Debt should not have been referred to bailiffs

What happened

Mr A committed a driving offence. He was not told about the hearing and so did not attend. The judge ordered him to pay a fine. Mr A complained to HM Courts & Tribunals Service (HMCTS) that he did not know about the hearing. HMCTS responded to Mr A's letter saying that the fine was still payable and that he should contact it to arrange payment. However, HMCTS had also referred the matter to bailiffs for enforcement action. Mr A said that while he was still appealing the decision, HMCTS did not stop the bailiffs visiting him and did not tell him how to get the judgment cancelled until some months later.

What we found

Had HMCTS responded properly to Mr A's complaint that he was not aware of the hearing, the matter would never have been referred to the bailiffs for enforcement action. Mr A found the bailiff's visit particularly distressing because he was a vulnerable person in a remote area, who was wary of interaction with organisations. HMCTS's complaint handling was extremely poor and caused Mr A frustration, inconvenience and a loss of faith in the system.

Putting it right

HMCTS apologised to Mr A and paid him £500.