Controlled Goods Agreement

[mikeymack2002]

Those of you that happen to have the Enforcement Agent (EA) and demanding money to clear your debt you really should get to grips with what is a must on these forms, and what happens if you cannot keep to the agreement...

 

 

Please have a read here as it could help you understand CLEARLY what could happen in this case for the link it is here https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/bailiff-has-issued-you-with-a-notice/bailiffs-notices/controlled-goods-agreements-bailiffs/

 

 

As you can see the EA MUST follow a strict regime before a CGA is correct....

 

 

The link has visual forms that you can read now and get to grips with it. Most of all the person signing it must either be you or someone the has your PERMISSION to do so. Whether or not the EA believes that the 3rd party has a verbal agreement that they can sign for you, it does not state that this needs to be in writing, this could cause issues if the other person is your partner. So maybe consider not giving your permission in the first place then the CGA will be void if a 3rd party signs it without permission...

 

 

Finally this

 

 

If a Controlled good agreement doesn't keep to the rules

 

If a controlled goods agreement doesn't keep to these rules, the bailiff won't have control of your belongings and you can do the following:

 

• refuse to let the bailiff in if they try to come back – they won’t be allowed to force their way in
  
• write to the bailiff firm to explain that you will not be making any payments under the controlled goods agreement because it isn’t valid
  
• take the bailiff firm to court to get your belongings back, if they've already been taken.
  

If you’re given a controlled goods agreement that doesn’t keep to the rules, this can give you more time to look at other options to stop the bailiff action, such as:

 

• negotiating with your creditors to pay back what you owe
  
• applying to the court to suspend the bailiff action
  
• choosing a formal debt solution, such as a debt relief order or bankruptcy.
  

Please spend time reading all of the links within the original link it will be of use to you in the long run...

[Bailiff Advice]

 

Please have a read here as it could help you understand CLEARLY what could happen in this case for the link it is here https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/bailiff-has-issued-you-with-a-notice/bailiffs-notices/controlled-goods-agreements-bailiffs/

 

 

If a Controlled good agreement doesn't keep to the rules

 

If a controlled goods agreement doesn't keep to these rules, the bailiff won't have control of your belongings and you can do the following:

 

• refuse to let the bailiff in if they try to come back – they won’t be allowed to force their way in
  
• write to the bailiff firm to explain that you will not be making any payments under the controlled goods agreement because it isn’t valid
  
• take the bailiff firm to court to get your belongings back, if they've already been taken.
  

 

An important subject and one that is greatly misunderstood.

 

Whilst I FULLY SUPPORT the work of Citizen's Advice, there are days when I do despair of the advice that they provide. Today is one such day.

 

If a debtor does not consider that a CGA has been properly set up then surely the correct course of action should be to raise a compaint with the creditor (in most cases the local authority), After all, it is the creditor who is wholly responsible for any wrongdoing by their agent.

 

Secondly, I am surprised at the advice given to 'take the bailiff firm to court' (to get belongings back..if they have been taken). Court action should ALWAYS be a last resort and if there is a dispute about goods taken, the correct course of action is to make representation under CPR 85. Thirdly, a debtor should NEVER take a bailiff firm to court. If court action were ever necessary, any claim should be against the creditor (local authority) and not the bailiff firm.

[mikeymack2002]

This is of concern hence why I posted the links, even though the CAB are good at some things they get it wrong or incomplete. One of my main concerns if these people get it wrong there is really something wrong with the advice that is being touted by a professional company. So what chance has a normal every day person got at getting it right first time ALL of the time.

 

 

Maybe someone should point this error out to the CAB and have it rectified before some poor soul loses a fortune that they cannot afford in the first place.. As far as some of the advice that is correct they really need to sort this out ASAP...

 

 

Yes the EA must make sure the correct information is always entered into the forms, but then saying what they did will cause heartache will it not? As this is advice going against what is supposed to be right!

 

 

But what can one do?

[mikeymack2002]

Ideally I have posted correctly as far as the forms go but where can we stop pointing in the direction that is actually supposed to help the debtor... When they get it wrong?

 

 

Maybe someone with some authority on this subject should approach them and inform them of their content on this particular matter? Not me I am afraid...

[Bailiff Advice]

 

Please have a read here as it could help you understand CLEARLY what could happen in this case for the link it is here https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/bailiff-has-issued-you-with-a-notice/bailiffs-notices/controlled-goods-agreements-bailiffs/

 

 

If a Controlled good agreement doesn't keep to the rules

 

If you’re given a controlled goods agreement that doesn’t keep to the rules, this can give you more time to look at other options to stop the bailiff action, such as:

 

• negotiating with your creditors to pay back what you owe
  
• applying to the court to suspend the bailiff action
  
• choosing a formal debt solution, such as a debt relief order or bankruptcy.
  

.

 

I have concerns too about the above advice.

 

In the vast majority of cases a Controlled Goods Agreement will be in relation to a Liability Order for arrears of council tax. Very rarely do we find a CGA for road traffic debts. Unless the debt is in relation to a CCJ enforced via the High Court there is NO facility whatsoever that allows for a debtor to apply to the court to suspend bailiff action!!!

[mikeymack2002]

What if as you say they are getting confused with HCEO's and other EA's then this is seriously conflicting advice. Either way it could get dreadful very quickly.

[mikeymack2002]

All in all is this thread worrying and should it be removed due to incorrect advice by the CAB? It is going to be very hard to split their advice into a good thread due to the advice and links within their page what to do?

[Bailiff Advice]

All in all is this thread worrying and should it be removed due to incorrect advice by the CAB?

 

No, not at all.

 

You will come across different opinions at all times and it varies from agency to agency. The regulations have only been in place for just 18 months and everyone is entitled to their own interpretation.