HCEO's and Criminal Remedy
NEVER tell an HCEO you are reporting him to the police. If the fraud is more than £2000 the letter is addressed to the CRIMINAL INVESTIGATIONS DEPARTMENT.
Reporting Fraud to the Police and Give the Legislation
See Also
Official Complaints Procedure
Explained in the HMCTS official guidance Leaflet EX345 on pages 3 and 4.
The advice says complain to a private company called the High Court Enforcement Officers Association Ltd.
Its subscribers are HCEOs and their firms and it is NOT an industry regulator or government agency. They represent HCEO interests and have no authority to sanction. Complaints have come to nothing even when the grounds have been very obvious.
Their website says they do not deal with complaints about fees. That is good advice because they could commit an offence of Assisting an Offender under Section 4 of the Criminal Law Act 1967 if they did and the fees were found to be wrong.
This policy indicates the HCEOA is aware of endemic fee fraud because they could answer fee complaints with a copy of the statutory fees regulations and simple arithmetic showing what the fees should be.
Enforcement agents try getting disappointed debtors to direct complaints to HCEOA because they know it is just a private company without any statutory power and it does not fight your case.
How to Report
If there is no reply within 7 days then telephone the police on the national non-emergency telephone number and make arrangements to attend a police station to make a written Statement of Complaint on a statement form taking all available evidence with you, including the HCEO's fee list and printouts of the following legislation:
1) Regulation 13 of the High Court Enforcement Officers Regulations 2004
2) Table 2 of the Schedule of the Taking Control of Goods (Fees) Regulations 2014
3) Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
4) Sections 1 to 5 of the Fraud Act 2006
And remember to keep a file copy for your own records of everything handed to the police.
If the police resist you making a complaint then send in a written complaint. Police are obliged to act on written complaints but they do not have an obligation to act on complaints made verbally.
A successful conviction on an HCEO puts him out of business because of Regulation 4(2)(a)(ii) of the High Court Enforcement Officers Regulations 2004.
Your case is strengthened by making a sworn statement of truth but the regulations do not require it. Just hand a copy to the HCEO and take his photo using your mobile as evidence of safe receipt, and file the original at court. Smart phones automatically time-stamp your photos.
If you have a document proving you have been defrauded by a bailiff in this way, please email them to me jason (at) dealingwithbailiffs.co.uk