Marston bailiff ordered to pay at EAC2 complaint

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#1 Marston bailiff ordered to pay at EAC2 complaint

Post by Schedule 12 » 23 Jul 2016 20:29

A Marston bailiff who took over £800 from a debtor's father in law and lied about the true extent of his authority to take control of his debts for his son-in-laws fine.

The debtor did not live at the address, and naturally did not get a Notice of Enforcement.

The client made an EAC2 complaint based on a Schedule 12 analysis I prepared for him to be used in the small claims track.

The judge at Worcester combined court ordered bailiff, Mr Tombs to pay £870 he took from the complainant and a further £300 compensation, all to be drawn from the bailiffs certificate bond.

The noteworthy points are:
  • The bailiff was represented by two solicitors. One was a company solicitor and the other from an outside firm, and the combined cost would have made it more economical to settle the claim at the LBA stage than to take the risk with an EAC2 and pay for two solicitors.

    During the hearing, the Marston solicitor repeatedly praised how Marston is so honest and trustworthy in their approach to civil enforcement.

    The £300 compensation and £870 refund were made at the judge's discretion. The claimant did not ask for any money.

    The bailiff company solicitor made excuses when asked to show the bodycam footage, so the judge struck out the bailiffs defence. This can be re-used in future proceedings where bailiffs fail to show bodycam footage, It can be deployed to cause the judge to strike out a bailiffs defence.
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Author: dealingwithbailiffs.co.uk

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#2 Re: Marston bailiff ordered to pay at EAC2 complaint

Post by Pote Snitkin » 23 Jul 2016 20:34

jasonDWB wrote: The debtor did not live at the address, and naturally did not get a Notice of Enforcement.
But surely the NOE would've made it's way into the hands of the debtor eventually.....

:twisted:

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#3 Re: Marston bailiff ordered to pay at EAC2 complaint

Post by Schedule 12 » 23 Jul 2016 20:37

That is not what regulation 8 provides for. It says;


  • Method of giving notice and who must give it

    8.—(1) Notice of enforcement must be given—

    • (a)by post addressed to the debtor at the place, or one of the places, where the debtor usually lives or carries on a trade or business;

      (b)by fax or other means of electronic communication;

      (c)by delivery by hand through the letter box of the place, or one of the places, where the debtor usually lives or carries on a trade or business;

      (d)where there is no letterbox, by affixing the notice at or in a place where it is likely to come to the attention of the debtor;

      (e)where the debtor is an individual, to the debtor personally; or

      (f)where the debtor is not an individual (but is, for example, a company, corporation or partnership), by delivering the notice to—

      (i)the place, or one of the places, where the debtor carries on a trade or business; or

      (ii)the registered office of the company or partnership.


    (2) Notice must be given by the enforcement agent or the enforcement agent’s office.
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#4 Re: Marston bailiff ordered to pay at EAC2 complaint

Post by Pote Snitkin » 23 Jul 2016 20:46

No, no, no... Sheila and her chimp insist that as long as the NOE winds its merry way into the debtor's hands eventually then all is ok - and she is passionate about being accurate.

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#5 Re: Marston bailiff ordered to pay at EAC2 complaint

Post by Schedule 12 » 23 Jul 2016 20:57

On planet CAG things might be different.

That would never work in legal proceedings.
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Author: dealingwithbailiffs.co.uk

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