Make a Complaint About a Bailiff - Form EAC2

Everyone has a statutory right to complain about a certificated bailiff's fitness to hold a certificate.

There is no fee, it only takes a few minutes, and you do not even have to go to court.

It is recommended that you use an alternative service address when making a complaint, otherwise you may receive harassing letters from the bailiff.

The Law

Regulation 9 of the Certification of Enforcement Agents Regulations 2014

Paragraph 84.20 of the Schedule to the Civil Procedure (Amendment No.2) Rules 2014 (procedure to make a complaint)

You can complain about any person, including High Court Enforcement Officers, whose name appears in the HMCTS Public Register of Certificated Bailiffs.

If the bailiff does not have a certificate, then he commits an offence under paragraph 63(6) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007. Follow this article.

Grounds for a Complaint Include

Violence

Threats of violence

Assault

Harassment, including nuisance text messages

Causing injury

Damage to goods or property

Sex offences

Malicious behaviour (e.g., threatening to call social services or a locksmith)

Conversion of controlled goods or a vehicle for personal use

If your complaint is about appropriating money or charging improper fees, then request a detailed assessment hearing.

Tip

If you are bringing a money claim for the return of money or goods, then postpone the complaint until after the civil claim has concluded. At the claim hearing, you can ask the judge to make a finding of fact which can then support your EAC2 complaint. A judge hearing an EAC2 complaint cannot go behind a previous finding of fact.

Bailiffs can have their certificates cancelled and be ordered to pay compensation from their bailiff bond. Every certificated bailiff must have a bond or deposit of �10,000 lodged with the court.

If the bailiff committed a criminal offence such as fraud, violence, or failed to produce a warrant, consider making a criminal complaint.

Keep your complaint honest and truthful. Preferably, make a sworn statement. The court will treat this with more respect.

Procedure

1. Identify which court issued the bailiff's certificate using the Ministry of Justice public register.

2. Prepare a sworn statement based on a template. Say what happened, what regulation was breached, and do so honestly. Get it sworn before a solicitor or commissioner for oaths (usually �5). Send it with your complaint.

Always support your complaint with a sworn statement of truth

3. Copy the grounds of your complaint into Form EAC2.

4. File the Form EAC2 and sworn statement at the court that issued the bailiff's certificate.

5. The bailiff will reply. It is often a lengthy history of the debt. Read it carefully and identify where he disputes your facts.

6. Ask witnesses to make sworn statements reaffirming your complaint and addressing the bailiff's disputes.

7. The bailiff must attend the court hearing whether or not you attend.

Always draft your complaint in plain English and attend the hearing if possible. See tips on attending court.

Using Digital Evidence

Mention in Form EAC2 that you wish to present digital evidence (e.g., phone recordings or videos). Bring it on a device. The court usher will pass it to the judge.

Possible Outcomes

i) Bailiff's certificate is cancelled

ii) Compensation is awarded

iii) Court adjourns for parties to agree redress outside court

iv) Complaint is dismissed

v) Judge orders disclosure of defence statements to the complainant

vi) Bailiff is ordered to undergo retraining

vii) Court accepts voluntary undertaking from the bailiff to cease the behaviour

viii) Complaint is dismissed, but the judge invites a civil claim "for the avoidance of doubt"

If adjourned for settlement, negotiate compensation between �750 and �10,000 depending on severity and preparation time. The judge may make a consent or unless order.