Bailiffs may not take control of the debtor's goods after 12 months from the date on the Notice of Enforcement.[1]
When the Notice of Enforcement lapses, the property in the debtor’s goods cease to be bound.[2]
If the enforcement power is a writ of control, the property in the debtor's goods ceases to be bound 12 months from the date the writ of control was issued to the bailiff[3] regardless of the issue date on the Notice of Enforcement.[4]
If bailiffs clamp a vehicle or take control of goods after the property in the debtor’s goods have ceased to be bound, the debtor may recover damages,[5][6] or apply for an injunction to recover the clamp the vehicle,[7] and apply for costs.[8][9]
[1] Regulation 9(1) of the Taking Control of Goods Regulations 2013
[2] Paragraph 4(4) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[3] Paragraph 4(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[4] Civil Procedure Rule 83.3(3)
[5] Section 3 of the Torts (Interference with Goods) Act 1977
[6] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[7] Section 4 of the Torts (Interference with Goods) Act 1977
[8] Civil Procedure Rule 44.3
[9] Civil Procedure Rule 46.5
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