The rules for taking control of goods
Quality Bailiffs Ltd
High Court Enforcement and Enforcement Agents. Same day Nationwide Service. As seen on BBC 1's The Sheriffs are Coming
Key points:
When bailiffs take control of goods
Enforcement Agents, formerly known as bailiffs, will take control of goods when a debtor has not paid their debt.
Though it is widely believed that a bailiff will take everything the debtor owns, the reality is that when it comes to taking control of goods, there is a strict set of rules which the bailiffs must follow. These rules determine when and how assets should be removed from the debtor.
This article will discuss the rules of the process of Taking Control of Goods, and what debtors should do if a bailiff has mistakenly removed an "exempt good".
Rules for taking control of goods
Notice of Enforcement ?
Before a bailiff can take control of goods, a Notice of Enforcement must first be served to the debtor’s address; this will be served either by hand or via the post.
This notice allows the debtor ten days to pay the debt and will be live for twelve months from the date it is served. The bailiff can visit at any point until then; if the bailiff visits after this twelve-month period, the debtor should make a complaint against them.
On the other hand, if the debtor has entered a Controlled Goods Agreement with the bailiff which they later breach by missing a payment, for example, this twelve-month expiry period will start again from the date the breach was made.
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Vulnerable debtors
By law, a bailiff cannot enforce against a vulnerable debtor. Instead, they are instructed to avoid all enforcement action until proof of vulnerability has been provided – this includes taking control of goods.
This will not only protect the debtor from any further harm, but also the bailiff from any possible allegations. If the debtor cannot provide proof of vulnerability, enforcement will continue.
If you are a vulnerable debtor who is struggling to pay off a debt, we recommend that you visit the Citizens Advice website for more information on debt solutions.
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Time and days for taking control of goods
Our bailiffs’ working hours are between 6am and 9pm, any day of the week. If a bailiff visits your home outside of these hours, ignore them and make a complaint - they might just be a bogus bailiff!
Read more about identifying bogus bailiffs here.
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Controlled Goods Agreement
If the debtor claims that they cannot pay the debt, the bailiff will try to enter a Controlled Goods Agreement with them. This is where the debtor and bailiff will agree to a payment arrangement secured on the debtor’s goods.
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Exempt goods
A bailiff cannot take everything you own; there are strict rules which outline that “exempt goods” must never be removed by the bailiff. If they are removed, the debtor must make a complaint against the bailiff in order for the goods to be returned.
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Below is a list of exempt goods:
1)?????Tools of the trade
Bailiffs cannot remove items deemed necessary for the debtor’s job, profession, or educational study, unless they are valued over ￡1,350.
2)?????Basic domestic needs
Bailiffs cannot remove items which are necessary for basic domestic needs such as food, clothing, bedding, furniture, microwaves, washing machines, and any medical equipment.
3)?????Third-party items
Bailiffs cannot remove items belonging to someone other than the debtor.
If a bailiff has mistakenly removed an item not belonging to the debtor, the third party will need to make a third-party claim to the bailiff within seven days.
This claim must include the claimant’s name, address, and evidence proving ownership of the goods.
4)?????Items on finance
Items bought on finance are classed as third-party goods, therefore the bailiff cannot remove them.
If a bailiff has mistakenly removed an item bought on finance, the third party will need to make a third-party claim to the bailiff within seven days.
5)?????Blue Badge vehicles
Bailiffs cannot remove vehicles which have a valid Blue Badge or are part of the Motability Scheme. This is because Blue Badge vehicles are used to help vulnerable people travel, and vehicles bought under the Motability Scheme are classed as third-party goods.
If a bailiff has mistakenly removed a vehicle under the Motability Scheme, the third party will need to make a third-party claim to the bailiff within seven days.
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How to make a complaint
At Quality Bailiffs, we take our complaints seriously. If you wish to make a complaint against one of our bailiffs, just follow the steps in our complaint’s procedure.
Once your complaint has been received, a thorough investigation will be carried out by the Compliance Team, and you will receive a reply within fourteen days.
Instruct our High Court Enforcement Officers, today!?
For more information on High Court Enforcement, visit?our website?or get in touch using the contact details below!
Certificated Enforcement Agent Specialist in Business Turnaround and Restructuring
2 年Craig Webb I think you are making my argument for me, my point was simple someone who had been in the business of a few months is not as experienced as an agent who has been doing the job for years. From the companies perspective the newbie is doing the same job. Welcome to talk anytime.
Certificated Enforcement Agent Specialist in Business Turnaround and Restructuring
2 年Craig Webb I am not saying things have not improved over the years, however the only qualification for holding a certificate is a level 2 NVQ. Enforcement is not simple it’s a very complex process. At present it is possible to attend an online course or a company training scheme and in very little time at all, be certificated, and out there knocking on doors. This has led to an almost Chern and burn situation, where Enforcement Agents are not valued by the companies as they are easily replaceable.
Certificated Enforcement Agent Specialist in Business Turnaround and Restructuring
2 年Craig Webb it is an unfortunate fact of life that a significant number of Enforcement Agents are not fully aware of the extent of their powers. The qualification required to hold a certificate, a tick box level 2 NVQ is woefully inadequate. This is something that undoubtedly the Enforcement Conduct Board will consider.
Certificated Enforcement Agent Specialist in Business Turnaround and Restructuring
2 年There are a few Bailiffs that need to read this, a very simple explanation of what Bailiffs can remove and what they can’t.