IHAT information for complainants READ MORE HERE: https://www.gov.uk/government/publications/ihat-information-for-complainants

Over the past five years or so I have made frequent threads on the forum concerning complaints that were made to the court about bailiffs (Form 4 Complaints) and the many times that courts did not find the bailiff at fault and ordered that the person MAKING THE COMPLAINT must pay the bailiffs legal costs in challenging the complaint against him. The worst case that I reported about concerned a debtor who had been ordered to pay over £20,000 !!!! In April 2014 when new bailiff regulations took effect, a new complaint procedure was implemented and 'Form 4' complaint forms were done away with and a new form (EAC2) was introduced. Crucially, the new regulations specifically state that the court can make a finding that the person making the complaint can be ordered to pay the bailiffs costs. During October I received enquiries from THREE individuals who had been ordered to pay costs. In the worst case, a lady was ordered to pay £3,000. Another lady was ordered to pay £1,500 and a gentleman ordered to pay £900. Worryingly, in two of the enquiries, the individuals had submitted an EAC2 Complaint to the County Court where the bailiff was certificated on the very SAME DAY as the bailiff visit. It simply beggars belief that anyone would do this without first making a complaint to the enforcement company or creditor (usually the local authority). Worst still, in one of the cases (the lady who was ordered to pay £3,000), she was a SOLICITOR !!! In EACH case, the person making the complaint had not known that the PURPOSE of the complaint was to seek the Judges agreement that the bailiff was not a 'fit and proper' person to hold a bailiff certificate. If anyone considers that a bailiff has done something wrong, then the FIRST step should be to make a complaint to the company that he works for. If their reply is not satisfactory, then a further complaint can be made to the local authority etc If a bailiff has a complaint made against him to the County Court, he will know that the Judge has to consider whether or not to remove his certificate from him. If so, this will lead to his immediate unemployment. It is for this reason that the bailiff will ALWAYS have legal representation and if the court do not find fault, they can....and do.....order the complainant to pay these costs.