Taking Control of Goods Regulations: Statutory Notices
The Taking Control of Goods Regulations 2013 provide that bailiffs/enforcement agents must only use specific statutory notices when writing or visiting a debtor. Below you will find a link to each statutory notice and a short explanation. It is important to stress that each of the following statutory notices are prescribed by law and must be provided.
Notice of Enforcement
Of all the statutory notices, this is the most important one. This notice must provide the amount of the debt and the relevance Compliance Stage fee of £75. The Notice of Enforcement must state the precise date (and time) by which the amount due must either be paid in full or a payment arrangement set up. If the amount due remains unpaid, or an payment arrangement is not set up by the date specified, a bailiff/enforcement agent will make a personal visit to the property and may seize (take control of) your belongings.
The notice must also outline the additional fees and expenses that may be applied if payment is not made by the date specified. Details on how to pay (with the opening hours and days) together with the contact details for the enforcement company must be provided.
A copy of the Notice of Enforcement can be seen here.
Controlled Goods Agreement
By entering into a Controlled Goods Agreement you will be able to continue to use the goods listed but you need to be aware that you are acknowledging that the goods listed are under the ‘control’ of the bailiff/enforcement agent until the amount outstanding (including bailiff fees) is paid in full.
The Controlled Goods Agreement must state that if you fail to stick to the terms of the agreement the goods may be removed and sold. This will incur a further fee.
The Controlled Goods Agreement must be signed by the debtor, a person authorised by the debtor or a person ‘in apparent authority’. The Agreement must provide a detailed description of the items (eg: computer, television, car etc) together with the make and model (if known) and the relevant serial number, colour and any identifying marks.
A copy of the Controlled Goods Agreement can be seen here.
Warning of Immobilisation
This notice must be provided if the bailiff/enforcement agent has fitted a clamp to a motor vehicle. This notice only needs to be signed by the enforcement agent.
A copy of the Warning of Immobilisation can be seen here.
Notice of Intention to re-enter premises
This notice will be sent when there has been a failure to keep to the payment terms under the Controlled Goods Agreement and the notice is to advise that the bailiff intends to re-enter the premises to either inspect the goods or more commonly, to remove them for sale. This Notice must provide details of the Controlled Goods Agreement and outline how the agreement has failed.
A copy of the Notice of Intention to Re-Enter Premises can be seen here.
Notice after Entry or Taking Control of Goods (on a highway) and Inventory of Goods Taken into Control
This notice will advise of the action taken by the bailiff/enforcement agent to enter premises or to take control of a vehicle on a highway.
Details of how to make payment, and the date and time by which the payment has to be made must be included. The goods will be released on payment in full (or may be released if you have signed a payment arrangement with the enforcement agent). This notice only requires the signature of the bailiff/enforcement agent.
A copy of the Notice after entry or Taking Control of Goods (On a Highway) can be seen here.
Notice that goods have been removed for storage or sale
This notice must be provided when goods are actually removed and must outline all the fees charged to date, including any ‘expenses’ and the daily or weekly storage fee. Payment in full will avoid the sale of the goods and the goods may be collected. This notice only requires the signature of the bailiff/enforcement agent.
A copy of the Notice of Goods Removed can be seen here.
This notice is to advise that goods have been taken into control and once again, only needs to be signed by the bailiff/enforcement agent.
A copy of the Inventory can be seen here.
Notice of Sale
This notice must be provided prior to the sale the goods and must provide the name of the co-owner (if applicable), the details of all fees charged (including any expenses). Daily storage charges must also be listed. The notice must provide the date, time and place of the proposed sale. If payment in full is made, the goods can be collected. The notice must list the goods (model, serial number etc) and must also provide a valuation. The sale is conditional on the reserve price being met. If this condition is not met, a new time and place of sale must be given in a further notice.
A copy of the Notice of Sale can be seen here.
Notice of Abandonment of Goods
This notice will tell you that goods listed have been formally abandoned and that you may collect the goods. The reason for abandonment will be because the debtor or co-owner was not given notice of the sale within the period required by law. Goods must be collected within 28 days of the date provided.
A copy of the Notice of Abandonment of Goods can be seen here.