The Law
Regulation 14 of the Taking Control of Goods Regulations 2013
A controlled goods agreement is an agreement between the enforcement agent and the debtor. The goods seized shall remain in the debtor's possession on condition the sum must be paid according to the terms specified on the agreement.
The law says the controlled goods agreement is void if:
- It was signed by a child
- Signed by a person without the debtor's permission
- Signed by an employee not authorised to sign on behalf of the debtor
- Signed by any person who appears to the enforcement agent to be unauthorised or unable to understand the agreement
Regulation 15 prescribes a list of particulars and conditions the controlled goods agreement must comply with for the agreement to be legally valid. Generally, they are:
- Signed by the enforcement agent
- Signed by the debtor or an authorised adult
- Written or printed on paper
- Correctly shows the name and address of the debtor
- Correctly dated
- Includes a reference identifying the debt
- Names the persons entering into the agreement
- Has a working 24/7 contact phone number for the enforcement agent
- Items are listed with details such as:
- Manufacturer, model and serial numbers
- If a vehicle: make, model, registration, and colour
- Other identifying characteristics
- Agreed terms for debt repayment
- Correct sum due
This is what the prescribed controlled goods agreement should contain. Example
If the document fails to comply with any of the above, it is void.
If goods have already been taken or sold, you can recover them or claim the replacement cost plus damages for the unlawful deprivation of use.
The enforcement agent will have to restart the enforcement process and cannot break entry to access new goods to make a fresh controlled goods agreement.
You should make a formal complaint and a letter before action addressed to the council, court or creditor enclosing the sworn statement of truth. Request a refund and, if applicable, that all goods or vehicles be returned at their expense.
Formal complaint letter and "letter before action": these are your "grounds" for your complaint.
If you do not get a refund or the goods/vehicle returned, you can recover the replacement cost through court. Use this template claim for non-compliance with Regulation 13:
Claim particulars to start a claim in the small claims court using a Form N1
If the debt is an unpaid magistrates' court fine, the defendant is always "The Secretary of State for Justice", 102 Petty France, London SW1H 9AJ. The litigation team will handle your claim. You cannot sue HM Court Service as it is a government agency.
See the procedure for making a small claim in the small claims court.
You can also make a formal complaint against the bailiff using the Form N1 particulars as the details of your complaint.
If Your Goods Are Seized for Someone Else's Debt
Make a third party claim.
Paragraph 60 of Schedule 12 and Regulation 48 of the Taking Control of Goods Regulations 2013 provide the basis.
If you are the owner of levied goods, you can make a third party claim. Note the risk of being made to pay the other party's costs if unsuccessful. You might prefer to bring a claim in the small claims track using section 3 of the Torts (Interference with Goods) Act 1977, which allows you to claim the replacement cost and betterment value.
The creditor's identity and the court that administered the debt must be disclosed on the Regulation 6 Notice of Enforcement. If this notice was not given, the seizure is illegal.
For debts not enforced by High Court Enforcement Officers, make a formal complaint to the issuing court. A sworn statement of truth should be made by the goods' owner. See this template.
For High Court Enforcement Officers, the regulations do not provide a formal procedure for complaints of irregular distress. Use the same template mentioned above.