Rules for taking control of goods

Key points:

• Bailiffs cannot remove “exempt goods” from a debtor.
• If a bailiff has removed an exempt good, the debtor will need to make a complaint.
• If the debtor is vulnerable, bailiffs should avoid all enforcement until proof of vulnerability has been provided.

When bailiffs take control of goods

Enforcement Agents, formerly known as bailiffs, will take control of goods when a debtor has not paid their debt.

Though it is widely believed that a bailiff will take everything the debtor owns, the reality is that when it comes to taking control of goods, there is a strict set of rules which the bailiffs must follow. These rules determine when and how assets should be removed from the debtor.

This article will discuss the rules of the process of Taking Control of Goods, and what debtors should do if a bailiff has mistakenly removed an “exempt good”.

 

 

Rules for taking control of goods

Vulnerable debtors

By law, a bailiff cannot enforce against a vulnerable debtor. Instead, they are instructed to avoid all enforcement action until proof of vulnerability has been provided – this includes taking control of goods.

This will not only protect the debtor from any further harm, but also the bailiff from any possible allegations. If the debtor cannot provide proof of vulnerability, enforcement will continue.

To find out whether you are a vulnerable debtor, read our article on vulnerable debtors here.

 

Time and days for taking control of goods

Our bailiffs’ working hours are between 6am and 9pm, any day of the week. If a bailiff visits your home outside of these hours, ignore them and make a complaint – they might just be a bogus bailiff!

Read more about identifying bogus bailiffs here.

 

Controlled Goods Agreement 

If the debtor claims that they cannot pay the debt, the bailiff will try to enter a Controlled Goods Agreement with them. This is where the debtor and bailiff will agree to a payment arrangement secured on the debtor’s goods.

 

Exempt goods

A bailiff cannot take everything you own; there are strict rules which outline that “exempt goods” must never be removed by the bailiff. If they are removed, the debtor must make a complaint against the bailiff in order for the goods to be returned.

Below is a list of exempt goods:

 

1) Tools of the trade

Bailiffs cannot remove items deemed necessary for the debtor’s job, profession, or educational study, unless they are valued over £1,350.

 

2) Basic domestic needs

Bailiffs cannot remove items which are necessary for basic domestic needs such as food, clothing, bedding, furniture, microwaves, washing machines, and any medical equipment.

 

3) Third-party items

Bailiffs cannot remove items belonging to someone other than the debtor.

If a bailiff has mistakenly removed an item not belonging to the debtor, the third party will need to make a third-party claim to the bailiff within seven days.

This claim must include the claimant’s name, address, and evidence proving ownership of the goods.

 

4) Items bought on finance

Items bought on finance are classed as third-party goods, therefore the bailiff cannot remove them.

If a bailiff has mistakenly removed an item bought on finance, the third party will need to make a third-party claim to the bailiff within seven days.

 

5) Blue Badge and Motability Scheme vehicles

Bailiffs cannot remove vehicles which have a valid Blue Badge or are part of the Motability Scheme. This is because Blue Badge vehicles are used to help vulnerable people travel about, and vehicles bought under the Motability Scheme are classed as third-party goods.

If a bailiff has mistakenly removed a vehicle under the Motability Scheme, the third party will need to make a third-party claim to the bailiff within seven days.

 

How to make a complaint

At Frank G Whitworth, we take our complaints seriously. If you wish to make a complaint against one of our bailiffs, just follow the steps in our complaint’s procedure.

Once your complaint has been received, a thorough investigation will be carried out by the Compliance Team, and you will receive a reply within fourteen days.

 

Have another question?

Why not see our FAQ page on debt recovery, or get in touch with a member of our team using the contact details below.