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.