FOI Request - Bailiff Indemnities

Request 101002358644

1. Does your enforcement agent contract allow your enforcement agents to issue an indemnity against prosecution for themselves without the prior 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 didnt 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 ?

thank you for your public concern in answering these questions asap.

8.before a seizure of a persons assets do you make sure under human rights act that the bailiff has done a fair and balanced test with regards to whether the seizure is in the favour of the public interest

Clarification requested 23-12-2019: Moray Council does not use bailiffs. We do however employ a debt collector who will, if instructed, endeavor to recover housing, council tax and sundry (including parking) debts using a variety of methods including the use of Sheriff Officers. Can you please advise if you require a response to your request in relation to this debt collection arrangement?

Amended request:  Please continue to answer if you allow your debt collectors to seize assets.
If they are not allowed to seize assets then you have no need to answer

Response 28-01-2020

Moray Council employs a firm of Sheriff Officers to enforce payment of debts due to the Council.

It closely monitors the actions of this firm to ensure that they are of the highest standard.

The law of Scotland does not permit Sheriff Officers to enter a domestic dwelling to seize goods unless an exceptional attachment order had previously been granted by a Sheriff at a hearing in a Sheriff Court.  By its nature any such hearing will ensure that a debtor's rights and interests are fully protected and the council would ensure that it is appropriate to take such action prior to permitting such an action to proceed to a hearing.