Can a Form 4 Complaint be withdrawn

[cb7777]

Simple question, what is the answer? Is there a formal process?

thanks

[unclebulgaria67]

Simple question, what is the answer? Is there a formal process?

thanks

 

Think you would have to negotiate this with whoever you have made the complaint against, which I presume would include you agreeing to pay any costs they had incurred to date. If both parties were not wishing to use the courts time, I guess this is confirmed to the court and it goes no further.

[ploddertom]

Is this related to your original post http://www.consumeractiongroup.co.uk/forum/showthread.php?383617-Help-with-Baliff-PCN-fees&p=4154777#post4154777 ?

 

Have you actually submitted a Form 4 & if so on what grounds?

[wonkeydonkey]

If you can agree with the other party to withdraw the only way to avoid costs (if any) would be by way of a Tomlin Order.

 

This basically is the outline to any agreement reached and often includes the clause 'subject to each party paying their own costs'

 

WD

[cb7777]

No regarding my previous thread I appealed the PCN and Northampton accepted so the fine was reverted to the £30 each.

Since then after being involved and educated to this whole process I have followed the threads and note the Form 4 debate that appeared over this and other similar forums. Just want to understand if ever have this situation again and Northampton are nt so helpful! The whole bailiff area seems a minefield of what is and is nt allowed or even true!

[unclebulgaria67]

No regarding my previous thread I appealed the PCN and Northampton accepted so the fine was reverted to the £30 each.

Since then after being involved and educated to this whole process I have followed the threads and note the Form 4 debate that appeared over this and other similar forums. Just want to understand if ever have this situation again and Northampton are nt so helpful! The whole bailiff area seems a minefield of what is and is nt allowed or even true!

 

A form 4 complaint should only be used where the bailiffs behaviour was so bad that a judge would have evidence put in front of them that would justify the end of the bailiffs career. Ideally you would have filmed evidence and/or good independent witnesses. Without any evidence to support your claim, you might find that the bailiff and their employers will fight your claim, giving evidence which is contradictory to how you saw their visit.

 

The CAG site team have recently posted threads about other ways you can seek redress. e.g issuing a county court claim.

[tomtubby]

By consent a Form 4 Complaint can indeed be withdrawn. However, each case would be on its merits. For instance, one particular forum encourage Form 4 Complaints as a matter of course and in doing so, tend to rely upon citing endless case law that has little or no relevance to the particular debt being enforced.

 

By doing this the bailiff would naturally need to employ the professional services of a solicitor and many times; a Barrister as well and this would incur significant costs.

 

The bailiff will forward his response to the Form 4 Complaint to the court and a copy will also be provided to the person making the Form 4 Complaint and almost always, the bailiff will also provide the court with a statement of the legal fees that have so far been incurred and the likely additional costs if the complain is listed for trial.

 

Given that some forums fail to advise the complainant of the serious risk of a costs order, it will sadly be the case that the person making the complaint will be shocked to read the bailiffs response to the Form 4 complaint and the reality that they could after all be made to pay legal costs and they may then try to withdraw the complaint at this very late stage. Not surprisingly, many bailiffs and their employers will ONLY consent to withdraw at such a late stage on condition that the person making the Form 4 Complaint will pay the legal costs that have so far been incurred.

 

It has to be understood that in making a Form 4 complaint you are requesting the court to make a finding that "the bailiff is not a fit and proper person to hold a bailiff certificate".

 

This is the precise wording from the statutory regulations and many forums continue to "hide" this vitally important sentence from the statutory regulations and thereby encourage debtors to file Form 4 complaints and of course.....to pay their fees for assisting with the Affidavit.

 

Always remember that if the court agreed that the bailiff was "not a fit and proper person to hold a bailiff certificate" the bailiff would IMMEDIATELY be out of work and would not be able to work again as a bailiff.

 

His employment would be finished and this is the reason why all bailiffs will use a solicitor or Barrister to assist them in their response to the Form 4 complaint.