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A BAILIFF will have to apply for his licence again in six months after a court was told a 12-year-old girl was left in tears by a notice he left for her mother.
Marston bailiff Mark Scott had his licence revoked by Oxford County Court after a hearing at the end of March, following a complaint lodged by the girl’s father.
The incident happened when Mr Scott was trying to collect an unpaid TV licence debt of £78 dating back to 2002 from Teri Bur****ll in Coffee Hall on August 22, 2013.
Solicitor Molly Carson, representing the Bur****lls, told the court that when he knocked on the door, 12-year-old Chelsea, daughter of Teri, came to an upstairs window.
Mr Scott demanded Chelsea come downstairs, and gave her a note to pass onto her mother, on which he had written that if the debt was not paid by the end of that day, he would return with police ‘tonight’ and her mother would be arrested.
He wrote on the note: “Police will enter your property to arrest you and detain you in custody. Final warning, I will return with police tonight.”
Mr Scott claimed the girl answered the door when he knocked on it, and that there was no incident involving an upstairs window. Another note was left on September 4 when Mr Scott attended the property with two police officers.
The court heard the first letter was not sealed in a proper envelope, as it should have been, and that the alterations to the notice and the repeated use of the word “Police” had been made with an intention to cause alarm.
The fact this letter was handed to a 12-year-old girl was an aggravating feature, a judge ruled. The judge also said that his certificate would likely have been revoked even if this note had been handed to an adult.
The Bur****lls told the court they did not want Mr Scott’s licence to be revoked, but it was anyway. Court costs of £500 were also awarded to the complainant, which Ms Carson said her client may be appealing.
Russell Bur****ll, Chelsea’s father, said: “I’m annoyed and upset that someone can go up to a 12-year-old girl and think they can do this.”
Ms Carson said: “Most striking in this case is how difficult it is to take a complaint against a bailiff and how weighted it is in favour of the bailiff.”
The debt was paid around September 26.
Harbottle & Lewis LLP, on behalf of Marston, told MK News that this was an isolated incident, and that Marston ‘has a very good track record in its industry.’ They said Mr Scott had no intention to upset anyone, and had been advised that there are grounds for him to appeal. MK NEWS also spoke to Mr Scott, who declined to comment and referred us to Marston.
Read more: http://www.mkweb.co.uk/News/Court-re...#ixzz2yVPCgjtY
http://www.mkweb.co.uk/News/Court-revokes-bailiffs-licence-20140409140000.htm
Marston bailiff Mark Scott had his licence revoked by Oxford County Court after a hearing at the end of March, following a complaint lodged by the girl’s father.
The incident happened when Mr Scott was trying to collect an unpaid TV licence debt of £78 dating back to 2002 from Teri Bur****ll in Coffee Hall on August 22, 2013.
Solicitor Molly Carson, representing the Bur****lls, told the court that when he knocked on the door, 12-year-old Chelsea, daughter of Teri, came to an upstairs window.
Mr Scott demanded Chelsea come downstairs, and gave her a note to pass onto her mother, on which he had written that if the debt was not paid by the end of that day, he would return with police ‘tonight’ and her mother would be arrested.
He wrote on the note: “Police will enter your property to arrest you and detain you in custody. Final warning, I will return with police tonight.”
Mr Scott claimed the girl answered the door when he knocked on it, and that there was no incident involving an upstairs window. Another note was left on September 4 when Mr Scott attended the property with two police officers.
The court heard the first letter was not sealed in a proper envelope, as it should have been, and that the alterations to the notice and the repeated use of the word “Police” had been made with an intention to cause alarm.
The fact this letter was handed to a 12-year-old girl was an aggravating feature, a judge ruled. The judge also said that his certificate would likely have been revoked even if this note had been handed to an adult.
The Bur****lls told the court they did not want Mr Scott’s licence to be revoked, but it was anyway. Court costs of £500 were also awarded to the complainant, which Ms Carson said her client may be appealing.
Russell Bur****ll, Chelsea’s father, said: “I’m annoyed and upset that someone can go up to a 12-year-old girl and think they can do this.”
Ms Carson said: “Most striking in this case is how difficult it is to take a complaint against a bailiff and how weighted it is in favour of the bailiff.”
The debt was paid around September 26.
Harbottle & Lewis LLP, on behalf of Marston, told MK News that this was an isolated incident, and that Marston ‘has a very good track record in its industry.’ They said Mr Scott had no intention to upset anyone, and had been advised that there are grounds for him to appeal. MK NEWS also spoke to Mr Scott, who declined to comment and referred us to Marston.
Read more: http://www.mkweb.co.uk/News/Court-re...#ixzz2yVPCgjtY
http://www.mkweb.co.uk/News/Court-revokes-bailiffs-licence-20140409140000.htm