The Taking Control of Goods Regulations provide that bailiffs/enforcement agents only use specific statutory notices when writing or visiting a debtor. Below you will find a link to each of the statutory notices 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, the Notice of Enforcement is the most important one. It will come from the enforcement agency and you will only be sent ONE notice. You will not be sent a reminder. The Notice of Enforcement must state the amount of the debt and will include a Compliance Stage fee of £75. This notice must provide 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 (including the Compliance fee of £75 remains unpaid, or an payment arrangement is not set up by the date specified, a bailiff/enforcement agent will make a personal visit to your property. He may seize (take control of) your belongings. Here is a copy of the Notice of Enforcement
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 either 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. Here is a copy of the Controlled Goods Agreement
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. Here is a copy of the Warning of Immobilisation
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. Here is a copy of the Notice of Intention to Re-Enter Premises
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 in rare circumstances, may be released if you enter into a payment arrangement with the enforcement agent). This notice only requires the signature of the bailiff/enforcement agent. Here is a copy of the Notice after entry or Taking Control of Goods (On a Highway)
Notice that goods have been removed for storage or sale
This notice must be provided when goods are actually removed. This notice must outline the fees charged to date including any ‘expenses’, and the daily or weekly storage fee. Payment in full (including any storage charges) will avoid the sale of the goods and the goods may be collected. This notice only requires the signature of the bailiff/enforcement agent. Here is a copy of the Notice that Goods have been Removed for Storage or Sale
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. Here is a copy of the Inventory
Notice of Sale
This notice must be provided prior to the sale your goods and must provide the name of the co-owner (if applicable), and 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 may 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. Here is a copy of the Notice of Sale
Commentary from Bailiff Advice Online
If you have any queries about any of the statutory notices (or failure to receive one of the notices) please feel free to contact us. You can email a question to us using our online Enquiry Form. Alternatively, can contact our helpline. Details are on our Contact page.
Lastly, our Simplified Guide to the Taking Control of Goods Regulations 2013 can becan be read here.