Questions and Answers
The rules called the 'Taking Control of Goods Regulations 2013' apply in Scotland.
False
A 'child' under these regulations is defined as anyone under 18 years old.
False
Controlled goods are defined in a specific section of the Tribunals, Courts, and Enforcement Act 2007.
True
A 'disabled person' is defined as someone with any form of disability, including mental health issues.
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Tools or equipment necessary for the debtor's work can be seized if their total value exceeds £1,350.
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An enforcement agent is someone who is authorized to take control of goods.
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Certain household items like a refrigerator are exempt from seizure under these regulations.
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The sum outstanding refers only to the principal amount owed without interest.
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A 'creditor' is defined as anyone owed money under these regulations.
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Older persons are defined as anyone 60 years or older in these regulations.
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Vehicles used for police, fire, or ambulance services can be seized to settle a debt.
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Goods that serve as a person's primary home are subject to seizure.
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The debtor must receive at least 7 clear days’ notice before any seizure occurs.
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Sundays and holidays are counted as part of the 7 clear days' notice period.
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A notice of seizure must include the debtor's name and details about the debt.
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Notice of seizure can only be delivered in person and not by post or email.
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Goods must be seized within 6 months of the notice being issued.
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Goods cannot be seized if ONLY a child is present in the premises.
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Once the debtor breaks a repayment plan, goods can be seized regardless of the time limit.
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Enforcement agents can seize goods in use, regardless of the situation.
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Study Notes
Taking Control of Goods Regulations 2013
- Effective from April 6, 2014, these regulations apply specifically in England and Wales.
- Governed by the Tribunals, Courts, and Enforcement Act 2007.
General Definitions
- "Controlled goods": Defined in a specific part of the Act.
- A "child" is defined as anyone under 16 years old.
- "Clear days": Days counted excluding the start day and event day.
- "Commercial Rent Arrears Recovery" (CRAR): A process for landlords to reclaim unpaid rent.
- "Creditor" and "debtor": Defined roles regarding money owed; creditor is owed money, debtor owes money.
- "Disabled person": Someone with significant impairments (e.g., blindness, deafness).
- "Enforcement agent": Authorized individual to take control of goods as per the Act.
- "Net unpaid rent": The amount still owed by the debtor.
- "Notice of enforcement": Formal notice required before goods can be seized.
- "Older person": Defined as anyone aged 65 years or older.
- "Premises": Refers to any property pertinent to the regulations.
- "Reference number": Unique identifier assigned to the debt.
- "Sum outstanding": Total amount owed including interest and additional costs.
- "Taking control of goods": The act of seizing goods under the authority given by the Act.
Application of Rules and Exempt Goods
- Regulations apply when seizing and selling goods under the authority of the Act, across all cases unless otherwise specified.
Exempt Goods from Seizure
- Goods that cannot be seized include:
- Tools and equipment necessary for work or education valued up to £1,350.
- Basic household items for daily living (e.g., cooker, refrigerator, washing machine, beds).
- Assistance dogs, pets, and vehicles for disabled individuals.
- Vehicles used in emergency services (police, fire, ambulance).
- Certain exemptions do not apply for government or tax-related debts.
- Goods that serve as a person's primary residence are also exempt from seizure.
Procedure for Taking Control of Goods
-
Notice Period: Debtor must receive at least 7 clear days' notice prior to seizure; specific days like Sundays and holidays are excluded.
- Courts may shorten this notice if goods are at risk of being moved or disposed of.
Notice Requirements
- Must include in writing:
- Debtor's name and address.
- Reference number associated with the debt.
- Details regarding the debt and payment instructions.
- Deadline to pay to avoid seizure.
Delivery of Notice
- Notice can be delivered through post, fax, email, or hand delivery by the enforcement agent or their office.
Time for Seizing Goods
- Seizure must occur within 12 months of the notice unless a repayment plan is in effect and subsequently broken; courts can extend this term by an additional 12 months under specific conditions.
Restrictions on Seizing Goods
- Goods cannot be seized if:
- The debtor is a child.
- Only children or vulnerable persons are present.
- Goods are on certain types of premises during emergency periods.
- Goods are being used in a way that might breach peace at the time of intended seizure.
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Description
Test your knowledge on the Taking Control of Goods Regulations 2013, which came into effect on April 6, 2014, specifically in England and Wales. This quiz will cover essential definitions and key aspects of the rules as outlined in the Tribunals, Courts, and Enforcement Act 2007.
