Making A Complaint About A Bailiffs Fitness To Hold A Certificate
Filing a formal complaint regarding a bailiff's fitness to hold an enforcement certificate is a straightforward and cost-free process. While it is not mandatory to attend court, your presence can significantly bolster your case.
The bailiff is required to attend the hearing, and you have the right to cross-examine them before the judge.
This process is governed by Regulation 9 of the Certification of Enforcement Agents Regulations 2014, with detailed procedures outlined in Civil Procedure Rule 84.20.
The necessary form for such a complaint, known as Form EAC2, can be downloaded from the HM Court Service website.
When filing a complaint, it is crucial to plan meticulously, draft the complaint carefully, and, where possible, support it with substantial evidence and a Witness Statement
The court has the authority to revoke the bailiff's certificate, mandate them to pay compensation or damages or dismiss your complaint altogether.
It would be beneficial to have an expert review the details of your complaint, see whether your complaint has merit and professionally prepare your statements for presentation in court. This approach can ensure that your case is presented clearly and effectively. You can apply to the court for your legal expenses.