Regulation 14 of the Taking Control of Goods Regulations 2013

The law:

A Controlled goods agreement is an agreement between the enforcement agent and the debtor, the goods seized shall remain in the debtors possession on condition the sum must be paid according to the terms specified on the agreement.

The law says the Controlled Goods Agreement is void if:

1. It was signed by a child

2. Person without the debtors permission to sign

3. Employee not authorised to sign on behalf of the debtor

4. Any person who appears to enforcement agent is Unauthorised to sign or unable to understand the meaning of the agreement.

Regulation 15 prescribes a list of particulars and conditions the controlled agreement must comply with for the agreement to be legally valid, generally they are:

The Enforcement Agent has signed it
The debtor or adult person authorised by the debtor has signed it
The document written or printed on paper
The name of the debtor shown correctly
The address of the debtor is correct
It is correctly dated
It has a reference identifying the debt
It has the names of the persons entering into the agreement
It has a 24/7 contact phone number for the Enforcement Agent and is working
All items listed are particularised with the following:
- Manufacturer, model and serial numbers of goods
- If a vehicle, its manufacturer, model, registration and colour
- Other identifying characteristic of the goods
The agreement gives the agreed terms for the debt to be repaid
It gives the correct sum due

This is what the prescribed Controlled Goods Agreement should contain and what it should look like. Example

If the document fails to comply with any of the above, it is void.

If goods have already been taken or sold then you can recover them, or claim the replacement cost of them plus damages for the unlawful deprivation of their use.

The Enforcement Agent will have to re-start the enforcement process all over again and cannot break entry to access new goods with intent to make a fresh Controlled Goods Agreement.

You make a formal complaint and a letter before action addressed to the council/court or creditor enclosing the above sworn statement of truth. You ask for everything to be refunded and where applicable, all goods/vehicle be returned at their expense.

Formal complaint letter and "letter before action", these are your "grounds" for your complaint.

If you do not get a refund (or goods/vehicle is returned - then you recover the replacement cost of them through the courts), start the court proceedings, this is a template claim particulars for making a claim for non-compliance with Regulation 13 of the Taking Control of Goods Regulations 2013.

Claim particulars to start a claim in the small claims court using a Form N1

If the debt is an unpaid magistrates' court fine, the defendant is always named "The Secretary of State for Justice" 102 Petty France, London SW1H 9AJ. The litigation team will handle your claim on behalf of HM Court Service. You cannot sue HM Court service because it is a government agency.

See the procedure for making a small claim in the small claims court.

You can also make a formal complaint against the bailiff on these grounds and using the Form N1 particulars (above) as the details of your complaint.

If your goods are seized for someone else's debt then make a Third party claim

Paragraph 60 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and Regulation 48 of the Taking Control of Goods Regulations 2013

If the owner of levied goods wishes to reclaim legal title of his goods then there are two ways it can be done.

The owner can also make a Third party claim but there is a risk of being made to pay costs of the other parties solicitor if the claim is unsuccessful. You might be able to bring a claim in the small claims track using section 3 of the Torts (Interference with Goods) Act 1977 which gives you (the claimant) to choice of claiming the replacement cost of the goods- which gives an opportunity for betterment.

The identity of the creditor who can name the court that administered the debt is required by law, to be provided on the Regulation 6 Notice of Enforcement which would have been given to the debtor. If no regulation 6 notice is given then the taking of the goods is illegal anyway.

For other debts but not including debts collected by High Court Enforcement Officers, the owner of the goods makes a formal complaint to the court that issued the bailiff's certificate and a sworn statement of truth should also be made by the person who owns the goods. Here is a sample template

For High Court Enforcement Officers the regulations do not provide for an official procedure for making a complaint for irregular distress so you can a hand a copy of the above template.