Marston Bailiff loses certificate in EAC2 complaint

Post Reply
User avatar
Schedule 12
Posts: 13499
Joined: 30 Jul 2012 21:23
Location: SW1
Contact:

#1 Marston Bailiff loses certificate in EAC2 complaint

Post by Schedule 12 » 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.
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

User avatar
Pote Snitkin
The Watcher
Posts: 6781
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#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?
http://www.huffingtonpost.co.uk/entry/h ... 50540e5a3d - False alarm, it wasn't him. Maybe next time.

Mark1960
Posts: 3813
Joined: 20 Mar 2013 11:36

#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?

User avatar
Schedule 12
Posts: 13499
Joined: 30 Jul 2012 21:23
Location: SW1
Contact:

#4 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Schedule 12 » 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
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

Mark1960
Posts: 3813
Joined: 20 Mar 2013 11:36

#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.

User avatar
Pote Snitkin
The Watcher
Posts: 6781
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#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?
http://www.huffingtonpost.co.uk/entry/h ... 50540e5a3d - False alarm, it wasn't him. Maybe next time.

User avatar
Schedule 12
Posts: 13499
Joined: 30 Jul 2012 21:23
Location: SW1
Contact:

#7 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Schedule 12 » 24 May 2016 20:31

Bringing an EAC2 doesn't cost anything.
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

User avatar
Pote Snitkin
The Watcher
Posts: 6781
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#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.
http://www.huffingtonpost.co.uk/entry/h ... 50540e5a3d - False alarm, it wasn't him. Maybe next time.

User avatar
Schedule 12
Posts: 13499
Joined: 30 Jul 2012 21:23
Location: SW1
Contact:

#9 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Schedule 12 » 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.
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

Wybmadiity
Posts: 3
Joined: 08 Feb 2018 22:16

#10 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Wybmadiity » 08 Feb 2018 22:28

Hello, new here and hoping someone can help me.

I am disabled, and have today endured the very unpleasant experience of this man crashing into my home. To cut a long story short, he has intimidated me and lied in order to obtain payment of almost £400. I was unable to pay, therefore a friend did, although this was for a matter that had been initially appealed and the only communication I have had since was the visit today.

I was home alone when this happened, am clearly disabled, yet when I informed him I am vulnerable I was ignored. They also shouted up and down the street outside my door.

I desperately need some help to get this money back, and stop this person bullying anyone else.

Apologies for typos or if I'm slow, only have my phone and a lot of pain in my arms.

Many thanks

User avatar
Schedule 12
Posts: 13499
Joined: 30 Jul 2012 21:23
Location: SW1
Contact:

#11 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Schedule 12 » 09 Feb 2018 11:04

What kind of debt was it? We can give you the remedy.

For your injury, you must act quickly: Here is how: http://www.dealingwithbailiffs.co.uk/As ... iliffs.htm
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

User avatar
Pote Snitkin
The Watcher
Posts: 6781
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#12 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Pote Snitkin » 09 Feb 2018 12:34

I don't think there was an injury. Taking into account the amount and that it's being appealed, I'd guess it was a parking or traffic fine.

More info is needed of what actually happened - the OP can ask to be moved to member's if they want privacy.
http://www.huffingtonpost.co.uk/entry/h ... 50540e5a3d - False alarm, it wasn't him. Maybe next time.

Wybmadiity
Posts: 3
Joined: 08 Feb 2018 22:16

#13 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Wybmadiity » 09 Feb 2018 13:32

I didn't realise there was a way of making it private, yet please if that's possible then I can give the full story

Wybmadiity
Posts: 3
Joined: 08 Feb 2018 22:16

#14 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Wybmadiity » 09 Feb 2018 19:08

"More info is needed of what actually happened - the OP can ask to be moved to member's if they want privacy"

Sorry not sure how it works here, could someone please inform me how I do this? Many thanks

User avatar
Pote Snitkin
The Watcher
Posts: 6781
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#15 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Pote Snitkin » 09 Feb 2018 19:24

Amy, can you move this to member's? I think the OP doesn't want info on the open boards.
http://www.huffingtonpost.co.uk/entry/h ... 50540e5a3d - False alarm, it wasn't him. Maybe next time.

Wybmadiity
Posts: 3
Joined: 08 Feb 2018 22:16

#16 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Wybmadiity » 09 Feb 2018 19:26

Thank you

Wybmadiity
Posts: 3
Joined: 08 Feb 2018 22:16

#17 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Wybmadiity » 09 Feb 2018 21:30

Very sorry if this is a daft question, where do I post now? I live alone with my children, this has really shaken me up and I need to get this money back. Thank you

User avatar
Schedule 12
Posts: 13499
Joined: 30 Jul 2012 21:23
Location: SW1
Contact:

#18 Re: Marston Bailiff loses certificate in EAC2 complaint

Post by Schedule 12 » 09 Feb 2018 23:08

I haven't seen your grounds but a claim on a form N1 is how it's done. Here is more. http://www.dealingwithbailiffs.co.uk/Co ... edure.html
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

Post Reply