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?
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.
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:
My point being you do not always have to take control of goods, but when you do you should do it properly.
You can not to take control by:
The Taking Control of Goods Regulations 2013 is very clear on the only ways of taking control:
Enforcement Bailiffs Ltd has over twenty five years experience in the execution of warrants and collection of commercial debt.
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