Shall I sue the HCEOs?

[Wombats]

Re: Shall I sue the HCEOs?

Interesting. So are you saying that they effectively already have control of goods from the moment the writ is received and they are under their control? The office has told me that if the cars do belong to the company then they will report the listed ones stolen. But I was under the impression that unless a CGA is signed then the goods are still under the control of the debtor and there is nothing the HCEO can do.

Read Para 5 of the above link, 'Effect of property in goods being bound' and you have an explanation of what 'being bound' means. I intentionally don't give an interpretation of it, as there are those here better qualified than me to do so, and it would be interesting to see your interpretation.

[anonymous coward]

Re: Shall I sue the HCEOs?

Argh. That was tough reading. I couldn't understand it tbh.

but I did read paragraph 6 as saying that the goods are bound until sold so it seems to me that the goods listed the other day are bound if they belong to the company so his moving them and hiding them is a criminal offence. Too
optimistic? Dunno.

Id certainly welcome your interpretation.

[Sir Vere Brayne d'Emmidge]

Re: Shall I sue the HCEOs?

Interesting. So are you saying that they effectively already have control of goods from the moment the writ is received and they are under their control? The office has told me that if the cars do belong to the company then they will report the listed ones stolen. But I was under the impression that unless a CGA is signed then the goods are still under the control of the debtor and there is nothing the HCEO can do.

A "Controlled Goods Agreement" has to be signed by both parties, it specifies what has being seized and the terms of the repayment schedule.

An "Inventory" or a "Notice of Taking Control" does not need to be signed by both parties, they specify which goods have being taken in control and the timescale that the debtor has to pay in full before these are removed to sell at auction. But quite correctly, all of a debtor's assetts are technically inpounded from the day the Writ/Warrant is issued to the Enforcement Agent.

If someone interferes with controlled goods they are committing a criminal offence for which they can be fine up to £1,000.00, or sent to jail for no more than 26 weks or both. This would be on top of as conviction of theft if the Police decide to prosecute.

Controled goods sold to a third party are bad news for the third party, because the sale is invalid and the goods can be retrieved without compensating the innocent buyer.