Court Enforcement Specialists takes complaints received from anyone affected by our role as High Court Enforcement Agents or as Recovery Agents, seriously.
We would like to explain how you can make a complaint about actions of a High Court Enforcement Agents, Recovery Agents or any other member of Court Enforcement Specialists, where you need to send your complaint and how it will be dealt with.
If you would like to proceed with your complaint you can write to us at:
Court Enforcement Specialists
28 Mason Street | Manchester | M4 5EY |
Making a complaint about any matter involving Court Enforcement Specialists you can write to us direct, please send to the address above, also remember to provide a means for ourselves to contact you so we can respond.
Please be sure to include the time and date when the incident complained of occurred, where this is appropriate and any other relevant information.
How do you make a Complaint
Relevant Complaint, ask yourself if your complaint is really about the actions of the High Court Enforcement Agents, Recovery Agents or any other member of Court Enforcement Specialists. Our responsibilities are to visit people who have a Judgment, Warrant, Liability Order, against them these are delegated to Court Enforcement Specialists Agents. Our High Court Enforcement Agents carry out the work of the Authorised Enforcement Officer, Claire Sandbrook, under a High Court Writ of Execution.
If you are the debtor:
- When a Writ (the court’s order for the High Court Enforcement Officer to act) has been issued by the High Court, it was issued at the request of the creditor. It is the creditor who says you owe money and decides the how it should be paid, not the High Court Enforcement Officer. Once the writ has been issued, the High Court Enforcement Officer through her Agents must try to collect money owed as soon as possible;
- If your complaint is that you do not owe the money, or that the creditor has refused to accept your offer to pay by instalments, then you need to seek independent advice on what to do to protect your position.
If you are a creditor:
- please make sure that your complaint concerns something which it is within the High Court Enforcement Officers, High Court Enforcement Agents, Recovery Agents or any other member of Court Enforcement Specialists legal powers to do.
What will happen when I have made my complaint
Your complaint will be acknowledged on the day it is received if that day is a working day or, on the next working day if it is received when the office is closed.
Who will deal with my complaint?
Your complaint will be dealt with initially by a member of the Court Enforcement Specialists Complaints Team responsible for handling complaints. A record will be made of your complaint and the Court Enforcement Specialists Complaints Team will ask for a report from the High Court Enforcement Agents, Recovery Agents or any other member of Court Enforcement Specialists concerned. Once this is received, the Court Enforcement Specialists Complaints Team Member responsible for handling complaints will consider your complaint and the High Court Enforcement Agents, Recovery Agents or any other member of Court Enforcement Specialists, report and decide whether or not your complaint appears to be justified. You will be told of the decision of the Court Enforcement Specialists Complaints Team, by post, within 14 days of receipt of your complaint.
If your complaint is found to be justified, the letter will also tell you what it is proposed should be done about it.
Do I have to accept the Court Enforcement Specialists Team’s decision as final?
No, you do not. If you are unhappy with the decision, you can ask for the complaint to be reviewed by the Director’s.
How do I ask for a review?
Enclosed with the Court Enforcement Specialists Complaints Team’s decision will be a form. The form asks you to indicate whether you accept that decision. If you do not, you must complete the form to indicate you would like a review. Please send it to the address to which you sent your original complaint. It is important that you do this as soon as possible and preferably within 7 days of receiving the initial decision.
Your request for a review will be acknowledged on the day it is received or on the next working day, as appropriate. When your request is received, your complaint, the High Court Enforcement Agents, Recovery Agents or any other member of Court Enforcement Specialists, report and the Court Enforcement Specialists Complaints Team’s decision will be passed to the Director’s for consideration. You will be sent a letter setting out the Director’s decision within 7 days of receipt of your request for a review.
If the Director’s decide that your complaint is justified, you will also be told what action it is proposed should be taken.
Is there anything I can do if I am still not satisfied?
Yes, there is. You can ask the Director’s to set up an Appeal Board. An Appeal Board consists of two people with knowledge and experience of enforcement law relating to High Court Writs of Execution, such as solicitors or barristers.
They will be independent of the organisation which employs the High Court Enforcment Agents you are complaining about. Their decision will be final.
How do I make a request that an Appeal board is set up?
With the Director’s reply to be will be a form which you can complete to indicate that you would like an Appeal Board to be set up. Complete it and send it to the address at the end of this leaflet.
Please do this no later than 7 days from the date you receive the Chief Executive’s reply. Receipt of your request will be acknowledged on the day it is received or, on the next working day, as appropriate.
What will the Appeal Board do?
It will take a few days to contact appropriate people to sit on the Appeal Board. Once they have been identified, you will be told who they are, what their qualification to sit on the Board is, and the date when they will meet.
This will not be any later than 14 days from his day your request was received. When they meet they will consider:
No-one but the two Appeal Board members will be allowed to attend their meeting. Their decision will be final.
It will be accepted by the Director’s together with any action they recommend should be taken if your complaint is upheld.
What Happens Next?
High Court Enforcement Only:
In the event that Court Enforcement Specialists cannot satisfy you that your complaint has been answered and resolved the matter can be passed to the High Court Enforcement Officers Association. More information can be found at the Association’s website www.hceoa.org.uk.
- make your complaint as soon as possible
- keep a copy of it since you may need it for future reference; and
- make sure it contains all the evidence you have
- your complaint
- the report of the Court Enforcement Specialists Enforcement Agent and any other relevant information
- the Court Enforcement Specialists Complaint’s Officer’s decision
- and the Director’s decision.