Summary
The conversation discusses the importance of having a valid Liability Order for enforcement actions under the Tribunals Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013. It highlights that a Liability Order must be executed under the courts seal and that certain personal items, including vehicles not used for business, are generally protected from seizure. The 2011 ruling in Andrews & Anor v City of London Corp mandates that enforcement agents provide clear information about the debt and enforcement process. If items are unlawfully taken, individuals can lodge complaints, seek legal action, or report to the police.Full Conversation
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Apologies for the confusion earlier. To clarify your situation, do you have a specific question related to the Taking Control of Goods Regulations * or the validity of a Liability Order?
no
Understood. If you have any questions in the future regarding the Taking Control of Goods Regulations *, Liability Orders, or any other legal matter, don't hesitate to contact us. We're here to help.
what is this stating in laymans term: Furthermore, your vehicle, unless used commercially, should generally be protected under these regulations. Enforcement agents must provide clear information about the debt and enforcement process, as ruled in 'Andrews & Anor v City of London Corp (*)'.
The law mandates a valid Liability Order for such seizures. Non-essential items may be seized, unless essential for your personal use.
In simpler terms, it means:
- Your car should be safe from seizure unless you use it for business.
- Debt collectors must clearly explain the debt and how they'll collect it, as per a * legal ruling.
- Lawfully, a court order is needed for them to take your property.
- They can take non-essential items, but not items you need for personal use.
what are classed as personal use
Personal use items can include those necessary for daily living or work such as clothing, furniture, household equipment, personal documents, tools or equipment for work, or vehicles used for work or essential travel. It ultimately depends on the individual's circumstances.
what happens when the unlawfully take such items or cars
If your items or car have been unlawfully taken, you can:
- Lodge a formal complaint with the enforcement agency.
- Take legal action to claim compensation.
- Report the incident to police if you believe a crime has been committed.
what are the above regulations to abide by
The regulations to abide by include:
- Tribunals Courts and Enforcement Act *
- Taking Control of Goods Regulations *
- The requirement for a valid Liability Order from the court
- The rules regarding what items can be seized and those that are exempt
- The requirement for enforcement agents to provide clear information about the debt and enforcement process.
what is the * ruling
The * ruling you're referring to is likely the case "Andrews & Anor v City of London Corp". In this case, it was decided that enforcement agents must provide clear and comprehensive information about the debt and the process of enforcement to the debtor.
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