Re: EA Action and Attachment of Earnings
I forwarded you one Wombats didn't I, so you had the original from the 'horse's mouth'.
I hardly ever do FOI's through Whatdotheyknow, as I think it does affect the responses you get as it is known immediately it will be public, and often I go back and forth a few times clarifying what it is I need. Most FOI's are published within a month or so of them being sent out on the relevant authorities websites so that's a useful back up. I can't imagine why anyone would want to 'doctor' a response on something that is so easily checkable ( I just sent the pasted FOI response to the authority and asked them to confirm it was genuine and they came back to me within a couple of days )
I forwarded you one Wombats didn't I, so you had the original from the 'horse's mouth'.
I hardly ever do FOI's through Whatdotheyknow, as I think it does affect the responses you get as it is known immediately it will be public, and often I go back and forth a few times clarifying what it is I need. Most FOI's are published within a month or so of them being sent out on the relevant authorities websites so that's a useful back up. I can't imagine why anyone would want to 'doctor' a response on something that is so easily checkable ( I just sent the pasted FOI response to the authority and asked them to confirm it was genuine and they came back to me within a couple of days )
From: FreedomofInformation@slough.gov.uk
To: admin@legalbeagles.info
Date: Tue, 2 Dec 2014 10:03:14 +0000
Subject: RE: FAO Carolyn Szadura FOI request response confirmation
Ms Coleman
Please find below the requested information, Regards, SBC FOI Officer.
Question
Dear sir/madam,
This is a Freedom of Information request regarding Council Tax arrears and Enforcement Agent Fees.
I have seen information that should a liability order be made against a debtor and the account has been passed to an Enforcement Agent; and should the debtor then pay the amount stated on the Liability Order only (not EA fees) direct to the council, whether in person or online, then your council will deduct from this payment any EA fees incurred to that point and pass them on to the EA, thus leaving the account still in arrears.
Please can you direct me to the relevant legislation that compels your council to do this, specifying the exact passage of legislation that you follow?
Yours sincerely,
Response
I refer to your emailed request under the Freedom of Information Act regarding Enforcement Agent Fees.
I can confirm that once an outstanding Council Tax charge (where a liability order has been issued by the Magistrates Court) has been sent to an Enforcement Agent, the Enforcement Agent will add their fees to the debt in accordance with the regulations that govern their actions and fees.
It is normal practice that cases that have been passed to the Enforcement Agent will be directed to them to make payment or to discuss payment of the outstanding balance.
If, however, a payment is made directly to the Council without payment of the Enforcement Agent fees, the Council will notify the Enforcement Agent of the receipt of the direct payment and the revised balance with the Council. The Enforcement Agent will then arrange for payment of any remaining balance and their fees directly with the customer.
Occasionally, the Council has received direct payment from customers for the total of their outstanding Council Tax debt plus the fees of the Enforcement Agent. In these circumstances, the Council Tax account would be in credit to the value of the Enforcement Agent fees, and so the Council would send payment of the fees to the Enforcement Agent. This is a rare occurrence.
If you are dissatisfied with the handling of your request you can ask for a review of your reply. To request a review please contact the Freedom of Information Officer at Slough Borough Council, St Martin’s Place, 51 Bath Road, Slough, Berkshire, SL1 3UF, telephone 01753 875070, email foi@slough.gov.uk
For further information you can also contact the Information Commissioner at:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF,
Telephone: 0303 123 1113, or www.ico.gov.uk.
Regards
To: admin@legalbeagles.info
Date: Tue, 2 Dec 2014 10:03:14 +0000
Subject: RE: FAO Carolyn Szadura FOI request response confirmation
Ms Coleman
Please find below the requested information, Regards, SBC FOI Officer.
Question
Dear sir/madam,
This is a Freedom of Information request regarding Council Tax arrears and Enforcement Agent Fees.
I have seen information that should a liability order be made against a debtor and the account has been passed to an Enforcement Agent; and should the debtor then pay the amount stated on the Liability Order only (not EA fees) direct to the council, whether in person or online, then your council will deduct from this payment any EA fees incurred to that point and pass them on to the EA, thus leaving the account still in arrears.
Please can you direct me to the relevant legislation that compels your council to do this, specifying the exact passage of legislation that you follow?
Yours sincerely,
Response
I refer to your emailed request under the Freedom of Information Act regarding Enforcement Agent Fees.
I can confirm that once an outstanding Council Tax charge (where a liability order has been issued by the Magistrates Court) has been sent to an Enforcement Agent, the Enforcement Agent will add their fees to the debt in accordance with the regulations that govern their actions and fees.
It is normal practice that cases that have been passed to the Enforcement Agent will be directed to them to make payment or to discuss payment of the outstanding balance.
If, however, a payment is made directly to the Council without payment of the Enforcement Agent fees, the Council will notify the Enforcement Agent of the receipt of the direct payment and the revised balance with the Council. The Enforcement Agent will then arrange for payment of any remaining balance and their fees directly with the customer.
Occasionally, the Council has received direct payment from customers for the total of their outstanding Council Tax debt plus the fees of the Enforcement Agent. In these circumstances, the Council Tax account would be in credit to the value of the Enforcement Agent fees, and so the Council would send payment of the fees to the Enforcement Agent. This is a rare occurrence.
If you are dissatisfied with the handling of your request you can ask for a review of your reply. To request a review please contact the Freedom of Information Officer at Slough Borough Council, St Martin’s Place, 51 Bath Road, Slough, Berkshire, SL1 3UF, telephone 01753 875070, email foi@slough.gov.uk
For further information you can also contact the Information Commissioner at:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF,
Telephone: 0303 123 1113, or www.ico.gov.uk.
Regards
Comment