Making a complaint about a bailiffs fitness to hold a certificate

Submitting a formal complaint (an EAC2) regarding a bailiff's fitness to retain an enforcement certificate incurs no charge, and it's not mandatory to appear in court. However, attending court to bolster your complaint can be beneficial.


The process for lodging a formal complaint with the court regarding a bailiff's eligibility to retain a certificate is outlined in Regulation 9 of the Certification of Enforcement Agents Regulations 2014.

The guidelines for initiating a complaint are specified in Civil Procedure Rule 84.20.

The designated complaint form, named Form EAC2 is accessible for download from the HM Court Service website.

Any complaint submitted to the court concerning an individual's suitability to hold a certificate must be meticulously prepared, drafted, and preferably substantiated with evidence.


Here are alternative legal avenues for addressing issues with a bailiff:.


Allegations of excessive fees can be addressed by applying for a detailed assessment hearing

Instances where bailiffs take others peoples possessions or your exempt goods are resolved by making a claim to controlled goods.

Criminal activity can be reported to the police.

To seek reimbursement for money taken unlawfully or the replacement cost of goods, make a make a claim in the small claims court.

To prevent a bailiff from acting unlawfully or breaching enforcement regulations, an injunction can be sought.

Making a formal complaint to the council or authority, which can then be escalated to either the Local Government Ombudsman or the Parliamentary Ombudsman.

Lodging a complaint with a bailiff company or its trade association - although this is not recommended.


Grounds previously allowed to quetion a bailiffs fitness to hold a certificate.

Clamping an exempt van for two months, leading to the debtor losing their job and relying on ESA. Subsequently, returning with the police and entering the distressed bedroom of an 11-year-old child, disconnecting the child's Xbox.

Failure to disclose previous offenses involving theft from a former employer when applying for an enforcement certificate using Form EAC1.

Using a kubotan to poke a debtor.

Removing a debtor's car and then transferring it to the bailiff's brother, who owned a vehicle scrapping business in South East London. The engine was replaced before the car was listed on eBay.

Driving a debtor's Porsche for personal use, accompanied by his girlfriend, and being caught by a Truvelo forward-facing speed camera, resulting in the debtor receiving a speeding ticket with a photograph of the bailiff and his girlfriend in the car.

Taking a debtor's mountain bike and subsequently selling it to himself.

Engaging in a street fight with a debtor after taking control of a vehicle containing a supply of cocaine.

Following a complaint from the local council regarding a personal injury claim from a debtor, a single mother with a history of mental health issues, resulting in her hospitalisation due to a nervous breakdown.

Complaints rejected by the court, affirming the bailiff's suitability as a fit and proper individual.

Clamping the father's car due to the son's traffic debt.

Being convicted for manufacturing and selling pirated DVD movies.

Visiting a debtor's home while dressed in army camouflage.

Urinating on a neighbor's garden wall adjacent to the debtor's property.

Threatening a debtor with a locksmith despite the lack of authorisation for forced entry under the enforcement power.

Taking a vehicle despite knowing it was under hire-purchase and not owned by the debtor.

Gaining entry by presenting a police-like badge to a housekeeper instead of showing his enforcement certificate ID card.

Physically assaulting a debtor by climbing on her bed and repeatedly thrusting his knee into her groin, causing her to lose control of her bowels.

Entering a debtor's home inappropriately attired by wearing a forensic investigation scene-of-crime suit.

Tampering with bodyworn camera recording before filing them as evidence.

Procedure

Check the bailiff's name in the HMCTS Public Register of Enforcement Agents to determine the county court that issued their certificate. Address your complaint to that specific court.

Collect evidence to support your complaint, such as a mobile phone video taken at the scene and recordings of telephone calls.

Record, in chronological order and in your own words, a first-person account of the events leading to your complaint.

Obtain statements from any witnesses present at the scene, asking them to provide their own accounts. These statements can include notes from police officers and incident reports.

Based on your notes, draft your witness statement, ensuring it reflects your personal account, and attach your supporting evidence.

Download and fill out a Form EAC2, summarising your complaint briefly, and attach your witness statement and evidence.

File the Form EAC2 along with your witness statement to the county court that issued the bailiff's certificate.

The court will forward a copy of your complaint to the bailiff, who has 14 days to respond.

If the judge deems a hearing necessary to address your complaint, you will receive a notice of the hearing date. The judge may dismiss the complaint without a hearing, which cannot be appealed. Alternatively, the judge may cancel the bailiff's certificate without a hearing.

A hearing must be scheduled by the judge if the bailiff fails to respond or if their response still raises doubts about their suitability to hold a certificate.

If the judge determines that the bailiff is fit and proper, the law mandates the dismissal of the complaint.

Complainants cannot appeal the dismissal of their complaint. However, claimants can appeal against an order for costs, as it differs from an appeal against the dismissal of the complaint. Grounds for appeal may include demonstrating that the complaint is not an abuse of the court process, there are reasonable grounds to question the bailiff's suitability to hold a certificate, or the original complaint was not submitted using the prescribed Form EAC2.


Going to the hearing

Dress appropriately.

Bring pen and paper.

Carry three copies of your witness statements, exhibits, and EAC2 form.

Organise your correspondence files with the latest documents on top.

Remain calm and composed; take deep breaths.

Take note of any incorrect statements made by the other party and address them when it's your turn.

Avoid interrupting others; wait for your turn to speak.

Speak clearly and confidently without hesitation.

Avoid repetition; stay focused on the relevant points.

Maintain objectivity; refrain from expressing subjective opinions.

Maintain emotional detachment from your case.

If approached by the opposing solicitor, politely decline to engage in conversation.

Refuse any offers of payment to withdraw your complaint.

Prepare thoroughly; take detailed notes of the points you intend to raise.

Maintain politeness throughout the proceedings, regardless of the outcome.

Document the outcome of the hearing carefully.

Possible outcomes

Complaint dismissed.

Certificate temporarily suspended pending the bailiff's agreement to attend a retraining course.

Certificate revoked.

Bailiff ordered to compensate for damages.

The Law:

Regulation 9 of the Certification of Enforcement Agents Regulations 2014 states:

Complaints as to fitness to hold a certificate

(1) Any person who considers that a certificated person is by reason of the certificated person’s conduct in acting as an enforcement agent, or for any other reason, not a fit person to hold a certificate, may submit a complaint in writing to the court.

(2) No fee is payable for submitting a complaint under paragraph (1).

(3) A complaint submitted under paragraph (1) must provide details of the matters complained of and explain the reason or reasons why the certificated person is not a fit person to hold a certificate.

(4) No complaint submitted under paragraph (1) may be considered by the judge until the certificated person has been provided with a copy of the complaint and given an opportunity to respond to it in writing.

(5) If on considering the complaint and the certificated person’s response the judge is satisfied that the certificated person remains a fit and proper person to hold a certificate, the complaint must be dismissed.

(6) If—

(a)the certificated person fails to respond; or

(b)on considering the complaint and the certificated person’s response the judge is not satisfied that the certificated person remains a fit and proper person to hold a certificate,

the complaint must be considered at a hearing.

(7) If a complaint is to be considered at a hearing under paragraph (6)—

(a)the certificated person must attend for examination and may make representations; and

(b)the complainant may attend and make representations, or may make representations in writing.

(8) If after a hearing the judge is satisfied that the certificated person remains a fit and proper person to hold a certificate, the complaint must be dismissed.

(9) No appeal lies against the dismissal of a complaint under paragraph (5) or paragraph (8).



Civil Procedure Rule 84.20 states:

Complaints as to fitness to hold a certificate

(2) The complaint must be submitted to the County Court hearing centre at which the certificate was issued, using the relevant form prescribed in Practice Direction 4.

(3) A copy of the complaint must be sent to the applicant at least 14 days before the hearing, and the applicant may respond both in writing and at the hearing.

(4) The complainant is not liable for any costs incurred by the certificated person in responding to the complaint, unless paragraph (5) applies.

(5) The court may order the complainant to pay such costs as it considers reasonable if it is satisfied that the complaint—

(a) discloses no reasonable grounds for considering that the certificated person is not a fit person to hold a certificate; and

(b) amounts to an abuse of the court’s process.


Practice Direction 4 states:

PRACTICE DIRECTION 4 – COURT FORMS

EAC2 Complaint against a Certificated Person