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The law:
Regulation 26 of the Taking Control of Goods Regulations 2013
The law prescribes a list of particulars and conditions the Notice of Re-Rentry must comply with for the notice to be legally valid, generally they are:
The debtor's name is correct
The debtor's address is correct
Reference number identifying the debt
The identity of the Controlled Goods Agreement this notice applies to
Details of the repayment terms are specified
It explains accurately honestly why the debtor failed to comply with the terms of the Controlled Goods Agreement.
It shows the sum due
It explains how the debtor can pay the sum
It has a working 24/7 contact number for the Enforcement Agent
It says the Enforcement Agent may use "reasonable force" to take goods
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.
Make a "letter before action", these are your "grounds" for your claim.
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 on 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.
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