#bailiffs : Question for tomtubby renewal of certificate when changing employer

[hallowitch]

I do hope you don't mind me directing this question to you

 

If a bailiff is certificated to firm A and wants to change it to firm B can he still carry out distress for firm B while the process of renewing his certificate is lodged with the court

 

 

bailiff visit for company B 15th/3/ 2011

bailiffs certificate granted for company B 22/.3./2011.

I know there is only a week of a difference but it would be interesting to know how this works

as i understand it his bond would be cancelled with firm A when he left there employment

so to me this leaves him in no mans land between employers

 

 

[Tingy]

I'm not Tomtubby but look at point 3.2 here:

 

http://www.lacef.org.uk/documents/bailiffguidesept06.pdf

[tomtubby]

I do hope you don't mind me directing this question to you

 

If a bailiff is certificated to firm A and wants to change it to firm B can he still carry out distress for firm B while the process of renewing his certificate is lodged with the court

 

 

bailiff visit for company B 15th/3/ 2011

bailiffs certificate granted for company B 22/.3./2011.

I know there is only a week of a difference but it would be interesting to know how this works

as i understand it his bond would be cancelled with firm A when he left there employment

so to me this leaves him in no mans land between employers

 

 

 

Good question HW.

 

I have known of many bailiffs being severely told off in court for not advising the court of new employment. As you will see from the link kindly posted below by Tingy HMCS confirm that the bailiff is not committing an offence.

 

However, personally I have always had concerns at this particular guidance that was issued 5 years ago. Firstly, HMCS do not appear to be taking into consideration the fact that the bailiff would not have a new bailiff bond as that expires when he leaves his previous employment.

 

Also, as you will see from paragraph 5.6, the guidance is also WRONG in that Judges are in fact ordering costs to be paid by the person making the complaint and NOT paid by the security (ie: bailiff bond).

[welsh1]

Good question HW.

 

I have known of many bailiffs being severely told off in court for not advising the court of new employment. As you will see from the link kindly posted below by Tingy HMCS confirm that the bailiff is not committing an offence.

 

However, personally I have always had concerns at this particular guidance that was issued 5 years ago. Firstly, HMCS do not appear to be taking into consideration the fact that the bailiff would not have a new bailiff bond as that expires when he leaves his previous employment.

 

Also, as you will see from paragraph 5.6, the guidance is also WRONG in that Judges are in fact ordering costs to be paid by the person making the complaint and NOT paid by the security (ie: bailiff bond).

 

 

Sorry tomtubby,but i think you have read paragraph 5.6 wrong.

It is quite clear that the payment comes from the security(bond)

What if the bailiff is self employed and has his own certificate and bond,would he be able to just move between companies

 

At the hearing the judge may, whether the bailiffs certificate is cancelled or

not, make an order that the security is forfeit either wholly or in part and be

paid to the complainant as compensation. Similarly, the judge may direct that

any costs, fees and expense incurred by the court be paid from the security.

Where the judge orders forfeiture of security but does not cancel the bailiff’s

certificate an order may be made directing that fresh security be provided.