The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
The power and process to seize a judgment debtor's goods and sell them to satisfy a judgment debt are set out in the Tribunals, Courts and Enforcement Act 2007 (TCEA, 2007), Part 3 and sch 12.
The detail of the 'taking control of goods' ('TCG') procedure is then set out in:
The Taking Control of Goods Regulations 2013, SI 2013/1894
The Taking Control of Goods (Fees) Regulations 2014, SI 2014/1
The above set out the procedure and fee recovery in respect of taking control of goods:
to satisfy a judgment debt; and
under the CRAR (commercial rent arrears recovery) procedure (with additional material being contained in TCEA 2007, ss 71–87 and The Taking Control of Goods Regulations 2013, SI 2013/1894, Part 7)
For guidance on the operation of the Taking Control of Goods (Fees) Regulations 2014 see Practice Note: Taking control of goods—fees of the enforcement agent.
This Practice Note considers how some of the applications regarding disputes as to fees are to be dealt with. All applications under the TCG procedure are to be made using CPR 23 as modified by CPR 85.
For guidance on other applications that may arise in connection with the TCG procedure, see: Who can make an application under the Taking Control of Goods (TCG) procedures? and
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