Podcast
Questions and Answers
What happens to abandoned goods if the debtor does not collect them within 28 days?
What happens to abandoned goods if the debtor does not collect them within 28 days?
- The court can order their disposal (correct)
- They revert to the original owner
- They are automatically auctioned off
- They must be stored indefinitely
What is the minimum requirement for a landlord to exercise Commercial Rent Arrears Recovery (CRAR) as defined under section 77?
What is the minimum requirement for a landlord to exercise Commercial Rent Arrears Recovery (CRAR) as defined under section 77?
- A minimum of net unpaid rent (correct)
- At least one month's rent
- Only if there was prior notice given
- Any outstanding amount owed
What should an enforcement agent do when a debtor claims their goods were illegally taken?
What should an enforcement agent do when a debtor claims their goods were illegally taken?
- Follow the process outlined in relevant regulations (correct)
- Ignore the claim and proceed with recovery
- File a counter-claim with the court
- Immediately return the goods to the debtor
Under what condition may a sale of controlled goods be held outside a public auction house?
Under what condition may a sale of controlled goods be held outside a public auction house?
What must an enforcement agent do if a debtor does not collect controlled goods within 28 days?
What must an enforcement agent do if a debtor does not collect controlled goods within 28 days?
In what situation does Part 6 apply?
In what situation does Part 6 apply?
What is the primary purpose of the regulations under the Tribunals, Courts and Enforcement Act 2007?
What is the primary purpose of the regulations under the Tribunals, Courts and Enforcement Act 2007?
What must an enforcement agent do before taking control of goods?
What must an enforcement agent do before taking control of goods?
During what circumstances is control of goods not to be taken according to the regulations?
During what circumstances is control of goods not to be taken according to the regulations?
What is the significance of the Schedule 12 procedure under the Act?
What is the significance of the Schedule 12 procedure under the Act?
What defines 'goods' in the context of these regulations?
What defines 'goods' in the context of these regulations?
What aspect of the enforcement process does Part 2 of the regulations address?
What aspect of the enforcement process does Part 2 of the regulations address?
What is the enforcement agent required to do regarding the timing of taking control?
What is the enforcement agent required to do regarding the timing of taking control?
What is the minimum notice period required for an enforcement agent to notify a debtor before taking control of goods?
What is the minimum notice period required for an enforcement agent to notify a debtor before taking control of goods?
Which of the following events does NOT count in the calculation of the notice period for enforcement?
Which of the following events does NOT count in the calculation of the notice period for enforcement?
What can the court do regarding the notice period for enforcement?
What can the court do regarding the notice period for enforcement?
Which of the following is NOT considered an exempt good when occupied as a principal home?
Which of the following is NOT considered an exempt good when occupied as a principal home?
What is the purpose of notification before taking control of goods?
What is the purpose of notification before taking control of goods?
Which of the following acts involved amendments that impact the notification process?
Which of the following acts involved amendments that impact the notification process?
What is the relevance of a Sunday or bank holiday in the notice period?
What is the relevance of a Sunday or bank holiday in the notice period?
Which of the following statements is accurate regarding enforcement agents?
Which of the following statements is accurate regarding enforcement agents?
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Study Notes
Notice Procedures for Controlled Goods
- Notice under regulation 8(1) is mandated for informing debtors prior to taking control of goods.
- Debtors must collect controlled goods within 28 days; failure results in the enforcement agent applying to court for disposal instructions.
- Possible court orders include:
- Extended collection period for debtors.
- Donation of goods to a court-nominated charity or destruction.
- Specification of collection and subsequent donation/destruction if uncollected.
Third Party Claims on Controlled Goods
- Applicants can contest control over goods taken from debtors, asserting ownership.
- Claims must be directed to the court for review and determination.
Valuation and Payment Procedures
- Underpayments must be addressed through an independent valuation by a qualified valuer.
Regulatory Framework Overview
- Regulations establish procedures for controlling goods under the Tribunals, Courts and Enforcement Act 2007.
- The framework aims to facilitate debt enforcement through controlled goods sales, replacing previous distress methods.
Exemptions and Protective Measures
- Certain goods are exempt from enforcement, notably those classified as necessities of life and items like person-occupied houseboats.
- Vulnerable groups, including children, are protected; enforcement agents cannot take control in their presence.
Enforcement Procedures
- Minimum notice period for enforcement is set at 7 clear days, excluding Sundays and public holidays.
- Courts may authorize a shorter notice period if deemed necessary.
Sale of Controlled Goods
- Enforcement agents can propose alternative sale methods, including private contracts and sealed bids, subject to court approval.
- Public auctions for controlled goods must occur in auction houses or online platforms; exceptions apply for business premises.
Documentation and Notification
- Enforcement agents must provide comprehensive written notification to other creditors involved in a debtor's enforcement process, including all necessary references and court applications.
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