Bailiffs Abandoning Controlled Goods
Bailiffs must adhere strictly to the regulations governing the abandonment of controlled goods. Under Paragraph 54 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and Regulation 38 of the Taking Control of Goods Regulations 2013, goods become classified as abandoned if a Notice of Sale is not provided within the stipulated timeframe or if other conditions are not fulfilled. When these procedures are disregarded, the original owner retains full rights to the goods without facing any criminal liability.
Detailed Explanation with Legal Analysis
Rules for Bailiff Actions on Abandoning Controlled Goods
Paragraph 54 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, alongside Regulation 47 of the Taking Control of Goods Regulations 2013, establishes a clear framework for the steps bailiffs must take when abandoning controlled goods. Goods are deemed abandoned if the bailiff fails to give the debtor a Notice of Sale within 7 clear days, as explicitly mandated under Regulation 38 of the Taking Control of Goods Regulations 2013.
Minimum Period of Notice of Sale
Regulation 38 sets out:
The bailiff is required to provide at least 7 clear days' notice before selling the controlled goods.
A shorter notice period—specifically one day before the sale—is permissible only if extending beyond this period would make the goods unsaleable or cause their value to substantially diminish.
These provisions are intended to protect the debtor's rights, ensuring they have adequate opportunity to settle their debts or otherwise respond before any goods are sold.
Legal Methods for Taking Control of Goods
When a bailiff attends to take control of goods, they must adhere to the methods prescribed in Regulation 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. These methods are:
Controlled Goods Agreement: The bailiff must make a Controlled Goods Agreement, which the debtor must sign.
Clamping the Vehicle: If the vehicle is located on a highway, the bailiff can immobilise it by clamping, but not if the vehicle is on finance.
Removal to a Place of Sale: The goods or vehicle can be physically removed to a place designated for sale.
Securing the Goods on Site: The bailiff can secure the goods or vehicle on the premises where they were found.
Consequences for Improper Procedure
If the bailiff fails to follow any of the outlined procedures, they cannot legitimately take control of the goods. In such instances, any action by the debtor to take back their goods does not constitute an offence under Paragraph 68(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Additionally, Section 3 of the Torts (Interference with Goods) Act 1977 reinforces the debtor's rights in such cases. This ensures the protection of the debtor's ownership rights when the bailiff has not adhered to procedural requirements.
Remedies
If you believe your rights have been breached during the process of goods being taken or abandoned, you are not alone. Such breaches arise under Paragraph 54 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, and Section 3 of the Torts (Interference with Goods) Act 1977. You can recover costs under Civil Procedure Rule 46.5. It's crucial to seek timely legal advice to safeguard your interests and assert your rights. You can make and serve the council with an assessment of damages and request payment within 14 days. Please reach out for a detailed consultation to discuss your situation, evaluate your options, and take appropriate steps towards remedy and resolution.