Complaints procedure

Before you make a complaint

First, ask yourself whether your complaint is really about the actions of the Strikes Enforcement Officer, an Enforcement Agent, or a member of staff acting on their behalf — or any other member of the Strikes Property Services team.

If you are the debtor, keep in mind:

• When a Writ (the Court’s order for the High Court Enforcement Officer to act) has been issued, 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 Officer. Once the writ is issued, the Enforcement Officer, through his Agents, must try to collect the money owed as soon as possible.
• If your complaint is that you do not owe the money, or that the creditor has refused your offer to pay by instalments, you should seek independent advice on how to protect your position.
• Consider whether the role was carried out under the Taking Control of Goods Act, or a High Court Writ of Possession or Control. If not, the matter falls outside the enforcement industry.

If your complaint falls outside the work or legislation of the enforcement industry — that is, it wasn’t a role or instruction carried out by someone acting as an Enforcement Agent or High Court Enforcement Agent — it will still be handled through this procedure, but outwith the National Standards for Enforcement Agents.

Making your complaint

Please include the time and date the incident occurred, where relevant, along with any other supporting information.

• Make your complaint as soon as possible.
• Keep a copy of it — you may need it for future reference.
• Make sure it contains all the evidence you have.

What happens next

1. Acknowledgement Your complaint is acknowledged on the day it is received, if that’s a working day — or on the next working day if received while the office is closed.
2. Review Your complaint is handled initially by Jennie Heggie and/or Janet Morris. A record is made, and a report is requested from the High Court Enforcement Agent, Enforcement Agent, or member of staff concerned.
3. Decision Once the report is received, your complaint and the report are reviewed to decide whether the complaint appears justified. You’ll be told the decision by email or post within 14 days.
   Extensions: if more time is needed — for example, to review footage, or due to sickness or annual leave — the total timeframe will not exceed 30 days.
4. Outcome If your complaint is found to be justified, you’ll be told what is proposed to be done about it.

If you disagree with the decision

Do I have to accept it as final?

No, you do not. If you’re unhappy with the decision, you can ask for the complaint to be reviewed:

• By the Authorised High Court Enforcement Officer, Mr Andrew McDermott, if the agent’s role was under a High Court Writ.
• By our external Solicitors, if the role was under any other capacity.