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FOI request (FOIR-163683869)
Bailiff indemnities
Requested Mon 23 December 2019
Responded Thu 23 January 2020Can you please answer under public interest using yes or no answers?
They will be contained within your code of ethics and your contracts or simply in any code of conduct. This is not a complaint against your council but research into how bailiffs can be a law unto themselves if not watched.
1. Does your enforcement agent contract allow your enforcement agents to issue an indemnity against prosecution for themselves without the agreement of the council in cases where they have wrongfully seized when the customer is identifiably vulnerable?
2. Have you ever allowed bailiffs to make their own settlement agreements where goods have to be returned after 3 months?
3. Would you allow enforcement agents to breach the equalities act by achieving a gain whilst someone is under mental health treatment if it meant your business rates were collected, even if they didn't inform you?
4. How would you react if they did this without you knowing?
5. Would you class a secret indemnity kept from the council which achieves a gain at the cost to the vulnerable victim a material breach of contract?
6. Must enforcement agents always report failed levies and a full report when dealing with vulnerable customers?
7. Would you employ enforcement agents that have fraudulently concealed information that could cause litigation to the council or serious damage to a protected party in the past?
Response
PARKING
Q1 - No
Q2 - No
Q3-5 N/A
Q6 - No
Q7 - No
REVENUES AND BENEFITS
Q1 - No
Q2 - No
Q3 - No
Q4 - Remind them of their obligations
Q5 - Yes
Q6 - Yes
Q7 - No
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