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Controlled Goods Agreement – Everything You Need To Know

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Scott
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Scott Nelson

Managing Director

MoneyNerd’s founder, Scott Nelson, has a decade of financial industry experience, including 6 years in FCA regulated loan and credit card companies. Troubled by a lack of conscience in the industry, he founded MoneyNerd to give genuine advice to those in debt and struggling financially.

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&
Janine
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Janine Marsh

Financial Expert

Janine Marsh is an award-winning presenter and a valuable member of the MoneyNerd team. With a wealth of experience as a financial expert, she's been featured on BBC Radio 4, BBC Local Radio, and BBC Five Live, and is a regular on Co-op Radio.

Learn more about Janine
· Feb 7th, 2024
Could you legally write off some debt? Answer below to get started.

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For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

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For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

Are you worried about a bailiff coming to your home or scared that your things might be taken away? You’re not alone. On our website, over 170,000 people seek guidance on debt solutions each month.

This article will give you clear and simple information about:

  •  What a Controlled Goods Agreement is.
  •  What to do if a bailiff is threatening you.
  •  How to make a repayment plan.
  •  What happens if you don’t sign the agreement.
  •  Where to find professional advice.

We know that dealing with bailiffs and debt can be very hard. But don’t worry, we’re here to help. We have lots of good advice to help you understand and deal with a Controlled Goods Agreement.

Remember, it’s important to know your rights and options. With the right information, you can make the best choice for you.

Let’s dive in and learn about Controlled Goods Agreements together.

Could you legally write off some debt?

There are several debt solutions in the UK, choosing the right one for you could write off some of your unaffordable debt, but the wrong one may be expensive and drawn out.

Answer below to get started.

How much debt do you have?

This isn’t a full fact find. MoneyNerd doesn’t give advice. We work with The Debt Advice Service who provide information about your options.

What is a Controlled Goods Agreement?

A controlled goods agreement is a contract created between the bailiff and the person named on the debt. The purpose of the controlled goods agreement is to allow the debtor the right to keep the goods the bailiff has control of providing they promise to pay off the debt following an agreed payment plan.

If the bailiffs have gained control of your belongings, setting up the controlled goods agreement will help you to keep your things. You must stick to any repayment schedule created or the bailiffs can come and remove the goods on the inventory. Once the bailiffs remove the goods, they will be sold to raise the money needed to clear the debt.

Do I Have to Sign a Controlled Goods Agreement?

You will have to sign a controlled goods agreement for it to be valid. However, you must take your time to ensure the information is correct. Don’t let the bailiff rush you to sign until you have read the inventory list. Check it is accurate and doesn’t contain any items that the bailiffs can’t take. I have more information worth reading about dealing with bailiffs, and it’s important to know what a bailiff can’t take from your home. Here’s a quick outline:

  • Items that don’t belong to you
  • Your children’s belongings
  • Things that are needed for work or study, to a fixed value of £1350. These items include computers and computer equipment, vehicles, and tools.
  • Mobility vehicles or vehicles with a valid Blue Badge
  • Pets
  • Things you need to live that cover your basic needs

Read all the documentation. Before you sign check the figure shown for the debt you owe. Ensure it’s correct along with any other fees that the bailiffs add. The repayment agreement should be detailed, confirm this is accurate. Finally, check your name and address are right and double-check the inventory for good measure. The agreement doesn’t become valid until you sign it. You can refuse to sign if any of the information is incorrect.

How a debt solution could help

Some debt solutions can:

  1. Stop nasty calls from creditors
  2. Freeze interest and charges
  3. Reduce your monthly payments

A few debt solutions can even result in writing off some of your debt.

Here’s an example:


Situation

Monthly income £2,504
Monthly expenses £2,345
Total debt £32,049

Monthly debt repayments

Before £587
After £158

£429 reduction in monthly payments

If you want to learn what debt solutions are available to you, click the button below to get started.

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What if I’m a Vulnerable Person?

Before you start addressing the notice of enforcement, you should know that if you: 

  • Are disabled in any way or extremely ill
  • Suffer from any kind of mental illness 
  • Have children or are pregnant 
  • Are under the age of 18 or over the age of 65
  • Are dealing with a stressful situation such as the death of a loved one or unemployment 
  • Don’t speak English very well 

You are considered a vulnerable person. This means that any bailiffs will have to follow some additional rules to ensure their visit is as easy on you as possible.

Furthermore, if any of these conditions apply to you, you can get more time to deal with the notice of enforcement. You can also get more time if the notice of enforcement was not sent to you properly by the bailiff.  

If you fall into any of the above categories, you need to either tell the bailiffs yourself or get a relative or carer to do it for you. You can then contact the bailiff by phone or by post. I have a free letter template that you can use to explain your situation.

When you speak to the bailiffs, you need to:

  • Tell them that you’re vulnerable
  • Explain why you would find dealing with bailiffs more difficult than other people in the same situation
  • Ask them to stop any visits in the future because it will cause harm and distress to you
  • Tell them if a letter or a visit could make your situation worse – this could be the case if you have a mental health problem or a heart condition, for example.

Make a note of what you agree with the bailiffs about future contact. This will make it easier to argue with them if they don’t stick to this new agreement, or if you need to make a complaint.

Can a Bailiff Take My Belongings if I Don’t Sign the Controlled Goods Agreement?

Bailiffs can take your belongings if you don’t sign the controlled goods agreement. You don’t have to sign the controlled goods agreement if you don’t agree to the repayment schedule or the inventory. You can also refuse if any of the information is incorrect.

Breach of Controlled Goods Agreement

You become in breach of a controlled goods agreement if you fail to follow the payment plan created in the contract. If you breach the contract the bailiffs will turn up at your home to take the goods on the inventory. The bailiffs must give you 2 days’ notice if they intend to come and re-enter your home.

You’ll be informed via a notice of intention to re-enter. Check the notice contains the correct information. It should have your correct name and address and tell you how you breached the controlled goods agreement. If you find a mistake you must contact the bailiff company immediately.

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Can a Bailiff Force Entry if I Breach the Controlled Goods Agreement?

Bailiffs can use reasonable force to enter your home if you breach the controlled goods agreement. If you don’t let them in, they can use a locksmith to gain entry. They aren’t allowed to break down the door or smash windows to get in.

Can I Stop the Bailiffs After a Notice of Intention to Re-Enter?

You might be able to stop bailiffs from coming to your home after a Notice of Intention to Re-enter is received. Contact the bailiff company as soon as you get the notice. Explain why you missed the payment due and request more time to pay. You could also make a new offer to repay the debt. They don’t have to agree, but it is worth trying. You can also contact a debt advisor if the bailiffs refuse to give you time.

Read the articles I’ve suggested below to learn more about bailiffs and your rights. Contact a debt advisor if you are struggling with bailiffs to gain support and knowledge to help protect you.

Could you legally write off some debt?

Answer below to get started.

How much debt do you have?

This isn’t a full fact find. MoneyNerd doesn’t give advice. We work with The Debt Advice Service who provide information about your options.

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The authors
Scott Nelson Profile Picture
Author
MoneyNerd’s founder, Scott Nelson, has a decade of financial industry experience, including 6 years in FCA regulated loan and credit card companies. Troubled by a lack of conscience in the industry, he founded MoneyNerd to give genuine advice to those in debt and struggling financially.
Janine Marsh Profile Picture
Debt Expert
Janine Marsh is an award-winning presenter and a valuable member of the MoneyNerd team. With a wealth of experience as a financial expert, she's been featured on BBC Radio 4, BBC Local Radio, and BBC Five Live, and is a regular on Co-op Radio.