Information held/advice given
- The name of the person who led the Gazette to publish the untrue words which describe me as a ‘Bankrupt’ and a ‘Debtor’
- Please provide the details of the substantiation which The Gazette would need in order to publish these words against my name
- Please provide the evidence with mathematical figures which each validate the statements of the words ‘Bankrupt’ and ‘Debtor’ to apply to my name
- Please provide the name and address of the Creditor described in connection with my name
Thank you for your enquiry of 14th August 2015.
Your request has been handled under the Freedom of Information Act 2000 (FOIA).
I can confirm that The National Archives holds some information relevant to your request and we are pleased to be able to provide this information to you. Your questions have been answered below in numerical order.
1. The name of the person who led the Gazette to publish the untrue words which describe me as a ‘Bankrupt’ and a ‘Debtor’
The Gazette is the official public record and serves as an authoritative source of news; publishing business critical information and official legal notices for government. The Gazette is published by TSO (The Stationery Office), on behalf of The National Archives, following external procurement.
The following notice was placed by the Insolvency Service from their offices in Birmingham. All notices are co-ordinated by the Insolvency Service and are submitted electronically via an XML feed. The content of the notice gives the email address for the Insolvency Service’s Official Receiver in Croydon – this would seem to indicate that the notice originated from their offices.
The following two notices were placed by the Courts Advertising Agency (http://www.courts-advertising.co.uk/services.asp). They are an intermediary who place notices for Insolvency Practitioners. The Insolvency Practitioner listed in the notices is Lynn Gibson (IP number 6708) of Gibson Hewitt LLP. Contact details are provided in the notice content, and are therefore in the public domain.
https://www.thegazette.co.uk/notice/L-60116-1571669 and https://www.thegazette.co.uk/notice/L-60195-1619683
2. Please provide the details of the substantiation which The Gazette would need in order to publish these words against my name
Our Contractor, The Stationery Office, validates notice placers according to the terms and conditions set out in our contract with them. This is available online at: http://data.gov.uk/data/contracts-finder-archive/contract/749253/.
Our Contractor’s terms and conditions for notice placers are in the public domain (https://www.thegazette.co.uk/place-notice/terms-and-conditions) and state clearly that notice placers are responsible for ensuring the accuracy of the notice content. The relevant sections are as follows:
Under section 4:
For the avoidance of doubt, the Advertiser agrees and accepts that, subject to the limited rights to edit any Notice referred to above, it is the Advertiser that shall be solely responsible for the content of any Notice, including its validity and accuracy and that the Publisher shall not be responsible for, nor shall have any liability in respect of such content in any way whatsoever.
Under section 5:
The Advertiser must satisfy itself as to the legal, statutory and/or procedural requirements and accuracy relating to any Notice.
All advertisers have to accept the terms and conditions before they can place a notice.
Our Contractor checks that the notice placer has the authority to place the type of notice that they are placing. The Insolvency Service is a Government Agency of the Department for Business, Innovation and Skills, with the official responsibility for administering bankruptcy and debt relief orders. This gives them the authority to place insolvency notices. Courts Advertising Agency is a specialist legal and public notice advertising agency who place insolvency, bankruptcy, debt recovery and petitions notices for their clients (Insolvency Practitioners). Our Contractor validated Courts Advertising Agency through a company check via Companies House, and by checking their terms and conditions to ensure that their adhere to the ASA code of practice. In order to place statutory advertisements Courts Advertising Agency have to be a member of the News Media Association, and our Contractor also checked that they are registered.
3. Please provide the evidence with mathematical figures which each validate the statements of the words ‘Bankrupt’ and ‘Debtor’ to apply to my name
We do not hold this information.
4. Please provide the name and address of the Creditor described in connection with my name
We do not hold this information.
If you are dissatisfied with the handling of your request or the decision which has been reached, you have the right to ask for an internal review. Internal review requests must be submitted within two months of the date of this response and should be addressed to:
Public Services Development Unit
The National Archives
Please mark your complaint clearly. You have the right to ask the Information Commissioner (ICO) to investigate any aspect of your complaint. However, please note that the ICO is likely to expect internal complaints procedures to have been exhausted before beginning his investigation.