Marston Bailiff loses certificate in EAC2 complaint

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jasonDWB
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#1 Marston Bailiff loses certificate in EAC2 complaint

Post by jasonDWB » 24 May 2016 15:14

On May 19th at Worcester County court, a Marston bailiff Darren Tombs had his certificate suspended.

Mr. Tombs was instructed to recover a court fine but instead attended the address of the debtors step father and threatened him with enforcement action and obtained a money transfer of £870 being £560 fine and £310 fees. This resulted in the complainant contacting me as a private client.

The client made an EAC2 complaint and the bailiff was deemed unfit to hold a certificate and has been made to undergo extensive retraining in the Schedule 12 enforcement procedure before being allowed his certificate back.

The court ordered the sum of £1170 to be made over to my client from Mr. Tombs certificate bond. This consists of £870 and £300 compensation.

Marston assigned two solicitors to defend Mr Tombs, and their defence was that by ordering him to pay my client his money back will benefit the debtor his son in law. The court dismissed that argument and has to bear the cost of their two solicitors.

The noteworthy point here is the operation of Paragraph 6 of Schedule 12 which, upon payment of the amount outstanding, the debtor's goods cease to be bound, thereby nullifying the enforcement power of the warrant of control.

Marston had already paid the fine into Court and now, without an enforcement power, is unable to recover it from the debtor.

I will apply to the court for the case to be a reported case. It can be followed in circumstances where bailiffs exercise enforcement contrary to the operation of Paragraph 10 of Schedule 12 and extinguishes the debt at the bailiffs expense.
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#2 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Pote Snitkin » 24 May 2016 16:31

That's actually more than he originally sought, looking at the thread. What about costs?
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#3 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Mark1960 » 24 May 2016 17:15

I've never seen the sense in an ECA2 myself. Whilst there is greater protection these days, from an award of costs against, I'll guarantee that the other side will still apply for them if the case fails.

In this case, £300 has been awarded, however there was a risk of a 2-3K costs order if the case failed.

Surely the best way forward would be small claims, where the risks are far less and the damages likely to be higher than £300?

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#4 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by jasonDWB » 24 May 2016 17:33

He didn't even ask for any money or costs. It was just a simple complaint about his fitness to hold a certificate on the grounds of demonstrating an obvious lack of knowledge of the schedule 12 procedures.

The award was made entirely under the court's own motion.

Where is his thread?

I was contacted by phone but he didn't mention about being on the forum.

I prepared him a small claim kit and he reused the material to make an EAC2
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#5 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Mark1960 » 24 May 2016 17:51

Yes, it was his call. I know a lot of people are aggrieved and want revenge. I look at the bigger picture and think that if you want to go down that road, you minimise the risk and maximise the potential of an award. As you say, he wasn't even asking for any money.

What was the point? Tombs is not a nice person, whether as a bailiff or a milkman or whatever. Depriving him of his certificate doesn't solve the problem, it just passes it on to another profession/industry.

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#6 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Pote Snitkin » 24 May 2016 18:45

jasonDWB wrote: Where is his thread?

I was contacted by phone but he didn't mention about being on the forum.
viewtopic.php?f=7&t=3524&p=48823

So how much did it cost him to take it to court, taking everything into account?
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

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#7 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by jasonDWB » 24 May 2016 20:31

Bringing an EAC2 doesn't cost anything.
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#8 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Pote Snitkin » 24 May 2016 20:53

I know that, but he must've paid for your services.
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

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#9 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by jasonDWB » 28 May 2016 12:22

He only paid me to draft his claim and statements for use in the small claims track.

He re-used the material to make an EAC2 complaint.
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