earnings

Yes ploddertom i am 1 charge on each seperate account

[ploddertom]

Re: Attachment of earnings

In that case they are wrong. The LGO that criticised Blaby Council had this to say at para 47-

"47. I am issuing this report in the public interest because the practice of bailiffs’
‘double charging’ for visits is not uncommon. These bailiffs were acting on behalf
of the Council and it was within the Council’s control to contractually curb
excessive charges by the bailiffs. I would expect local authorities and their agents
to consider the reasonableness of their practice in this area in future and I am
pleased that this Council has now done so."

Similarly the Focus Report issued by the LGO in November 2012 was also critical of this practice.

Time to wind the Council up.

[messycess]

Re: Attachment of earnings

Thanks ploddertom ill draft up a letter when i get home and post it on here before i send it.

Ill also send it to those (at kettering borough council) that cleverClogs mentioned.