A controlled goods agreement is a legal contract between a bailiff and a debtor enabling the debtor to retain custody of controlled goods, while agreeing not to dispose of them,[1] and to pay the debt owed according to a schedule.[2]
In reality, bailiffs only choose to make a controlled goods agreement as a last resort when they know they cannot otherwise remove goods or take money.
Controlled goods agreements must be in writing, signed by the bailiff and the debtor,[3] and contain the following:[4]
Name and address of the debtor
The date of the agreement
The names of the bailiff and the debtor
Contact phone number, address and when the bailiff may be contacted
List of goods taken with the manufacturer name, model and serial number
If a vehicle, the manufacturer, model, colour and registration
Description, markings including any damage to the goods
The schedule of repayments the debtor must make
A copy of the signed agreement must be given to the debtor or authorised person who signed it.[5]
Any person authorised by the debtor may sign a controlled agreement, except a child, and anyone who does not understand the terms of the agreement.[6]
If any controlled goods agreement is not compliant with all of the above, the bailiff has not taken control of the goods.[7]
If the debtor is not present, the bailiff must leave a copy of the controlled goods agreement in a conspicuous place in a sealed envelope[8] addressed to the debtor.[9]
[1] Paragraph 13(4) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Paragraph 15(3)(f) of the Taking Control of Goods Regulations 2014
[3] Regulation 15(1) of the Taking Control of Goods Regulations 2013
[4] Regulation 15(3) of the Taking Control of Goods Regulations 2013
[5] Regulation 15(4) of the Taking Control of Goods Regulations 2013
[6] Regulation 14 of the Taking Control of Goods Regulations 2013
[7] Paragraph 13(1)(d) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[8] Regulation 15(5) of the Taking Control of Goods Regulations 2013
[9] Regulation 15(6) of the Taking Control of Goods Regulations 2013
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