What is an EAC2 complaint?

An EAC2 complaint is a complaint to the Court in relation to a bailiffs fitness to hold an Enforcement Agent Certificate. It is the most serious complaint a bailiff can face in relation to misconduct and can result in him losing his licence and therefore his job. Each Enforcement agent has a bond held by the court of £10,000 which a claim can be made against if the enforcement agent is unfit to hold the Enforcement officer licence.

Step 1

Make your initial complaint to the bailiff company. They will follow a Corporate Complaints procedure that at every stage they investigate their own employees actions and invariably find they did nothing wrong.  Go through this procedure purely because the court will want to see that you have exhausted every other avenue before reporting the matter to the court.

Step 2

Make a complaint to the Creditor. You can do this at the same time you are making the complaint to the Bailiff company. They will follow the same Corporate Complaints procedure where they investigate themselves. Exhaust this procedure to show the court you have tried this option.

Step 3

Report the Enforcement Officer to his Trade Association Civia (Civil Enforcement Association).  

Step 4

Once you have completed the first 3 steps and they have not dealt with your complaint satisfactorily, you are ready to go to the most important step. Get all the information from the above steps and report the Enforcement Agent to the Court:

TEMPLATE COMPLAINT WHEN VULNERABILITY NOTICE IGNORED

[Your Name]
[Your Address]
[Town/City]
[Postcode]
[Email Address]
[Telephone Number]
 

[Date]

To Whom It May Concern,
[Department Name or Officer's Title if known]
[Authority or Organisation Name]
[Address]
[Town/City]
[Postcode]

Subject: Complaint Regarding Disregarded Notification of Vulnerability

Dear Sir/Madam,

I am writing to raise a formal complaint regarding the conduct of an enforcement officer acting on behalf of your authority, who appears to have disregarded a prior notification I submitted concerning a known vulnerability.

On [insert date], I notified your office about [brief description of the issue—e.g., a structural, technical, or situational vulnerability] which I believed would affect compliance and potentially warrant reasonable consideration prior to any enforcement action. The purpose of this notification was to ensure transparency and to avoid misunderstandings or actions that may not account for the circumstances at hand.

However, on [insert date], enforcement action was taken—[briefly describe what happened]—without any indication that my earlier communication had been acknowledged or taken into account. This has left me concerned that due process was not followed and that my efforts to proactively engage with your department were overlooked.

I would be grateful if you could investigate the matter and advise on the following:

1. Whether my original notification was received and logged appropriately;

2. Why it was not considered during the enforcement process;

3. Whether the action taken can be reviewed in light of the information provided;

4. What steps are in place to ensure similar oversight does not occur in future.

Please confirm receipt of this complaint and advise on the next steps in your complaints procedure, including any reference numbers or points of contact.

I look forward to your response and would be happy to provide further information if required.

Yours faithfully,
[Your Name]

Make a complaint about a bailiff - Form EAC2

Everyone has a statutory right to complain about a certificated bailiffs fitness to hold a certificate.

There is no fee, it only takes a few minutes and you don't even have to go to Court!

🛑 How to Make a Formal Complaint Against a Certificated Enforcement Agent (Bailiff)

📜 Legal Framework

• ✅ Regulation 9, Certification of Enforcement Agents Regulations 2014

• ✅ Paragraph 84.20, Civil Procedure (Amendment No.2) Rules 2014 – governs the complaint process

• ✅ Paragraph 63(6), Schedule 12, Tribunals, Courts and Enforcement Act 2007 – states it is an offence to act as a bailiff without a certificate
  
  

👤 Who You Can Complain About

You can file a complaint against any certificated enforcement agent, including High Court Enforcement Officers, whose name appears on the HMCTS Public Register.

🔗 Check here:
https://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/

If the bailiff is not on the register, they may be acting unlawfully, and you should report them immediately.

⚠️ Grounds for Complaint

Complaints may be made for any of the following:

• ❌ Violence or threats of violence

• ❌ Harassment (including repeated calls or text messages)

• ❌ Assault or physical injury

• ❌ Damage to property

• ❌ Sexual harassment or misconduct

• ❌ Conversion of goods or vehicles for personal use

• ❌ Malicious threats (e.g., “we’ll call social services”)

• ❌ Fraudulent or excessive fee charging

• ❌ Acting without showing a valid warrant

• ❌ Ignoring a declared vulnerability
  
  

🧠 Vulnerability Is a Valid Complaint Ground

The Taking Control of Goods: National Standards 2014 require enforcement agents to:

• Identify and assess vulnerability

• Modify or suspend enforcement when a vulnerable situation is present

• Withdraw from a property if only a vulnerable person is present
  
  

📌 Examples of vulnerability:

• Mental or physical disability

• Serious illness

• Recent bereavement

• Elderly, pregnant, or single parent with young children

• Language, literacy, or cognitive difficulties
  
  

🔗 Full standards available here:
https://www.gov.uk/government/publications/bailiffs-and-enforcement-agents-national-standards

📌 If you notified the bailiff, their firm, or the creditor of your vulnerable situation (via letter, email, GP note, support worker etc.) and they proceeded regardless, this may amount to misconduct.

⏳ When to File a Complaint

If you’re making a civil claim for money or goods, wait until that is concluded before submitting your complaint.

🧑‍⚖️ During your civil claim, ask the judge for a finding of fact about the bailiff’s actions (e.g. ignoring a vulnerability). This decision becomes binding evidence for your complaint.

🧾 What Can Happen If You Win Your Complaint

1. ❌ Bailiff’s certificate is cancelled

2. 💷 You are awarded compensation

3. 🤝 Court pauses hearing to allow settlement negotiation

4. ⚖️ Your complaint is dismissed

5. 📄 You receive copies of the bailiff and council’s defence

6. 📚 Bailiff is ordered to undergo retraining

7. ✋ Bailiff gives a voluntary undertaking to stop certain conduct

8. 🔄 Judge dismisses complaint but advises you to file a civil claim
   
   

📝 Step-by-Step: How to Make the Complaint

1. 🔍 Identify the court that issued the bailiff’s certificate
   Use this register:
   https://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/
   
   

2. ✍️ Write a sworn statement
   learly explain what happened

   • State which regulation was breached (e.g. ignored vulnerability)

   • Be factual, brief, and honest

   • Have it sworn before a solicitor or Commissioner for Oaths (usually £5)
     
     

3. 📄 Complete Form EAC2

   • Available from the court or downloadable online:
     https://www.gov.uk/government/publications/form-eac2-complaint-about-enforcement-agent
     
     

4. 📬 Submit the EAC2 form + sworn statement to the court that issued the bailiff’s certificate
   
   

5. 📚 The bailiff must send a written reply

   • Read it carefully and note any disputed points
     
     

6. 🧾 Ask witnesses to submit sworn statements confirming your account and rebutting any false claims
   
   

7. 🏛️ Attend the hearing

   • The bailiff is legally required to attend

   • You may attend in person — this gives you a stronger voice
     
     

🎥 Using Digital Evidence

If you have:

• 📱 Recordings of phone calls

• 📸 Photographs or videos

• 💬 Texts, emails, or chat logs
  
  

🖊️ Mention on your EAC2 form that you wish to present digital evidence.
📲 Bring the evidence on a device — the usher will pass it to the judge to view.

🤝 Negotiated Settlements

If the judge pauses the hearing for you and the bailiff to settle:

💷 A typical compensation range is between £750 and £10,000, depending on:

• Severity and number of complaint issues

• Time and research you invested in your complaint

The judge will record the outcome via:

• ✅ Consent Order

• ✅ Unless Order
  
  

👔 Tips for Court

• 👕 Dress smartly

• ✍️ Bring a pen and notebook — write down any false statements to address later

• 😌 Stay calm and respectful — never interrupt

• 🗣️ Speak clearly and confidently

• 📂 Organise all documents with the most recent on top

• 🧾 If handed a last-minute defence statement, ask the judge for an adjournment, stating it was served too late (must be at least 14 days before hearing)
  
  

🚫 Dealing with Legal Representatives

If a solicitor sends you a letter marked "WITHOUT PREJUDICE":
⚠️ Do not reply to it. It cannot be shown to the judge and is used to pressure you into settling.

If they try to talk to you outside court:
💬 Politely decline to engage. Just say:

“I prefer to say nothing and leave it to the court.”