Hi,
Re-Form 4 bailiff complaint. I’ve requested a change of court and adjournment because I was not sent a notice of a hearing 16/8/19 on time, 16 days late. Wrong address, court at fault here. Its in a County Court but yet the hearing is in a family court Lady’s lane Northampton so I’m a little confused. The debt is not mine, the debtor (my brother) has never lived at my address. He is homeless but has a vehicle licence registered to my address. This is why the bailiff came to my address. Once I informed him of the facts he refused to go and threatened to come back with the police the next day at 6am. I therefore did not call the police and report him. I did report it to his employers but they didn’t say much, just sorry and he will be coming back to make further enquiries. I reacted swiftly and sent a cease and desist to the CEO of bailiff company. I filed complaint on form 4 to the magisrates court that sent him and now I have a hearing but like I said I was not notified of it. I found out about the hearing by calling the court to find out what was happening to my complaint. Id love to drop the complaint and get my life back but it seems I can’t do that without either being charged with making a false claim, which I certainly am not or the case goes ahead in my absence and god knows how that could turn out. So I will attend the hearing even if it is not adjourned or changed to my local court. I’m unsure how to word the last bit of my letter….. Ive written:
I also seeks expenses for time and resource in seeking remedy, afforded by the aggravating circumstances caused by the respondent’s behaviour, and respectfully ask the court to award the applicant the sums claimed under Practice Direction 52.4, rules 46.3(5)(b) and rule 48.6(4) or any sum at the discretion of the court.
Is the bit underlined correct?
Can anyone help, im representing myself I can not afford a solicitor. What form is it I fill in for expense claims to hand to the defendants legal team at the end of trial.
All help appreciated
Form 4 complaint County court hearing
Re: Form 4 complaint County court hearing
Since April 2014, a form 4 complaint is now called an EAC2 complaint. The legal professional still call it form 4 out of habit.
You cannot change the court in a formal complaint hearing because the complaint must be heard at the county court (not a magistrates court) that issued the bailiffs certificate.
If your brother has a vehicle license registered at your address, did the bailiff see the car? If not, then the bailiff used tracing action to find your address, which is contrary to Paragraph 12 of the Taking Control of Goods National Standards 2014, which states:
12. Creditors must not issue a warrant knowing that the debtor is not at the address, as a means of tracing the debtor at no cost.
Threatening anyone with a locksmith and the police without lawful authority commits an offence under section 1(1) of the Protection from Harassment Act 1997. However, the police treat this, as with any bailiff crime as a civil matter.
The bailiff cannot take control of your goods because they don’t belong to the debtor, paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
There is no need to get a solicitor to represent you in your complaint. You just tell the judge what the bailiff did wrong, why it is wrong, and that you believe the bailiff is not fit to carry on trading as a bailiff until he undergoes re-training in enforcement regulations and guidelines for the protection of innocent victims. When the judge gives you audience to speak to the court, you can take as long as you like. The stage is all yours.
To claim your expenses, you complete a form N260 and give a copy to the other party before going into court.
You cannot change the court in a formal complaint hearing because the complaint must be heard at the county court (not a magistrates court) that issued the bailiffs certificate.
If your brother has a vehicle license registered at your address, did the bailiff see the car? If not, then the bailiff used tracing action to find your address, which is contrary to Paragraph 12 of the Taking Control of Goods National Standards 2014, which states:
12. Creditors must not issue a warrant knowing that the debtor is not at the address, as a means of tracing the debtor at no cost.
Threatening anyone with a locksmith and the police without lawful authority commits an offence under section 1(1) of the Protection from Harassment Act 1997. However, the police treat this, as with any bailiff crime as a civil matter.
The bailiff cannot take control of your goods because they don’t belong to the debtor, paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
There is no need to get a solicitor to represent you in your complaint. You just tell the judge what the bailiff did wrong, why it is wrong, and that you believe the bailiff is not fit to carry on trading as a bailiff until he undergoes re-training in enforcement regulations and guidelines for the protection of innocent victims. When the judge gives you audience to speak to the court, you can take as long as you like. The stage is all yours.
To claim your expenses, you complete a form N260 and give a copy to the other party before going into court.
Re: Form 4 complaint County court hearing
This post got a mention at court the other day in an EAC2 complaint hearing which Newlyn was unsuccessful in getting costs against the complaint.
I'll see if I can get more info, including the N260 and post it in members.
I'll see if I can get more info, including the N260 and post it in members.