form 4 has a new name today

[russelldash]

Hello everyone
Just to let you know that a form 4 complaint has now changed name

And anyone wanting to make a complaint against a bailiff must do so whit the court who issued the bailiff certificate

the procedure is basically the same
The new form you need to file is called a


EAC2

hope this helps

[enaid]

Re: form 4 has a new name today

Hello everyone
Just to let you know that a form 4 complaint has now changed name

And anyone wanting to make a complaint against a bailiff must do so whit the court who issued the bailiff certificate




the procedure is basically the same
The new form you need to file is called a



EAC2

hope this helps

Anymore info on this EAC2 as it is not showing up on Google?

[russelldash]

Re: form 4 has a new name today

just found out from oxford combined court as I say the procedure is the same So I am told by the court
will be filing one this week so keep you up to date

[seduraed]

Re: form 4 has a new name today

Can you just write to the certificating judge as before and let them decide what to do ?

[russelldash]

Re: form 4 has a new name today

Hi

The procedure of form 4 was that Persons file the form 4 with the court who issued the warrant the court then send it too the court were the bailiff certificate was granted
A judge looks at it and if the judge thinks fit he then ask the bailiff to make a reply to the compliant and if the judge is not satisfied with the reply from the bailiff the court in my case set a date for the bailiff to explain why his certificate should not be revoked

At this point when the bailiff responds the judge He can strike out the complaint if he does not expenses can not be claimed

When I spoke with the court today they explained that the system is basically the same apart from the form 4 that is now called form EAC2

However it is still heavily sided towards the bailiffs

It was a girl in my case of 12 years old who made the compliant and when at court she would have been on her own against professional council No Legal Aid Available

On the first hearing the council for the bailiff presented costs of over 2k to the little girl

This was rejected after statements made from procedure explaining that cost can not be awarded in a complaint as it was not a court case

I understand some judges get this wrong

It was the council from Marston's who directed the judge

Lucky for her I was able to afford legal fees

Even still the judge was unsure of the law and was lead by Marston's council who had dealt with lots of complaint before this one being the first he lost

In the Judges ruling he followed county court procedure


This was in correct and the young girl is appealing to have the correct expenses paid and redness for the young girl (Mark Scott the bailiff) brought to tears

This should have been done from the bailiff bond and compensation should could of been automatic

However the judge did not award full costs and the bailiff was not ordered to pay the costs from his bond

The court today told me the procedure is the same apart from the name of the complaint form as I say is called EAC2

I am waiting for an appointment with MP Mark Lancaster

His office tell me he has been inundated with complaints against Marston's in Milton Keynes South wish me luck


Never heard of writing to a judge

[Guest]

Re: form 4 has a new name today

I am unsure what is being said in the above, but just for the point of clarity. There is no doubt that the court can award costs in a form 4 hearing, and that either party can employ representatives to help and that this may create further costs.

There have been many cases where this has happened and it is not open to argument.

Taking out a form 4 complaint needs careful consideration, and the breach must be severe if the court is expected to remove the bailiffs license and find for the debtor.

I am unsure if the situation has changed, as far as I know the new procedure(if any) has yet to be published, Milo would be the one to ask, if she does not know then no one does, and I suspect that once the information is available and verified to be correct it will be posted on here. Until then I would hang fire on believing anything I hear IMO.

[russelldash]

Re: form 4 has a new name today

The information has come direct from Oxford Combined Court this morning after asking for the correct form to complain about a bailiff for a 3rd party

Once this form arrives I will post a copy for all to see it

Most Judges are blind to procedures in these matters

Costs should be awarded and compensation to the person who made the complaint

However it is said I will find out where when I see Chelsea solicitor later today and also post a copy Expenses can not be made to the bailiffs as it is not a court case

This paper goes on to say as read in court the reason for this is that it would defer people from making a EAC2 complaint
Please Note
IT IS NOT A COURT CASE
if you make a complaint to a governing body Expenses to do so is not an option
Some judges have in the pass awarded this But is wrong as the new system will find out
Trust this help you to understand a bit better I will post the relevant section once I have produced it to the MP Mark Lancaster

[BeagleyBailiff]

Re: form 4 has a new name today

Have a read of the 70th Update in THIS LINK . It is a change in the Civil Procedure Rules which actually came into force yesterday.

[ThinkOutsideTheBox]

Re: form 4 has a new name today

Form EAC2 - Download Link

[Milo]

Re: form 4 has a new name today

The main difference that we have with the new regulations is that the statutory regulations now CLEARLY state that courts can indeed make an order for costs against the person making the complaint if the complaint does not disclose reasonable grounds or is an abuse of the courts process.

If these regultions had been introduced two years ago there would have been no need at all for the Government to have considered awarding costs against debtors. Sadly, there are so many complaints that have little merit at all and are issued for the wrong reasons. Form 4 Complaints should only ever be made in cases where the person making the complaint considers that the bailiff f is not a 'fit and proper' person to continue holding a bailiff certificate.

The position with 'Form 4' complaints in the past 2 years has been made significantly worse by a number of websites that actively encourage debtors to file Form 4 complaints for reason that are frankly worthless. One particular website even boasted a few months ago that they had 'sold' over 1,200 'Form 4 Packs' (very likely to be untrue given that there are only 1,500 bailiffs in the entire UK!!!

The other point with the new form is that complaints should only be made where the bailiffs 'fitness' (to hold a certificate) is challenged.

Complaints will also be heard in only about 20 locations and there will shortly (we are assured) be Judges trained in such matters. The same Judges will also be the ones approving bailiff certificates.

[Milo]

Re: form 4 has a new name today

As I have pointed out on another forum recently, a debtor unfortunatly took advice from a website and filed a Form 4 Complaint and lost the case a few weeks ago at Torquay & Newton Abbot County Court. He was ordered to pay the bailiffs legal costs of over £4,000. It was simply tragic.

Thankfully the word 'Form 4' was abolished on 6th April.

[Milo]

Re: form 4 has a new name today

Sorry,

I should mention that there is a REASON why courts consider 'Form 4' Complaints as being litigation and this is discussed in detail in the Judgment from the leading 'test case' by HH Judge Cryan which I provided to the forum a while ago. You can access the Judgement in post number 1 of the following link:

http://www.legalbeagles.info/forums/...m-4-complaints

[Guest]

Re: form 4 has a new name today

Sorry,

I should mention that there is a REASON why courts consider 'Form 4' Complaints as being litigation and this is discussed in detail in the Judgment from the leading 'test case' by HH Judge Cryan which I provided to the forum a while ago. You can access the Judgement in post number 1 of the following link:

http://www.legalbeagles.info/forums/...m-4-complaints

Thanks for that, I had been looking for that case to put on here.