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Sale of Controlled Goods Abandonment of Goods Exempt Goods Carole Kenney

Sale of Controlled Goods Abandonment of Goods Exempt Goods Carole Kenney Audit & Compliance Director JBW Group. Exempt Goods Items or equipment necessary for personal use by the debtor in the debtor’s employment, business, trade, profession

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Sale of Controlled Goods Abandonment of Goods Exempt Goods Carole Kenney

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  1. Sale of Controlled Goods Abandonment of Goods Exempt Goods Carole Kenney Audit & Compliance Director JBW Group

  2. Exempt Goods • Items or equipment necessary for personal use by the debtor in the debtor’s employment, business, trade, profession study or education – maximum £1,350. • Clothing, bedding, furniture, household equipment meeting basic living needs of the debtor. • Assistance dogs, guard dogs, domestic pets • Vehicle with disabled badge, BMA badge, vehicle for use by police, fire or ambulance service. • Items for the care of a person under 18, disabled or elderly

  3. Cannot take control of goods where: “an item which belongs to the debtor is in use by any person at the time which the enforcement agent seeks to take control of it, the enforcement agent may not do so if such action is in all the circumstances likely to result in a breach of the peace.” “in use” means that the item is in the hands of, or being operated by, the person. “a child or vulnerable person is the only person present”

  4. n Sale of Controlled Goods • Minimum period before sale – 7 clear days • Notice of sale – Detailed requirements • Co-owners • Any change – new notice to be issued. • Valuation • Methods of sale – public auction or court application to consider alternative methods. • Place of sale – public auction or internet auction site or business premises • Conduct of sale – Qualified auctioneer or independent auction provider (online)

  5. Abandonment of Goods • EA intent or failure to follow process? • If notice not given as prescribed! • Service of notice – method / proof? • If goods are unsold after notice of sale • “Enforcement power ceases to be exercisable” – goods to be made available for collection by the debtor. • Immobilisation devices on vehicles to be released on collection (written notice if removed from where found) • Application to court if not collected after 28 days for direction on disposal

  6. Cost/Disbursements? • Sale Stage • Administration • Valuation • Storage – 3rd party claims (28 days) • Application to Court (disposal of abandoned goods) • Application to Court (exceptional costs) • Proceeds of sale – 50/50

  7. Summary • Common sense, clear, transparent • Areas open to abuse? • Administrative burden • Process fail = severe consequences • Exceptional Costs • Court application process

  8. Thank you! Questions?

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