Controlled Goods Agreement with my Limited Company

[Snoop]

I wonder if someone can help me with a situation i am in.

I have a limited company that has a CCJ , the bailiffs arrived to collect on the CCJ to the value of £8000. I couldn't afford to pay them the full amount so i agreed to pay £1000 followed by £1000 each month until paid. The agreement has unfortunately been agreed too tight and cashflow has strangled the limited company that has now ceased trading.
I now want to move out the building but have goods that have a controlled goods agreement in place on and i don't know what to do with the goods.

Any help or advice would be appreciated.

Thanks

[jaguarsuk]

The controlled goods agreement makes those goods the possessions of the court and so you can't sell or dispose of them. I would suggest contacting the bailiff, explain to them what's happened and ask them when they want to come to pick the goods up.

Alternatively if you can sell them for the balance that's outstanding to the bailiff, tell them that and ask them to release the goods from the agreement to settle the balance.

If you sell or dispose of them while under the agreement you'd be in contempt of court.

[Snoop]

Thanks for the reply, I contacted the Bailiffs and they said they couldn't give me legal advice and suggested i contact a Solicitor. I called around and someone has said they will charge £2500 to deal with the liquidation however the goods are probably worth £1000 max so I cant go that route.

Can i write to the court and ask if i can sell the goods and give the money to the courts?

[pt2537]

It is a criminal offence for the debtor to intentionally interfere with goods taken into control under Paragraph 68(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. If found guilty, the debtor will be liable for a prison sentence of up to 51 weeks, and/or a Level 4 fine (currently £2,500).

Also, any party guilty of removing, hiding or selling goods taken into control could have Contempt of Court proceedings brought against them.

Contempt of Court can result in a custodial sentence being imposed, so it is very very serious

[Kati]

It is a criminal offence for the debtor to intentionally interfere with goods taken into control under Paragraph 68(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. If found guilty, the debtor will be liable for a prison sentence of up to 51 weeks, and/or a Level 4 fine (currently £2,500).

Also, any party guilty of removing, hiding or selling goods taken into control could have Contempt of Court proceedings brought against them.

Contempt of Court can result in a custodial sentence being imposed, so it is very very serious

could he not contact the bailiffs and request they remove them??

[jaguarsuk]

could he not contact the bailiffs and request they remove them??

Yes, he previously contacted them and asked them what he should do hence they told him they can't advise him. However, he should now tell them he cannot pay them as the company is no longer trading and that they should come to remove the goods.

I would also follow that up with a letter to both the bailiff and the Claimant because if the bailiffs do nothing then the Claimant will probably give them a nudge to get on with it.

If for example he has to remove the goods from the business rented premises, that should be also put in the letter and the address at which he is storing them for collection provided.

[Snoop]

Thanks very much all, I think this is all clear now. I have sent a letter to creditors and bailiff explaining the that we have stopped trading.

I will then send a letter to the bailiffs explaining that these goods now need to be moved into storage and give them 2 weeks to collect and if they fail them move them into storage and ask if the storage company can invoice them directly?

Does that sound logical?

[jaguarsuk]

Thanks very much all, I think this is all clear now. I have sent a letter to creditors and bailiff explaining the that we have stopped trading.

I will then send a letter to the bailiffs explaining that these goods now need to be moved into storage and give them 2 weeks to collect and if they fail them move them into storage and ask if the storage company can invoice them directly?

Does that sound logical?

Because you are breaching the agreement you made with the bailiffs to pay you will have to store them at your cost until the bailiffs come to remove them I'm afraid and you can't give a time limit.

As we have said above, because they belong to the court and are under a controlled goods agreement there are potentially very serious consequences if you make the wrong move.