Complaints

How to raise a complaint

CIVEA can only deal with complaints which relate to certain types of debt. Please read this information carefully otherwise your complaint could be delayed if you send it to CIVEA and it is not a matter we can consider.

If you wish to complain about an enforcement agent or enforcement company, you must first raise your complaint directly with the company concerned. Each member company has its own internal complaints procedure, and you will need to complete this process first. In most cases, companies will aim to respond in full within 10 working days, but this may take longer if he creditor has different requirements.

Here are some tips on how to make a complaint.

• It can be best to put your complaint in writing. If this isn't something you feel comfortable doing, you could ask a friend, carer, family member or an advice organisation to help you. If you do make a complaint over the telephone, make a note of the date and time of your call and who you spoke to.
• If you are sending a complaint in writing, write "complaint" at the top of your letter and include important details like the reference or account number, your name and address.
• Keep things brief and to the point. Set out the facts clearly and in a logical order. Say why you're not happy and what you expect the company to do about it. This will make it easier for them to consider the details.
• Send copies of any relevant paperwork that you believe supports your case. Keep a copy of any letters between you and the company in case you need to refer to them later.

What CIVEA is unable to do

• CIVEA cannot consider a complaint unless it is made against a member of the association. A list of CIVEA members can be found here.
• CIVEA does not have the legal authority to suspend a warrant or a court order upon which an enforcement company or enforcement agent has been instructed to act. The instigation of CIVEA’s complaints procedure does not put a hold on enforcement action. Enforcement action can continue while CIVEA is investigating a complaint, and this can include the taking control of goods. Only the creditor (local authority or government department) who instructed the enforcement company or agent to act can revoke a warrant or court order or instruct the enforcement company not to act upon it.
• CIVEA is unable to consider complaints about third party organisations. If you have a complaint about a third-party organisation you will need to contact them directly and follow their complaints process, even if the matter is linked to a complaint against a CIVEA member.
• Complaints about breaches of data protection should be referred directly to the Information Commissioner. You can find further details here.
• Complaints which relate to allegations of a criminal nature cannot be considered by CIVEA and should be referred to the police.
• CIVEA is unable to discuss complaint matters over the telephone and complaints should be sent in writing. This is to ensure that the details of your complaint are accurately recorded and understood which makes it easier in addressing your complaint thoroughly. Please advise if you have a disability, so that we can make reasonable adjustments.
• CIVEA is unable to provide advice on enforcement issues. If you need help, advice or support in dealing with an enforcement company, an enforcement agent or in submitting a complaint, this can be obtained by contacting a local or national advice agency. You can also consider seeking professional legal advice.

If you are unhappy with the enforcement company’s response:

If you are dissatisfied with the enforcement company’s response, CIVEA can consider the complaint if:

1. The type of debt the enforcement company is collecting does not originate from a Local Authority or Transport for London. These include the following types of debts:
   • Non-payment of Council Tax
   • Non-Payment of Non-Domestic Rates
   • Unpaid Penalty Charge Notices issued by a Local Authority or Transport for London, including ULEZ and Congestion Charges

   In such cases, your complaint must be escalated to the Local Authority which has instructed the enforcement company to act, or Transport for London. If you remain dissatisfied with how the Local Authority or Transport for London deal with the complaint, you can ask for your case to be referred to the Local Government and Social Care Ombudsman (LGSCO). This is a free service and is independent of the Local Authority, Transport for London and CIVEA.

2. 2. The complaint does not relate to High Court enforcement. CIVEA is unable to consider complaints about the enforcement of a High Court Writ, or the actions of a High Court enforcement agent, county court bailiff or debt collector. While some of our members also employ High Court Enforcement Agents, there is another professional organisation which represents them. You can find details of the High Court Enforcement Officers Association here where you can also find a full list of their own members and ways to contact them.
3. The enforcement company is a member of CIVEA. A full list of the members of CIVEA can be found here.
4. The complaint was raised with the enforcement company or agent no more than six months from the date of the incident or the last response received from the company or agent. If there has been a long delay in the complaint being sent CIVEA, it may be difficult for us to investigate the complaint because the evidence and information we require may no longer be available.
5. The matter is not subject to an EAC2 complaint against an enforcement agent which has already been submitted to the County Court.
6. You are not seeking compensation from the enforcement company. Claims for compensation is not something CIVEA can consider, and such matters should be referred to the County Court.

What happens next?

• CIVEA will acknowledge your complaint within 5 working days.
• The Chief Executive Officer will then consider the grounds of your complaint and advise on the next steps. If CIVEA decides to investigate the matter further, we may ask you or the enforcement company for more information.
• CIVEA will ask the enforcement company to provide information and evidence about the case, this may include copies of body worn video footage and recorded telephone calls.
• Once the Chief Executive Officer is satisfied that all the information we require has been received, the complaint will be considered by CIVEA’s independent Compliance, Adjudication and Review of Enforcement (CARE) Panel. An investigation takes approximately 4-6 weeks but if there is a delay in providing a response, we will let you know.
• Once the CARE Panel has investigated the complaint, they will write and let you know the outcome . If the complaint is not upheld, you can appeal the decision in writing by explaining your grounds and submitting further evidence to support the issues you have raised.