Issue - meetings

Irrecoverable Items

Meeting: 05/03/2014 - Cabinet (Item 9)

9 Irrecoverable Items pdf icon PDF 26 KB

Decision:

That the items set out in Appendix B to the report be considered irrecoverable for the reasons stated and be written off.

 

Minutes:

In the absence of Councillor Stubbs, portfolio holder for Finance and Budget Management, the Council’s Executive Director for Resources and Support Services, Kelvin Turner introduced a report explaining how there were occasions when, following the issue of accounts for amounts due to the council, it was considered the debt was no longer able to be collected. This could be for a variety of reasons, normally following from the debtor having been subjected to insolvency proceedings or other legal processes in respect of their debts or even the death of a debtor. There was then no further redress to recover the outstanding amounts and it was necessary to write off the outstanding balances from the council’s records.

 

Appendices were submitted setting out collection procedures and a list of recoverable items. It was reported that the appendices contained exempt information as defined in paragraphs 1 and 3 of Schedule 12A of Part I of the Local Government Act 1972, and were therefore not for publication. In the event of the discussion taking a course where it was likely that exempt information would be disclosed, it would be necessary for the Cabinet to exclude the press and public from the meeting.

 

It was noted that where limited companies which became insolvent, the law allowed those holding directorships and similar positions within them to start up similar businesses almost immediately, unencumbered by the debts of the previous organisation, and this was considered a legal loophole when efforts were made to recover the debts owed by those companies.

 

Resolved:-              That the items set out in Appendix B to the report be

considered irrecoverable for the reasons stated and be written off.