Bailiffs And Controlled Goods Agreements
A Controlled Goods Agreement is a legally regulated contract between a bailiff and a debtor, permitting the debtor to retain the use of their goods in exchange for a commitment to pay the debt according to a set payment plan.
The authority to establish a Controlled Goods Agreement is prescribed by Paragraph 13(4) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Its contents must comply with Regulation 15 of the Taking Control of Goods Regulations 2013 to ensure its legal validity.
A valid Controlled Goods Agreement must include the names and signatures of both the bailiff and the debtor, a comprehensive inventory of the goods with detailed descriptions, manufacturer details, serial numbers, and for vehicles, registration, colour, and condition. It should also provide a clear payment schedule for debt repayment.
The Schedule to the Certification of Enforcement Agents Regulations 2014 provides a recommended format for a Controlled Goods Agreement.
The inventory must comply with Regulation 33 of the Taking Control of Goods Regulations 2013, specifying the required written content.
If the bailiff has someone other than the named debtor on the Warrant or Liability Order sign the Controlled Goods Agreement, the agreement is invalid, and the goods are not lawfully controlled goods; likewise, if the Agreement is not compliant with any of the above.