You can complain about a bailiff's fitness to hold an enforcement certificate by downloading and completing a form EAC2,[1] then sending it to the court that issued his enforcement certificate.[2]
You can find the court name that issued the bailiffs certificate by searching the Ministry of Justice online public register of certificated enforcement agents.[3]
There is a prescribed procedure for making a complaint.[4]
You must include supporting evidence, called exhibits, with your complaint showing the bailiff is not fit to hold a certificate.
The court will give the bailiff an opportunity to answer your complaint in writing.[5]
Your attendance at the hearing is voluntary.[6]
The judge decides if the bailiff is fit to continue to hold an enforcement certificate or cancel or suspend his certificate,[7] and order the bailiff to pay the complainant compensation and costs.[8]
If the bailiff does not have an enforcement certificate, then he commits an offence,[9] and you can report him to the police instead.
Do not make complaints to the bailiff's trade association, or the bailiffs agency (bailiff company), they are private companies without statutory authority.
If you are complaining about high fees and charges, apply for a detailed assessment.[10]
If the bailiff has taken exempt goods, or goods not belonging to the debtor, make a claim to exempt goods.[11][12]
If the bailiff breached any of the enforcement regulations, the debtor can make a claim in the Small Claims Track.[13]
A non-debtor aggrieved by unlawful enforcement action can also recover damages,[14] and anyone can apply for interlocutory relief such as recovering a car a bailiff has taken, that is on hire-purchase.[15]
[1] See: Form EAC2 download
[2] Regulation 9 of the Certification of Enforcement Agents Regulations 2014
[3] See: Ministry of Justice Public Register of Certificated Bailiffs
[4] Paragraph 84.20 of the Schedule of the Civil Procedure (Amendment No.2) Rules 2014
[5] Regulation 9(5) of the Certification of Enforcement Agents Regulations 2014
[6] Regulation 9(7)(b) of the Certification of Enforcement Agents Regulations 2014
[7] Regulation 10 of the Certification of Enforcement Agents Regulations 2014
[8] Regulation 11 of the Certification of Enforcement Agents Regulations 2014
[9] Paragraph 63(6) of the Tribunals, Courts and Enforcement Act 2007
[10] Civil Procedure Rule 84.16
[11] Non-High Court debts: Civil Procedure Rule 85.4
[12] High Court debts: Civil Procedure Rule 85.6
[13] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[14] Section 3 of the Torts (Interference with Goods) Act 1977
[15] Section 4 of the Torts (Interference with Goods) Act 1977
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