When do you Take Control of Goods?

 

Background

We are nearly two years since the implementation of the Tribunals Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013 along with supporting regulations. They came into effect 6th April 2014.

Despite rigorous training programs and Enforcement Agents (Bailiffs) having to gain a level 2 qualification not everyone is doing the job right?

When do you Take Control of Goods?

This is particularly relevant when it comes to taking control of goods. Not all Enforcement Agents (Bailiffs) are getting this right.

Some are either stuck in the past and keep thinking they are ‘Levying distress’, or they just don’t understand the requirements of the regulations.

The issue

Sometimes we visit debtors that have had visits from other Enforcement Agents (Bailiffs) regarding others debts, and the debtor thinks that the previous Enforcement Agents (Bailiffs) have taken control of their goods.

However, in some cases, when we examine the circumstances we often find they have not taken control of the goods.

The debtor is not aware that the (not so) new regulations do not require Enforcement Agents (Bailiffs) to take control of goods in order to charge fees simply to attend.

Taking control of goods should be done only if it is needed. For example:

  • There is sufficient goods to pay off a large proportion of debt plus fees,
  • To stop other Enforcement Agents (Bailiffs) forcing your debtor to pay them first, or
  • To formalise and secure an agreement.

My point being you do not always have to take control of goods, but when you do you should do it properly.

How not to take control of goods

You can not to take control by:

  1. Just writing list on any form
  2. Verbally telling a debtor or marking up goods
  3. Writing or typing an agreement out on paper

Ways in which control of goods can be taken

The Taking Control of Goods Regulations 2013 is very clear on the only ways of taking control:

  1. By entering a controlled goods agreement signed by appropriate person on the correct form
    1. A Controlled Goods agreement Form
  2. By securing the goods on part or all of the premises and completing the correct form
    1. Notice after entry or taking control of goods (on a highway)
  3. By attaching an immobilisation device and completing the correct forms
    1. Warning of immobilisation,
    2. Notice after entry or taking control of goods (on a highway) and if it’s then removed, Notice that goods have been removed for storage or sale
  4. By removing the goods for safe keeping and completing the correct forms
    1. Notice after entry or taking control of goods (on a highway),
    2. Notice that goods have been removed for storage or sale

We can help

Enforcement Bailiffs Ltd has over twenty five years experience in the execution of warrants and collection of commercial debt.

London & South
0208 090 2439
Midlands & Wales
01733 306 462
Northern England
01325 526 127

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