What can and cannot be seized by an enforcement agent?
By David Asker on
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The taking control of goods regulations 2013 outlines what can and cannot be taken control of as part of a controlled goods agreement. You can view the complete legislation here.
Once a debtor has signed the controlled goods agreement, any items listed cannot be sold, moved or given away.
The controlled goods agreement will include the following information
- Debtor name and address
- Date and reference number of the agreement
- Contact details for the enforcement agent
- A detailed inventory of items
- Name of people entering into the agreement
- Payment terms that have been agreed
What cannot be seized
- Tools of the trade below the value of £1,350
- Household items needed to satisfy basic domestic needs. This includes items such as cookers, fridges, beds, lamps, a telephone,
- Any item or equipment for care of a disabled person or a child under the age of 18
- A vehicle for the use of a disabled person or a vehicle displaying a blue badge
- Any goods which are premises and the home of the debtor such as a caravan
- Any goods proved to belong to a third party
- Pets or guide dogs
- Anything being paid for as part of a finance agreement (unless there is agreement from the finance company)
- Perishable items such as food and flowers
The HCEO can seize the following items
- Any tools of the trade over the value of £1,350
- Any item that is worth more than the value of the debt (the item will be sold at auction and the balance returned to the debtor)
- A car or vehicle owned by the debtor
- Cash
- Jewelry and art
- Boats and aircraft
- Wine and alcohol
- Livestock and farm animals
- Handbags (eg high-quality “designer” editions)
- Watches
- Jointly owned property (for example goods owned by a married couple)
This list is not exhaustive and other items of value may be listed in a controlled goods agreement.
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David Asker
David is an authorised High Court Enforcement Officer and our Director of Corporate Governance