WARRANT OF CONTROL WARRANT OF CONTROL (ENFORCEMENT STAGE) WITHIN TWELVE MONTHS OF NOTICE TIME 12 MONTHS BEGINNING WITH THE DATE OF NOTICE IS ISSUED TO TAKE CONTROL OF GOODS OR WHERE THE DEBTOR/ EA ENTER INTO AN ARRANGEMENT PRIOR TO TAKING CONTROL – 12 MONTHS FROM THE DATE THE ARRANGEMENT DEFAULTS ANY DAY OF THE WEEK MAY ONLY START TO SEIZE GOODS BETWEEN 6AM – 9PM LOCATION (GOODS WHICH CAN BE ENFORCED UPON) AN EA CAN TAKE CONTROL OF GOODS (PROVIDED THEY ARE NOT EXEMPT) ANYWHERE IN ENGLAND AND WALES, IF LOCATED; o o AN EA MAY ENTER PREMISES TO SEARCH FOR AND TAKE CONTROL OF GOODS IF IT IS A PLACE WHERE THE DEBTOR o o CONTROLLED GOODS AGREEMENT ON A HIGHWAY ON PREMISES THAT THERE IS A POWER TO ENTER USUALLY LIVES CARRIES ON A TRADE OR BUSINESS SECURING GOODS ON PREMISES REMOVE GOODS AND SECURE ELSEWHERE SECURE GOODS ON A HIGHWAY WARRANT OF CONTROL (ENFORCEMENT STAGE): £235.00 (UP TO £1500.00)* + 7.5%* (ON BALANCE) FOR MORE INFORMATION ON FEES SEE PAGE 18 EXEMPT GOODS: Tools of the trade - to an aggregate value of £1350.00 Disabled badge displayed – and the vehicle used for, or reasonable grounds to believe used for carriage disabled person ©Copyright County Enforcement Group 2014 WARRANT OF CONTROL (ENFORCEMENT STAGE) KEY POINTS AND CHANGES The court may order that the period is extended for a further 12 months if satisfied that the applicant has reasonable grounds for not taking control of goods during the initial 12 months Any day of the week can be used to seize control of goods however there is now a new time requirement between 6am and 9pm. It may be acceptable to operate outside the set times with an order from the court. It also may be deemed acceptable to operate outside of 6am and 9pm if the enforcement agent starts taking control of the goods at a time permitted yet it was reasonable to continue into the restricted hours. EXCEPTIONS Where Court Orders define the manner in which goods are to be seized Trade or business premises – any hours where the premises are open for the conduct of trade or business The EA has commenced taking control of goods GOODS The EA may seize the debtors goods, which includes goods of any description, including those in which he has an interest Only goods to the value of the debt and costs can be taken into control. If there are insufficient goods of a lower value available, then a higher value item may be taken. VULNERABILITY: “A vulnerable customer is one who by virtue of their personal situation; personal characteristics, or the conduct of creditors and their agents is unable to understand, engage or participate in the recovery process” The regulations do not prevent enforcement where there is evidence of a vulnerability rather they seek to ensure that escalation does not occur unless advice has been obtained. Additionally the EA must provide a provision to rewind the process to the compliance stage; this process will act as a cap on fees unless the vulnerable debtor as been given the opportunity to seek advice. ©Copyright County Enforcement Group 2014 ©Copyright County Enforcement Group 2014
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