What can and cannot be seized by an enforcement agent?

by David Asker

10:05 AM, 5th November 2018
About 2 years ago

What can and cannot be seized by an enforcement agent?

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What can and cannot be seized by an enforcement agent?

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.

Contact The Sheriffs Office

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