Bailiffs And Exempt Goods

In brief

An enforcement agent may take control only of goods that are not exempt, subject to the statutory scheme. Paragraph 11 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 and regulation 4 of The Taking Control of Goods Regulations 2013 contain the principal rules.

Jurisdiction: England and Wales. Explore the Controlled goods, exemptions and ownership topic hub.
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An enforcement agent may take control only of goods that are not exempt, subject to the statutory scheme. Paragraph 11 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 and regulation 4 of The Taking Control of Goods Regulations 2013 contain the principal rules.

Work, study and education equipment

Regulation 4(1)(a) of The Taking Control of Goods Regulations 2013 exempts items or equipment—including a vehicle—only where they are necessary for use personally by the debtor in the debtor's employment, business, trade, profession, study or education. The aggregate value of the items to which that exemption is applied must not exceed £1,350. The statutory exceptions in regulation 4(2) of The Taking Control of Goods Regulations 2013 must also be checked.

Basic domestic needs

Regulation 4(1)(b) of The Taking Control of Goods Regulations 2013 separately protects clothing, bedding, furniture, household equipment, items and provisions reasonably required to satisfy the basic domestic needs of the debtor and household. The £1,350 aggregate cap in regulation 4(1)(a) does not apply to this separate basic-domestic-needs category.

Other categories in regulation 4 of The Taking Control of Goods Regulations 2013 include assistance dogs and domestic pets, qualifying vehicles displaying a valid disabled person's badge, emergency-service vehicles and qualifying health-emergency vehicles.

Evidence

For a work-vehicle claim, evidence should address both statutory elements: personal necessity and value. Relevant material may include employment or trading records, appointment or delivery records, insurance use, mileage evidence, equipment carried, the availability of realistic alternatives, photographs, condition, mileage, and reliable comparable sale evidence. Online listings are evidential material only; they do not produce an automatically conclusive valuation.

Formal claim after removal

Rule 85.8(1) of The Civil Procedure Rules 1998 requires the debtor to give the enforcement agent written notice of a claim to exempt goods as soon as practicable and, in any event, within seven days of removal. The notice must state the debtor's full name and address for service, list the goods claimed, and give the grounds of exemption for each item.

Rule 85.8(2) to rule 85.8(4) of The Civil Procedure Rules 1998 then provides a sequence of three days for the enforcement agent to notify the creditor and other claimants, seven days for them to admit or dispute the claim, and three days for the enforcement agent to notify the debtor of the response.

If the claim is disputed, rule 85.9 of The Civil Procedure Rules 1998 governs the court procedure. Missing a deadline can have serious consequences; it should not be assumed that a different cause of action automatically bypasses Part 85 of The Civil Procedure Rules 1998.

Legal correction: the seven-day longstop in rule 85.8(1) of The Civil Procedure Rules 1998 runs from removal of the goods, not merely from the earlier act of clamping or otherwise taking control.

Template: Notice Of Claim To Exempt Goods.

Primary and official sources linked on this page

These links are included to make the underlying legal or official source material easier to verify.

Bailiff Damaged Your Car After Removing ItOnce controlled goods are removed, the enforcement agent owes express statutory duties concerning their care, condition and storage.Bailiffs And Controlled Goods AgreementsA controlled goods agreement is one of the statutory ways in which an enforcement agent may take control of goods.Bailiff Failed To Give You A ValuationCompleted listings and dealer or auction comparables may be useful evidence, but they are not automatically conclusive.Making A Third-Party Claim To Controlled GoodsParagraph 10 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 provides that an enforcement agent may take control only of goods of the debtor.Protecting your goods and vehicle lawfullyUse lawful exemptions, ownership evidence and court procedures; do not hide, transfer or interfere with goods once they are bound by an enforcement power.