Before you even think of agreeing to a Controlled Goods Agreement with bailiffs, it is pivotal to understand how it works in the first place. Plus, you are not the only person in the UK who is searching online for help to deal with bailiffs.

Don’t worry. We created this guide to help you find answers to your burning questions regarding the Controlled Goods Agreement with bailiffs. So let us walk you through your options…

Table of Contents

1. What is a Controlled Goods Agreement?
2. Need more help in learning about Controlled Goods Agreement?
3. Do I Have to Agree to a Repayment Plan?
4. Do I Have to Sign a Controlled Goods Agreement?
5. What if I’m a Vulnerable Person?
6. Can a Bailiff Take My Belongings if I Don’t Sign the Controlled Goods Agreement?
7. What will happen if you Breach the Controlled Goods Agreement?
8. Can a Bailiff Force Entry if I Breach the Controlled Goods Agreement?
9. Can I Stop the Bailiffs After a Notice of Intention to Re-Enter?
10. What are the alternative solutions available in the UK to deal with your Debt issue?
11. Where Can I Get Free Professional Debt Advice?
12. Key Points:

MORE
LESS

What is a Controlled Goods Agreement?

A Controlled Goods Agreement (CGA) is a formal contract created between a debtor and bailiff agents. This doesn’t mean the bailiffs will immediately seize your belongings. Instead, the agreement gives debtors a chance to retain their belongings and pay back their debts over a mutually agreed timeframe. But there’s more than meets the eye.

At first, the bailiffs(also known as enforcement agents) will make a list of ‘inventory’ by including all valuable items belonging to you in order to seize and sell them in an auction to recover the debts. This is known as ‘Taking Control’ of your belongings.

Rarely, the bailiffs might do this inventory via video call. But at all other times, the bailiffs will visit your home in order to take control of your valuable possessions. Even your car will be under taking control inventory list if they manage to clamp it.

The easiest way to avoid all these inconveniences you have to face with bailiffs is through paying off the debt in full if you can afford it.

If you cannot afford the full payment, then it’s better to enter into a ‘controlled goods agreement’ with the bailiff in order to prevent them from seizing your belongings. For this to work, you’ll need to establish a repayment plan to clear your debt.

In order to work this out, you need to make sure that you will keep paying the instalments regularly until the debt is fully settled. Failure to adhere to the payment schedule may result in the bailiff seizing and selling your possessions to offset your debt.

Stop Bailiffs: By entering into a CGA, the debtor can prevent the enforcement agents from immediately removing and selling their belongings. This gives the debtor breathing space and avoids the immediate emotional and financial hardship of losing their possessions.
Repayment Plan: The CGA sets out a repayment plan for the debtor to clear the outstanding debt. This involves him agreeing to stick to regular, timely payments until the debt is fully settled.
Consequences of Breaching: It’s crucial to understand that the CGA is a legally binding agreement. The enforcement agent has the right to resume taking control of the goods and selling them to recover the due debts if the debtor misses payments or violates any terms of the agreement.

Need more help in learning about Controlled Goods Agreement?

There are a number of alternative debt solutions available in the UK that you could use to write off some of your debt. But keep in mind that choosing the right solution will aid you in writing off some of your debt, while choosing the wrong one will worsen your debt situation.

Here, the key is to determine what debt solution suits your personal financial situation in the best way possible.

Do I Have to Agree to a Repayment Plan?

You are not required by law to accept any repayment plan suggested by your lenders, debt collectors or bailiff agents unless it is not a court order. But there are some pros and cons you need to be aware of before thinking to refuse this type of request. Let us dive in.

Avoid further legal action: Accepting a repayment plan demonstrates your willingness to resolve the debt. Your favourable actions will surely reduce the likelihood of your creditors taking legal action.
Controlled payments: You can negotiate a payment plan that is affordable for your circumstances. In most cases, they will offer you a payment plan that avoids potential financial hardship.
Time to regain control: A repayment plan gives you time to manage your finances and potentially increase your income. Plus, it will improve your ability to clear the debt.
Prevent bailiffs: Entering a repayment plan prevents immediate action by bailiffs. In that way, you can preserve your belongings and avoid the stress of their involvement.

In the end, you are the person who is going to decide whether or not to agree to a repayment plan. Therefore, you need to carefully weigh the potential consequences of refusing against the benefits of accepting and explore alternative options with the help of debt advisors.

Remember, the best course of action always depends on your unique circumstances in your life and the nature of your debts.

Now, you might be wondering what are your alternative solutions that available in the UK to deal with this debt issue. Don’t worry. We’ve got you covered. Keep reading, and you will eventually find them out in the later part of this article.

Do I Have to Sign a Controlled Goods Agreement?

No, you are not bound by law to accept a Controlled Goods Agreement(CGA) suggested by the bailiffs. It’s a choice that you are free to make.

You (as the debtor) need to sign the CGA in order to make it a legally valid document. Otherwise, it is just a document that has printed letters.

Keep in mind you don’t have to sign the document in a hurry. Plus, even the bailiffs cannot force you to rush into signing the agreement. Instead, you can take time to ensure the information in the CGA document is accurate.

Below are some simple steps you could follow before signing up for the Controlled Goods Agreement(CGA).

The bailiffs are required by law to write down any belongings that they take control of on the inventory. They must provide specific details on the inventory to ensure clarity. You can request them to include the model, make, and colour of any item listed in the inventory.

They cannot list down essential items that can obstruct your way of life. Below is a list of items they are not allowed to seize.

Beds and bedding for all residents in your home.
Any medicine or medical equipment and necessary items for caring for a child or older person.
Washing machine.
Cooker or microwave and a refrigerator.
Table and sufficient chairs for all residents in your home.
Phone or mobile phone.
Things belong to other individuals, including items belonging to your children.
Pets or guide dogs.
Vehicles, tools, or computer equipment required for your job or study, within a total value of £1,350.
A Motability vehicle or a vehicle displaying a valid Blue Badge.

You can instruct them to strike through any items you believe they are not permitted to take. If they have included something that doesn’t belong to you, request them to note next to it that it is not yours.

Here are a few facts you need to be aware of when deciding to agree to a repayment plan.

You will have to come to a mutual agreement with the bailiff regarding what amount of regular payments you can afford and manage.
Or you can consider your financial capacity and propose an amount you can afford. For instance, you might suggest £20 per month, ensuring you have allocated sufficient funds for essential needs like food, rent, mortgage, and energy bills.
You need to make sure the repayment plan suggestion you make to bailiffs is sustainable for you, whether it’s weekly or monthly.
Do not allow the bailiff to pressure you into agreeing to larger payments than you can handle. You just need to provide them with a budget sheet to demonstrate your affordability. It will help them understand your current financial status.
You can seek assistance from a friend or family member for support if you feel pressured.
If you believe you were coerced into an unaffordable payment plan, consider it as harassment and file a complaint.

Before signing the controlled goods agreement, ensure that it includes:

You have the right to refuse to sign if you doubt your ability to adhere to the repayment plan or if the bailiff has inaccurately listed items. The agreement only becomes valid upon your signature.

If you decline to sign, the bailiff can legally seize and sell your belongings to settle the debt. While it’s unlikely to happen, yet it’s advisable to negotiate for the most manageable payment plan.

In the end, make sure to request a signed copy of both the controlled goods agreement and the inventory from the bailiff.

At the same time, It’s crucial to adhere to the repayment plan you agree upon. The bailiff will return to your home if you violate the CGA and keep missing payments for a considerable time. Then, they will seize your listed belongings and sell them in an auction to cover their debts and all bailiffs’s charges.

Thus, it is really important for you to stick to your payment plan in order to avoid these unnecessary inconveniences.

What if I’m a Vulnerable Person?

When it comes to the Controlled Goods Agreement in the UK, special considerations are in place for vulnerable individuals. It is essential for you to be aware of these provisions if you fall under this category or care for someone who does. It might even change how you approach the entire process.

Let’s break it down step by step.

You will be considered as a vulnerable person if you are currently facing one of the below situations.

You are disabled or extremely ill.
You suffer from any form of mental illness.
You have children or are pregnant.
You don’t speak English very well.
You are under the age of 18 or over the age of 65.
You are dealing with a stressful situation, such as the death of a loved one or unemployment.

The bailiffs have to follow additional specific rules set when they are dealing with a vulnerable person in order to minimise uncomfortable experiences as much as possible.

If any of these conditions apply, you can request more time to address a notice of enforcement. If the notice was not properly sent, you also qualify for an extension.

To communicate your vulnerability:

Inform the bailiffs directly or have a relative or carer convey the information.
Contact the bailiffs by phone or post, using a provided letter template to explain your situation.
When talking to the bailiffs, state that you are vulnerable. Within the talk, you need to explain to them why dealing with them is more challenging for you. Lastly, you can request them to cease future visits to avoid harm and distress.
Clearly express if receiving a letter or visit could worsen your situation, especially if you have mental health issues or a medical condition.
Document any agreements made with the bailiffs regarding future contact to facilitate dispute resolution or complaints if they fail to comply with the agreed terms.

Bailiffs, by law, need to treat vulnerable individuals with extra care. This care extends to all interactions, from initial communications to how they execute a Controlled Goods Agreement.

So, how does this play out?

Initial Contact: Often, when bailiffs first make contact, they’re unaware of a debtor’s vulnerable status. Once informed, they must tread cautiously. It’s their duty.
Flexible Repayment Plans: Vulnerable individuals might secure more lenient terms. Such flexibility can be a game-changer.
Handling of Goods: Essential items like medical equipment or children’s essentials won’t be listed under the Controlled Goods Agreement. It ensures that vulnerable individuals aren’t deprived of their necessities.

It is a true fact that every process has its bumps. Thus, being aware of these challenges beforehand can prepare you for the worst.

Some potential challenges include:

Proving Vulnerability: Sometimes, establishing your vulnerable status might require documentation. Having medical records or other valid proofs on hand can streamline the process.
Interactions with Bailiffs: Occasionally, misunderstandings can occur. In those situations, always remember to communicate with them calmly in a way they get convinced enough of your situation. Stay informed and make your status known early on.

While the Controlled Goods Agreement provides a framework, there are extra measures in place to protect vulnerable individuals. For instance, the law prohibits the removal of essential goods like medical equipment or items crucial for a child’s well-being.

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

Yes, they can. Without a CGA, there’s no protection or assurance given. Then, the bailiffs will visit your home and seize your belongings in order to sell them in an auction to recover all bailiffs’ charges and total debt.

However, certain possessions that are deemed as essential are off-limits. Thus, it’s essential to know your rights and the limits of bailiffs.

What will happen if you Breach the Controlled Goods Agreement?

A breach of the controlled goods agreement occurs when you do not comply with the established payment plan outlined in the contract.

If you violate your controlled goods agreement, the bailiff may attempt to enter your home and seize the items listed in the agreement. They must provide a ‘notice of intention to re-enter,’ giving you a 2-day notice before attempting entry.

For example, let us assume you got your notice on Tuesday. Then, the bailiffs cannot visit your home until Friday.

If you received a notice of intention to re-enter, the first thing you should do is to check and verify the notice for,

You can promptly complain to the bailiff’s company and request a valid notice before any visit if the information is incorrect. Plus, you can ask the bailiff company to delay their visit until they send you a valid notice.

There wouldn’t be a notice of intention to re-enter if the controlled goods agreement was made through a video call. In such cases, the bailiff may request to come to your home, but you are not obligated to let them in.

Even with a valid notice, there might be an opportunity to prevent their entry. You can contact the bailiff’s company and offer a new repayment plan. You can request additional time to settle the debt if you can explain the reasons for the agreement breach in a convincing way.

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

The Bailiffs are allowed to use reasonable force to enter your home if you break the controlled goods agreement.

While they possess some rights, bailiffs can’t just break into your home. Bailiffs are not permitted to forcibly enter by breaking down doors or smashing windows.

Typically, peaceful entry, like using a locksmith, is their approach. However, it’s essential to know that allowing them entry once can grant them permission for future entries. It’s crucial to be informed about their limitations.

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

You need to promptly reach out to the bailiff company upon receiving the notice in order to prevent bailiffs from arriving at your home after receiving a Notice of Intention to Re-enter.

To win an excuse, you need to explain the reasons for missing the payment in a convincing way with proof in hand. Surely, you will be able to request additional time to settle the debt after convincing them enough. It’s also an option to propose a new repayment offer, although the bailiffs are not obligated to agree.

It is also advisable to seek assistance from a debt advisor if the bailiffs are unwilling to grant you more time or you are finding hardship dealing with them alone.

What are the alternative solutions available in the UK to deal with your Debt issue?

Sometimes, you may face difficulties in agreeing to the proposed repayment plans through the Controlled Goods Agreement from your creditor or bailiff company, especially if they are financially burdensome.

In such situations, it is advisable to explore alternative debt solutions that can effectively address your debt-related concerns. In the UK, there are various alternative debt solutions to consider.

However, it’s crucial to keep in mind that each of these debt solutions has specific eligibility criteria. Selecting the right one can lead to debt resolution while choosing the wrong one could worsen your financial circumstances.

Hence, seeking guidance from a professional debt advisor is a prudent step to take if you find it challenging to determine the most suitable debt solution on your own.

If you need personalised assistance based on your current financial situation, please feel free to complete our online form by clicking here to receive help from our Money Advisor Team.

Where Can I Get Free Professional Debt Advice?

There are numerous organisations in the UK, like StepChange and National Debtline, that can offer guidance. Their expertise can be invaluable in making informed decisions about CGA and managing your financial obligations.

Key Points:

A Controlled Goods Agreement (CGA) is a formal contract between a debtor and bailiff agents, providing debtors an opportunity to retain belongings and settle debts over an agreed timeframe.
If unable to pay the debt in full, entering a ‘controlled goods agreement’ and establishing a repayment plan is advisable to prevent the seizure of your belongings.
There are a number of individuals in the UK who have managed to write off a portion of their debts using alternative debt solutions.
CGA Summary:
Stop Bailiffs: Entering into a CGA prevents immediate removal and sale of belongings, offering relief to debtors.
Repayment Plan: CGA outlines a repayment plan for debtors to clear outstanding debts through regular, timely payments.
Breach Consequences: Violating the CGA can lead to the resumption of possession and sale of goods by the enforcement agent.
Refusing Repayment Plan: Debtors are not legally obligated to accept suggested repayment plans. Refusal may lead to legal action, increased costs, or bailiff involvement.
Benefits of Repayment Plan: Accepting a repayment plan can prevent legal action, provide controlled payments, and offer time to regain financial control, avoiding immediate bailiff intervention.
Not Signing CGA: Debtors are not legally bound to sign a Controlled Goods Agreement. Signing is a choice, and debtors have the right to take time to verify the information.
Vulnerability Considerations: Special provisions exist for vulnerable individuals, such as those with disabilities, mental illness, children, or stressful situations. Additional care and leniency are mandated for these cases.