What is a controlled goods agreement?
The bailiff will make a list of what things to take if you do not pay the debt. Once they are added to the list, the bailiff has legally ‘taken them into control’.
The list they make is called an inventory.
You can stop them taking your goods into control by paying off the debt. If you cannot do this, you can ask the bailiff to set up a repayment plan. They will most likely ask you to sign a controlled goods agreement. This is you agreeing to the repayment plan.
There are three steps you should take to make a controlled goods agreement.
1. Check the list of items
- Ask the bailiffs to write the model, make and colour of anything they put on the list
- Tell them to cross off anything they are not allowed to take
- If they list anything that is not yours, ask them to write down you don’t own it or to take it off the list
- You will need to prove it is not yours
2. Agree a repayment plan
- Use our handy budgeting tool to help you work out how much you can afford to pay
- Make an offer to the bailiff that you can keep to and show them your budget
- Do not let the bailiff push you into agreeing to repayments you cannot afford, they are not supposed to do this
- If they do, you can complain to The Enforcement Conduct Board
3. Check the agreement is correct
Make sure the agreement shows:
- Your correct name and address
- The correct amount of debt you owe
- Any fees that the bailiff has added – check what fees bailiffs charge
- The amount you agreed to pay in a repayment plan, and how often you will pay it
- The list of goods the bailiff has taken control of
If you feel hassled into making an agreement or a repayment plan you know you cannot afford, you can complain about the bailiff.
What will bailiffs do with my goods?
The bailiff has four options to deal with your goods after they have listed them on the inventory:
1. Leave them with you so you can keep using them
This is what usually happens. When you sign the controlled goods agreement, you agree to make payments for the debt. You can keep using your belongings, but the bailiff can come back and take goods on the list if you do not pay.
Here is an example of a controlled goods agreement (PDF) you may be asked to sign.
2. Remove your goods straight away and sell them
They often threaten this. But:
- It costs them more money to do this
- It is not usually their first choice
3. Clamp your vehicle on a public road or at your property
They cannot do this on someone else’s property without a court warrant. They must leave a warning on the vehicle with a phone number you can call to arrange payment.
Do not remove the clamp or move the vehicle. This is illegal.
You will normally have extra fees added to your debt when a vehicle is clamped. Read more about bailiff fees and costs.
4. Lock up your goods on your premises
This is more common with business debts. They can lock up goods in cupboards, rooms, garages or outbuildings.
It is unlikely they will do this when they are taking control of goods at your home.
After the goods have been listed, the bailiff must give you written copies of the following documents:
- The agreement made between you and the bailiff
- Receipts of any payments made to them
- The inventory of goods
- A signed controlled goods agreement
- A list of any fees added to your debt