SDC’s Fiduciary Duty

SDC employ Stanford and Green and Equita as their bailiffs [enforcement agents] for non-payment of Council Tax. It would appear after seeing quite a few emails sent by Stanford and Green to Shepway Residents that they are asking for people who have received the bailiffs notices to contact them and set up a payment plan. This they CANNOT DO as it breaches their fiduciary duties.

Fiduciary duties  are spread out, being found within the wider of law of trusts, accounting and financial administration; they also exist at common law and in employment law (with respect to what is expected of certain office holders) but are also be found in local government law  which is statutory and subject to checking by the auditor.  In essence they boil down to a responsibility to handle money which is not your own but belongs to someone else – a beneficiary, a client, a taxpayer – in a correct, lawful and responsible manner.

SDC cannot and must not Delegate powers to a third party; which it appears they may have well done in the many emails I have seen – such as a bailiff Stanford & Green bailiffs and purporting to exercise no control – this is a breach and would clearly be unlawful and subject to Judicial Review.

If you have a debt with SDC due to non-payment of Council Tax [now the NO 1 debt problem in the UK], then you need to talk to them about any monies you may wish to pay, not Stanford & Green. Alternatively you can speak to the local CAB  Shepway CAB, or Council Tax Advisors

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