DCBL loses £1350 exempt goods case.

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jasonDWB
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#1 DCBL loses £1350 exempt goods case.

Post by jasonDWB » 11 Jul 2016 15:32

Unfortunately, it is county court, but a claim brought against DCBL resulted in an order to return an exempt vehicle.

DCBL are now out of time to appeal because 21 days has lapsed.

The car was returned damaged and the bailiff company attempted to get the client to sign a disclaimer. A separate claim is now underway.

The judge slammed DCBL in court saying "they cannot take away a mans livelihood"

Swindon County Court.

Mr Brownleg was the bailiff. He has an EAC is coming up. That is now three (that I know about) he has to defend.

A personal injury claim is well underway and DCBL has to pay costs. The award itself is yet to be decided.



Noteworthy points:
  • 1. The £1350 is an aggregate of exempt goods, but the car was the only exempt goods. By taking it did not provide an aggregate of £1350 of exempt goods remaining with the debtor and failed on regulation 4(1)(a) of the TCGR's 2013. The bailiff company was ordered to deliver the car back to the client.

    2. The creditor only has vicarious liability if they are aware of the nature of the enforcement steps being taken by enforcement agents acting under its authority.
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