Taking control of goods—process once goods are seized
Produced in partnership with Victoria Jones of Freeths
Taking control of goods—process once goods are seized

The following Dispute Resolution practice note produced in partnership with Victoria Jones of Freeths provides comprehensive and up to date legal information covering:

  • Taking control of goods—process once goods are seized
  • What is taking control of goods?
  • What happens once an enforcement agent has taken control of goods?
  • Inventory
  • Valuation and notice of sale
  • Sale of controlled goods
  • Abandonment of controlled goods
  • Third party rights in relation to controlled goods

What is taking control of goods?

On 6 April 2014, provisions came into force for the taking control of goods (TCG) in order to sell them to satisfy a judgment debt or recovery of commercial rent arrears (CRAR). For how this procedure works up to the point when an enforcement agent has entered premises and taken control of goods (including, eg, what goods may be seized) see Practice Note: Taking control of goods—the process up until seizure of goods.

This Practice Note covers the process once the enforcement agent has taken control of goods.

For CRAR specific guidance, see Practice Note: Commercial rent arrears recovery (CRAR).

For judgment debt enforcement guidance, see: Taking control of the debtor's goods—overview.

What happens once an enforcement agent has taken control of goods?

If an enforcement agent removes controlled goods, whether from premises or a highway, they must keep them in a similar condition to that in which they found them.

The process that is then followed (subject to any applications along the way, on which see Practice Note: Taking control of goods—applications (other than for fees)) is generally:

  1. production of an inventory, see: Taking control of goods—process once goods are seized — Inventory

  2. valuation and notice of sale, see: Taking control of goods—process once goods are seized — Valuation and notice of sale

  3. sale of controlled goods, see: Taking control of goods—process once

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