How do I go about making a complaint?
First, ask yourself if your complaint is really about the actions of the enforcement agent or any other member of Proserve. In our organisation the duties and responsibilities are delegated to enforcement agents, who carry out the work under a Warrant of Control in the case of Penalty Charge Notices or in the case of a High Court Writ under delegation of Authorised Enforcement Officer. To clarify your complaint should be against an individual Enforcement Agent, a creditor or Proserve itself. If it against the creditor this should be directed to them.
Remember, If you are the debtor:
When a Writ of Control (the court’s order for the High Court Enforcement Agent 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 how it should be paid, not the High Court Enforcement Agent. Once the writ has been issued, the High Court Enforcement Agent must try to collect money owed as soon as possible. When a Warrant of Control is issued it is an instruction from the court to seize your assets in order to raise funds to clear the debt. For a full explanation you can read Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
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 the Creditor:
Please make sure that your complaint concerns something which is within the High Court Enforcement Agent’s or Certificated Enforcement Agent’s legal powers to do. If you still wish to continue, the following pages will answer some of the questions you may have about the process.
Is there a special form for making a complaint?
No, there isn’t. We ask you put your complaint in writing and send it to Proserve Debt Recovery & Bailiff Services Ltd, Somerset House, 30 Wynnstay Road, Colwyn Bay, Conwy, LL29 8NB.
Please be sure to include the time and date when the incident complained of occurred, where this is appropriate and any other relevant information
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
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 Mr Phil Williams, the person responsible for handling complaints. A record will be made of your complaint and he will ask for a report from the person or persons concerned. Once this is received he will consider your complaint and the report and decide whether or not your complaint appears to be justified. You will be told of the decision 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 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 Managing Director.
How do I ask for a review?
Enclosed with the initial 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 relevant report and Mr Williams’ decision will be passed to the Managing Director for consideration. You will be sent a letter setting out the Managing Director’s decision within 7 days of receipt of your request for a review.
If the Managing Director decides 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 make a complaint about the Enforcement Agent to the County Court that granted their certificate. You can make a complaint about the company to the Ombudsman or to the creditor. It is the right of any person or persons who feel they have been treated unlawfully to make a complaint. It is worth noting however that before escalating a complaint to this level consideration should be given to the nature of the complaint in order to ensure it is genuine and not simply a feeling of grievance that a court order has been issued and enforced. Making a complaint via County Court is a serious matter and, if unsuccessful can lead to considerable costs against the complainant.