applying to the county court to have a bailiffs certificate removed

Has anybody working in money advice ever applied to have a bailiff’s certificate to operate removed by applying to the county court on the basis that they are not fit persons to hold a certificate?
The debt advice handbook gives a fair bit of information about this, but (typically) gives almost no information at all about what law governs the process. Essentially, it tells you it is possible but doesn’t explain how to go about it.
I ask because I have had constant complaints about a particular firm of bailiffs who issue letters to debtors which are designed to misrepresent what powers the bailiffs have and intimidate the debtor into paying the entire debt at once. The firm is contracted to collect council tax for a local authority. The local authority has replied to our complaint by quoting the bailiff’s reply, (the bailiffs sent us the same reply direct) which is along the lines of, “our letters are not intended to mislead your client has misinterpreted them. ” We have quoted the letters back at them to prove there is only one way they could be interpreted, and the local authority said their contract manager will raise the issue at his next scheduled meeting with the bailiffs firm. But unless the bailiff’s firm changes the wording of its letters it looks like we are going to have to make good on our threat to apply to have their certificate removed. I am seeking more information so I can figure out how to do this successfully.

Have done so twice.  In both cases the application was unsuccessful but the bailiffs dropped their demand for fees so was worth doing.

Thanks. But how did you do it? What court form did you use and what law covers it?

Just wrote to the County Court which granted the Bailiff’s’ certificate..

That’s all? No court hearing? Well. I might have to give it a try. Thanks for the information.

The ‘complaint’ would end up as a mini-trial before a district judge.

As the ‘complaint’ if made out will result in the bailiff losing his means of earning his or her living a hearing is likely. The bailiff is likely to have legal representation. Witnesses will be cross-examined.

If the application is dismissed your client could be liable to pay the bailiff’s legal costs of defending the complaint - as in a normal civil trial.

So it is not really accurate to describe this as a ‘complaints’ procedure’ in the normal sense of the word.

So the stakes can be high if the ‘complaint’ is not resolved / settled without the need for a hearing.

Thanks. I will make sure any ‘complaint’ is thoroughly documented to increase the chances of succeeding in court, but since all of my clients are legally aided, costs will not be too much of an issue.

The rules, such as they are, can be found in Distress for Rent Rules 1988 (SI 1988/2050) as amended.  See ‘Green Book’ for commentary.