I want to complain about a Certified Bailiff
What do I do?
This booklet tells you:
- who certificated bailiffs are;
- how they recover the money you owe; and
- what to do if you have a complaint against a certificated bailiff.
This booklet only acts as a guide. You may need to contact the organisation
that you owe the money to or seek legal advice to identify the best way
for you to deal with your complaint.
Who are certificated bailiffs?
- Certificated Bailiffs hold a certificate which enables them
to levy distress for rent and to levy distress for road traffic debts.
This means that they can seize and sell your goods to cover the amount
of the debt you owe either for rent or for a road traffic debt. Certificated
Bailiffs also collect council tax for local authorities and money on behalf
of other organisations such as magistrates' courts.
How do Certificated Bailiffs recover the money you owe?
- Certificated bailiffs can seize and sell your goods to cover the amount
of a debt you owe.
- A bailiff may try to contact you by telephone or by letter to give
you the opportunity to pay the debt. If you do not respond or you do not
agree to pay the debt, the bailiff will visit your premises to collect
payment or to place a levy on your goods. This means unless you agree
to pay the debt, the bailiff will seize and sell certain items you own
in order to recover the money you owe. You may be able to arrange to pay
the debt by instalments at this stage - you can discuss this with the
bailiff when he/she visits your premises.
- If the bailiff seizes your goods, he may take them straightaway or
he may leave them at your premises. If he leaves the goods with you, this
is called walking possession. This means that unless you keep to
the arrangement to pay, the bailiff has the right to return to your premises
at any time to remove your goods and sell them at public auction. The
certificated bailiff will ask you to sign a walking possession agreement.
The walking possession agreement identifies which of your goods
will be removed.
- The bailiff is under duty to obtain the best price for the your goods
if he/she is selling them at public auction. This price will cover the
fees that bailiffs are entitled to charge, the cost of removing your goods
and the cost of selling them.
| * It is important to remember that auction prices are usually
lower than high street prices. |
Fees charged by Certificated Bailiffs
- Certificated Bailiffs are entitled to charge fees and add them to the
money you owe.
- When the certificated bailiff levies on your goods, he/she will give
you or leave at your premises a form which sets out the amount you owe
and the fees, charges and expenses authorised in the rules.
- Certificated bailiffs are not allowed to charge you for anything
not in the scale of fees.
- If your goods are removed the bailiff will give you a form, which sets
out the expenses the bailiff is entitled to charge you for removing your
goods.
Complaints
How do I complain about the debt?
- If you think that you do not owe all or part of the money, you need
to contact the organisation who is claiming the money from you e.g. your
local council, child support agency, the magistrates courts. The organisation
concerned has told the bailiff that you owe this money, so it is not up
to the bailiff to decide that you do not. You should make sure that you
have the relevant account number or reference number to hand when you
contact them.
Can I complain about the bailiff?
You can complain about the bailiff if:
- the bailiff's behaviour has been aggressive, rude or threatening. A
bailiff has no right to force his/her way into your premises in order
to gain entry to enforce the collection of money due under court orders;
| * Where there is a walking possession agreeement and the bailiff
is refused access he/she is entitled to re-enter a premises by force
to remove the levied goods for sale at auction. |
- the bailiff has seized or levied on goods that do not belong
to you;
- the bailiff has levied illegally. This means that the bailiff
has levied on goods which cannot be seized;
| * Bailiffs are not allowed to levy on certain items e.g. equipment
necessary to you in your employment, any clothing, bedding furniture,
household equipment necessary for satisfying the basic domestic
needs of you and your family. |
| * You should tell the bailiff if any items in your property are
rented, hired, leased, or belong to another person. |
- the bailiff has levied irregularly. This means that the correct
goods have been seized, but the events following the seizure are not correct
e.g. the bailiff sells your goods after you have paid the debt;
| * You must keep in touch with the bailiff while he is dealing
with your debt. |
- the bailiff has levied excessively. This means that the value
of the goods seized from you exceeds the amount of the debt, or that you
have paid an excessive amount to the bailiff. If more money is raised
at auction than the debt (this includes the fees, the cost of removing
your goods and the cost of selling them), the balance should be returned
to you. If it is not, then the levy is excessive.
How do I complain about a Certificated Bailiff?
- You can make a complaint to the Bailiff Trade Associations who are
responsible for promoting higher standards in the bailiff industry i.e.
the Certificated Bailiffs Association, or the Association of Civil Enforcement
Agencies (ACEA). Bailiff Trade Associations will investigate your complaint.
| *A leaflet on the ACEA complaints procedure can be obtained by
writing to the Association's secretary at Kensington House, 33 Imperial
Square, Cheltenham, Gloucestershire, GL50 1QZ, or by telephoning
01242 241456. |
| * Information on the Certificated Bailiffs Association of England
& Wales' complaints procedure can be obtained by writing to the
Association's Secretary at Ridgefield House, 14 John Dalton Street,
Manchester M2 6JR or by telephoning 0161-839 7225 or faxing: 0161-834
2435. |
- If you wish to complain about a certificated bailiff because you do
not think he/she is fit to hold a certificate, you need to contact the
county court which issued the certificate.
- If you are unsure whether the bailiff holds a certificate you can contact
the Court Manager at your local county court and provide him/her with
the bailiff's name. The Court Manager will contact the Court Service Headquarters
and ask for a search of the bailiff register. If the bailiff's
name appears on the register, it means that he/she holds a certificate.
- If you are unsure which county court issued the certificate you can
contact the Court Service Headquarters on 0171-210 1883 who will find
this information for you.
- · You should set out your complaint on the bailiff complaints form
which can be obtained from any county court and post it to the Court Manager
of the court where the bailiff's certificate was issued.
What happens next?
- A copy of your reply will be sent to the certificated bailiff who has
to respond in writing within a certain time. If no reply is received within
the time limit, or the judge is not satisfied with the bailiff's response,
the bailiff will be summoned to appear before the judge.
- You will be informed of the date of the hearing and you may attend the
hearing and make a statement if you wish.
- If you wish to attend the hearing but cannot travel to the court where
the hearing will be heard, you may apply to that court for the hearing
to be transferred to a court with jurisdiction to issue bailiff certificates
nearer to you.
- If the judge is satisfied with the bailiff's response, you will be
informed of the judge's decision.
What can the judge do?
After the hearing the judge may take the following action:
- Order compensation to be paid to you. This means that the judge will
award you a sum of money;
- · Cancel the certificated bailiff's certificate. This means that the
bailiff will no longer be entitled to levy distress for rent or
levy distress for road traffic debts;
- Dismiss your complaint.
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