Form 4 complaints and complainants being order to pay costs

[Guest]

There is a myth doing the rounds which originated in an editorial published by the ACEA as it was then known.

The myth is echoed by a poster on the CAG forums presented as fact.

I asked ACEA to provide evidence their members have obtained costs orders against complainants in a Form 4 complaint hearing, but they were unable to provide any.

I asked a contact at HMCS for copies of text of costs orders made against complainants, she could find no cases of complainants being ordered to pay the complainees (the bailiff) costs.

Anyone have any comments?

[labman]

Re: Form 4 complaints and complainants being order to pay costs

Useful to know and quite right. Why should complainants incur costs?

[Guest]

Re: Form 4 complaints and complainants being order to pay costs

I have drafted dozens of Form 4's and never received an order for costs against the complainant, some were for CAG forum members.

A forum poster on CAG tried to convince me that complainants have been ordered to pay costs, but was unable to show compelling evidence, and a legal professional confirmed and no such court procedure exists.

The CAG poster claims to be a professional adviser, but it appears to be sourced exclusively by ACEA and more recently CIVEA.

http://www.civea.co.uk/news-6.htm

There is still a trump card to play, is anyone up for a laugh?

[BAILIFFCHASER]

Re: Form 4 complaints and complainants being order to pay costs

I have drafted dozens of Form 4's and never received an order for costs against the complainant, some were for CAG forum members.

A forum poster on CAG tried to convince me that complainants have been ordered to pay costs, but was unable to show compelling evidence, and a legal professional confirmed and no such court procedure exists.

The CAG poster claims to be a professional adviser, but it appears to be sourced exclusively by ACEA and more recently CIVEA.

http://www.civea.co.uk/news-6.htm

There is still a trump card to play, is anyone up for a laugh?

Default Form 4 Complaints and updated guidance from HMCS regarding potential COSTS against the claimant !!!!

There have been various comments from posters on the forum claiming that costs cannot be applied to claimants when submitting a Form 4 Complaint to the court. I have disputed this many times, and hopefully, from reading Page 8 of the following updated guidance from HMCS (EX345) you will see that I am correct. The paragraphs are as follows:



http://hmctscourtfinder.justice. gov.uk/courtfinder/forms/ex345_e.pdf


Before you submit a Form 4 complaint, you should seek legal advice on what the procedure involves and its potential consequences for you in terms of costs.


After the hearing, you and the bailiff involved in the complaint will be sent a copy of the outcome. It will set out the judge’s decision and any order for costs


Any way here is what the poster is saying and what has been said previously on the thread.

[charitynjw]

Re: Form 4 complaints and complainants being order to pay costs

I couldn't get the above link to work - have found this

http://hmctscourtfinder.justice.gov....ms/ex345_e.pdf

[Guest]

Re: Form 4 complaints and complainants being order to pay costs

Its in the new Court Service guide : http://www.legalbeagles.info/forums/...ad.php?t=32491

[razorsfishing]

Re: Form 4 complaints and complainants being order to pay costs

Hi.I am about to submit a form 4.We have had to put the bailiff company on the form as they have refused to give the name of the bailiff .I have tried to pm you but cannot for some reason and i hope to put it into my local court next week.As you have a lot of experience with this Happy Contrails i need some advice.Is it at all possible that you could pm me with a number i could contact you on for advice.I am presently injured so talking is nmuch easier than trying to type all of it on here.I would really appreciate some help and advise from you. Regards Razorsfishing