Attachment of earnings

[messycess]

Re: Attachment of earnings

So this is the reply i have had from council after my request of information:-

The Data Protection Act 1998 aims to promote high standards in the handling of personal information, and to protect the individual's right to privacy.
If someone wishes to have a copy of their information that is held by the Council they must submit a Subject Access Request. There is a £10.00 charge for this request.

You can complete an online application form to request the information you require,

never expected a charge for it

[ploddertom]

Re: Attachment of earnings

What have you actually asked for?

[messycess]

Re: Attachment of earnings

I asked all for all 8 points mentioned in post #2 for the last 5 years. it was sent via email and the reply was sent to me via email too.

[ploddertom]

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).

[bluebottle]

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).

I totally agree with you, PT. The OP needs to emphasise the information is required for the purposes of obtaining legal advice and establishing, exercising and defending their legal rights. In these circumstances, it does not amount to a request under Section 7, Data Protection Act 1998, IMHO.

[messycess]

Re: Attachment of earnings

Right OK thanks guys

I will draft a letter and put it on here once the kids are asleep. Maybe one of you could have a read through before I send it?



The reason I want the information is to see what I actually owe the council and see how much (if any) charges have been added by bailiffs.

Would it be worth mentioning this in the letter?

Also is there a specific clause in the data protection act I can rely on as to not having to pay this fee?

[bizzybob]

Re: Attachment of earnings

No they must provide this information, and IMO are being obstructive saying it is subject to SAR

[messycess]

Re: Attachment of earnings

In reply to your email dated 22/01/2014 ref: 4666.

In my view, the request i have made is not subject to the data protection act as i am asking for information you have used for liability orders against me.

In these circumstances it does not amount to a request under section 7, data protection act 1988.

I hope to receive a prompt and accurate reply including all information requested in my original email.

Yours,

[bluebottle]

Re: Attachment of earnings

To the best of my knowledge and belief, the information you require relates to a legal matter and, as such, the council should not be asking you pay for such information.

As an aside, local authorities are subject to the Human Rights Act 1998 and the European Convention on Human Rights (ECHR). The Convention Rights are inalienable, meaning they cannot be taken away from you, and inviolate, which means they cannot be breached. The Contracting-Out Regulations which allow local authorities to contract-out their functions to private-sector companies, means that those private-sector companies are also subject to the Act. This is because they are deemed to be "public authorities" along with government agencies and departments and local authorities. And this means that if they breach your Convention rights, they are acting unlawfully (Section 6). This can be useful when dealing with local authorities and their contractors who are behaving like morons. They don't like being reminded of their need to comply, but comply they must.

Hope this information is useful. The Act together with the Convention Rights is at http://www.legislation.gov.uk/ukpga/1998/42/contents

[messycess]

Re: Attachment of earnings

This is my final draft ( had trouble using copy and paste earlier sorry)

Hi,

In regard to your email received on 22/01/2014 ref: 4666.


In my view, the request I have made is not subject to the data protection act as I am asking for information you have used for liability orders against me.


This information is required for the purposes of obtaining legal advise and establishing, exercising and defending my legal rights. The information relates to a legal matter and, as such, I believe kettering borough council should not be asking me to pay for such information.





In these circumstances, it does not amount to a request under section 7, data protection act 1998.


I look forward to a prompt and accurate reply including all information requested in my original email.


Yours,

Do we think this will achieve the

[messycess]

Re: Attachment of earnings

* do we think this will achieve the desired effect?

Thankyou bluebottle, your information is as always very use full.

Do you think i should await their reply before reminding them of the human rights act? Or squeeze a little mention of it into this draft? :-)

[bluebottle]

Re: Attachment of earnings

Try something along these lines -

"Dear Sirs,

Re.: Your email - Ref: 4666

I refer to the email at reference which I received 22 January 2014.

In that email, you have claimed that the information I have requested is subject to a Subject Access Request under Section 7, Data Protection Act 1998 and, therefore, its disclosure and provision is subject to the payment of a fee.

The information I have requested relates to a legal matter and I can find no provision under the Data Protection Act 1998 or any other statutory provision which entitles Kettering Borough Council to charge a fee in such circumstances. In the absence of evidence from Kettering Borough Council of case or statute law confirming that it can charge a fee for information relating to a legal matter, I have to regard the demand made as unreasonable and not in accordance with current legislation.

Kettering Borough Council has 10 days from receipt of this communication in which to furnish the information I have requested in email of [date] or proof of case or statute law confirming legal correctness of the statement contained in its email dated [dated].

Yours faithfully,

..........."


Yours,

Hope this helps.

[messycess]

Re: Attachment of earnings

Absolutely fantastic !

The kind of no nonsense letter i required :-)

I will send it off first thing tomorrow morning and can only imagine the look of horror on the customer services' recipient face when they read it !

Thank you once agaim

[bluebottle]

Re: Attachment of earnings

The Liability Order hearings breach Article 6 of ECHR so any local authority not following the law to the letter is royally stuffed if an alleged Council Tax debtor takes them to court for breaching their ECHR rights. By virtue of Section 6, Human Rights Act 1998 it is unlawful for a public authority to act in a way which is incompatible with a Convention right. Article 6 of ECHR is the Right to A Fair Hearing/Trial. Believe it or not, it is the council who are running the show at a Liability Order hearing, not the court. They get quite upset when you blow the gaffe, threatening you with contempt, removal, etc..

The truth about Council Tax is becoming more widely-known and politicians - local and national - know this. They are cacking themselves because they know that, sooner or later, the people are going to turn on them. Trouble is, Grayling thinks he is so clever sticking the boot in the legal profession, he doesn't seem to realise he has engineered a situation where they will act pro bono and exact retribution upon him.

[bizzybob]

Re: Attachment of earnings

The Liability Order hearings breach Article 6 of ECHR so any local authority not following the law to the letter is royally stuffed if an alleged Council Tax debtor takes them to court for breaching their ECHR rights. By virtue of Section 6, Human Rights Act 1998 it is unlawful for a public authority to act in a way which is incompatible with a Convention right. Article 6 of ECHR is the Right to A Fair Hearing/Trial. Believe it or not, it is the council who are running the show at a Liability Order hearing, not the court. They get quite upset when you blow the gaffe, threatening you with contempt, removal, etc..

The truth about Council Tax is becoming more widely-known and politicians - local and national - know this. They are cacking themselves because they know that, sooner or later, the people are going to turn on them. Trouble is, Grayling thinks he is so clever sticking the boot in the legal profession, he doesn't seem to realise he has engineered a situation where they will act pro bono and exact retribution upon him.

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.