Guidance Notes

Introduction

These guidance notes - available both to CIVEA members and members of the public, supplement our 

‘Code of Conduct and Good Practice Guide’

They are designed to address discrete issues which have arisen on the proper interpretation and implementation of: 

  • The Taking Control of Goods Regulations 2013
  • The Taking Control of Goods (Fees) Regulations 2014 
  • Civil Procedure Rules: Parts 75 (Traffic Enforcement), 83 (Writs and Warrants – General Provisions) and 84 (Enforcement By Taking Control of Goods).

 

Core aims

The guidance stems from the key features of the clear and straightforward framework developed for our industry as part of the Tribunals, Courts and Enforcement (TCE) Act 2007 and amended through the Crime and Courts Act 2013 which are:

• A clear, three-stage enforcement process that sets minimum time periods and clear, fixed fees set out in statute by the Ministry of Justice for each stage.

The fees - as set out in statutory regulations, are weighted to incentivise cases being settled at the earliest stage of enforcement, before a visit is made to a property. This process is communicated to debtors in statutory notices they receive so they are aware of how the matter will develop if left unresolved, encouraging them to make payment earlier, and helping to reduce the number of door-step visits.

• An extended compliance stage before goods can be seized. 

Providing debtors with a minimum of seven clear days, allowing additional time to make payment and breathing space to seek advice.  

• An enhanced and compulsory certification process for enforcement agents.

Including mandatory training and competency requirements, to ensure all enforcement agents meet the required standard and have the expertise required to handle vulnerable debtors. 

• A simplified process for taking control of goods.

For those cases that do escalate, the new regulations have streamlined the process for goods to be seized, with a clear and transparent list of items that can and cannot be taken. 


It is intended that these notes will provide clarification on a number of issues which have caused confusion amongst those engaged in enforcement, whether as enforcement agents or debt advisers, as well as the general public.  

Please click on the following to read the Guidance Notes: