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Abandoned levy, sometimes called "Levy Abandonment"

Paragraph 54 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and regulation 47 of the Taking Control of Goods Regulations 2013 sets the rules bailiffs must follow when he abandons controlled goods.

Goods also become abandoned if the bailiff does not give a Notice of Sale within 7 clear days. Regulation 38 of Taking Control of Goods Regulations 2013 states:

Minimum period of notice of sale

38.—(1) Subject to paragraph (2), the minimum period of notice of the date, time and place of sale required by paragraph 40 of Schedule 12 is 7 clear days before the sale of the goods.

(2) Notice may be given on the day before the sale of the goods where, if the sale were to take place after the expiry of the period of time referred to in paragraph (1), the goods would become unsaleable, or their sale value would be extinguished or substantially reduced due to the nature or any characteristic of those goods.

 

When a bailiff attends and to take control of goods, he must complete:

i) The bailiff makes Controlled Goods Agreement AND you must sign it.

ii) If the vehicle is on a highway, he can clamp it

iii) Remove the goods (or vehicle) to a place of sale 

iv) secure the goods or vehicle on the premises he found them

The law is regulation 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 which states:

13(1)To take control of goods an enforcement agent must do one of the following—

(a)secure the goods on the premises on which he finds them;

(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

(c)remove them and secure them elsewhere;

(d)enter into a controlled goods agreement with the debtor.

If one of the above is done, then the bailiff can give notice he is abandoning them under regulation 47.

If none of the above was done:

The goods are still yours and you are free to take them away, and you are not guilty of an offence under paragraph 68(2) of Schedule 12 Tribunals, Courts and Enforcement Act 2007.