Podcast
Questions and Answers
The rules referred to are called the 'Taking Control of Goods Regulations ______.'
The rules referred to are called the 'Taking Control of Goods Regulations ______.'
2013
These rules only apply in ______ and Wales.
These rules only apply in ______ and Wales.
England
'The Act' refers to the Tribunals, Courts, and Enforcement Act ______.
'The Act' refers to the Tribunals, Courts, and Enforcement Act ______.
2007
'CRAR' stands for Commercial Rent Arrears ______.
'CRAR' stands for Commercial Rent Arrears ______.
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A 'child' is anyone under ______ years old.
A 'child' is anyone under ______ years old.
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Certain goods belonging to the debtor cannot be ______, such as tools or equipment necessary for work.
Certain goods belonging to the debtor cannot be ______, such as tools or equipment necessary for work.
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Basic household items needed for daily living include a cooker, refrigerator, washing machine, and ______.
Basic household items needed for daily living include a cooker, refrigerator, washing machine, and ______.
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'Assistance dogs, pets, and vehicles used by disabled people' are examples of goods that are ______ from seizure.
'Assistance dogs, pets, and vehicles used by disabled people' are examples of goods that are ______ from seizure.
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Vehicles used for police, fire, or ambulance services are for ______ emergencies.
Vehicles used for police, fire, or ambulance services are for ______ emergencies.
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Goods that are also a person's primary ______ cannot be seized.
Goods that are also a person's primary ______ cannot be seized.
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The debtor must be given at least 7 clear days' ______ before goods can be seized.
The debtor must be given at least 7 clear days' ______ before goods can be seized.
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Certain days like Sundays and ______ don’t count towards the notice period.
Certain days like Sundays and ______ don’t count towards the notice period.
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The notice must include details such as the debtor’s name and ______.
The notice must include details such as the debtor’s name and ______.
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Notice can be given by post, fax, email, or ______.
Notice can be given by post, fax, email, or ______.
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Goods must be seized within 12 months of the ______ unless a repayment plan is in place.
Goods must be seized within 12 months of the ______ unless a repayment plan is in place.
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Goods cannot be seized if the debtor is a ______.
Goods cannot be seized if the debtor is a ______.
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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
This quiz provides an overview of the Taking Control of Goods Regulations established in 2013, applicable in England and Wales. Test your understanding of key definitions and provisions within the regulations, including terms like 'controlled goods' and 'co-owner'.
