High Court: Bailiff refuses to show the writ revokes enforcement

Post Reply
User avatar
jasonDWB
Posts: 14798
Joined: 30 Jul 2012 21:23
Contact:

#1 High Court: Bailiff refuses to show the writ revokes enforcement

Post by jasonDWB » 03 Aug 2016 17:11

Yesterday, the High Court in London stopped the execution of a writ because the bailiff refused to show it to the debtor when requested.



The bailiff responded saying he did not need to show the writ.

The debtor contacted me, and I gave it to a solicitor who yesterday, applied to the High Court at the Strand in London, to stop the writ permanently.

The originating District registry was also concealed from the debtor, so the application was brought in Central London, which attracts a higher hourly rate for the representing solicitor.


The legal argument was:

Paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;
  • 26(1)The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of


    • (a)his identity, and

      (b)his authority to enter the premises.


    (2)The request may be made before the enforcement agent enters the premises or while he is there.
    The writ is court authority to enter premises.


Paragraph 26 is a component of that Schedule and you can bring an action under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which states;




  • 66(1)This paragraph applies where an enforcement agent—


    (a)breaches a provision of this Schedule, or

    (b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

    (2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

    (3)But the debtor may bring proceedings under this paragraph.

    (4)Subject to rules of court, the proceedings may be brought—

    • (a)in the High Court, in relation to an enforcement power under a writ of the High Court;

      (b)in a county court, in relation to an enforcement power under a warrant issued by a county court;

      (c)in any other case, in the High Court or a county court.


    (5)In the proceedings the court may—

    • (a)order goods to be returned to the debtor;

      (b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.







The bailiff, by refusing the show the writ also unwittingly revoked all the HCEO fees.

Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states;
  • These Regulations apply when an enforcement agent uses the Schedule 12 procedure.

The case continues at a further hearing to determine the damages to be paid in relation to the breach of Schedule 12.

The bailiff company is DCBL.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

Tuco
Posts: 1827
Joined: 29 May 2016 13:06

#2 Re: High Court: Bailiff refuses to show the writ revokes enforcement

Post by Tuco » 03 Aug 2016 17:30

Jason please.

The order was not granted because the bailiff refused to show the writ.

It doesn't matter why it was granted but it was not because the debtor wasn't shown the writ.

User avatar
jasonDWB
Posts: 14798
Joined: 30 Jul 2012 21:23
Contact:

#3 Re: High Court: Bailiff refuses to show the writ revokes enforcement

Post by jasonDWB » 03 Aug 2016 17:57

Are you talking about the same case.

There are plenty of DCBL going through at the moment.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

User avatar
Pote Snitkin
The Watcher
Posts: 6006
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#4 Re: High Court: Bailiff refuses to show the writ revokes enforcement

Post by Pote Snitkin » 03 Aug 2016 18:14

As this was the High Court does this set a precedent (president? :lol: )

Does this mean the EA must show the warrant?
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.

User avatar
jasonDWB
Posts: 14798
Joined: 30 Jul 2012 21:23
Contact:

#5 Re: High Court: Bailiff refuses to show the writ revokes enforcement

Post by jasonDWB » 03 Aug 2016 18:17

No precedent, it just means Paragraph 26(1)(b) means what is says.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

Tuco
Posts: 1827
Joined: 29 May 2016 13:06

#6 Re: High Court: Bailiff refuses to show the writ revokes enforcement

Post by Tuco » 03 Aug 2016 18:25

jasonDWB wrote:Are you talking about the same case.

There are plenty of DCBL going through at the moment.
Yes

User avatar
Pote Snitkin
The Watcher
Posts: 6006
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#7 Re: High Court: Bailiff refuses to show the writ revokes enforcement

Post by Pote Snitkin » 03 Aug 2016 19:35

jasonDWB wrote:No precedent, it just means Paragraph 26(1)(b) means what is says.
Well a clarification then. The EA must show a copy of the warrant.
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.

Tuco
Posts: 1827
Joined: 29 May 2016 13:06

#8 Re: High Court: Bailiff refuses to show the writ revokes enforcement

Post by Tuco » 03 Aug 2016 20:10

The point was that no authority to enter premises was produced when requested. There was no inquest as to what the "authority" curtailed.

This one has all the hallmarks of DCBL:

http://www.consumeractiongroup.co.uk/fo ... ost4931116

User avatar
Pote Snitkin
The Watcher
Posts: 6006
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#9 Re: High Court: Bailiff refuses to show the writ revokes enforcement

Post by Pote Snitkin » 03 Aug 2016 21:15

Tuco wrote: This one has all the hallmarks of DCBL:

http://www.consumeractiongroup.co.uk/fo ... ost4931116
You do realise that they're all going to think 'Stuco' is you?
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.

Tuco
Posts: 1827
Joined: 29 May 2016 13:06

#10 Re: High Court: Bailiff refuses to show the writ revokes enforcement

Post by Tuco » 03 Aug 2016 21:26

Pote Snitkin wrote:
Tuco wrote: This one has all the hallmarks of DCBL:

http://www.consumeractiongroup.co.uk/fo ... ost4931116
You do realise that they're all going to think 'Stuco' is you?
:lol: I didn't clock that. They have my IP's and I never bother with the proxy stuff. Hopefully even the CAG mods can work that one out.

Post Reply

Who is online

Users browsing this forum: No registered users and 1 guest