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An Enforcement Agent is Certificated by The County Court. Their role is to enforce unpaid Liability Orders and Warrants of Control, by removing a debtor's goods and selling them at auction to clear the debt owed. This is usually a last resort and an Enforcement Agent will only remove goods if they have been unable to agree payment of the debt.
If full payment cannot be made, the Enforcement Agent will need to assess your circumstances. They will need to establish your household income and consider the value of vehicles and other goods you own. If payment cannot be agreed, they may look to clamp any vehicles you own or remove goods to be sold at public auction to discharge the Court Order. Making payment before an Enforcment Agent attends will avoid these actions and limit the fees you will incur.
The Enforcement Agent can take control of goods that you own or in which you have a beneficial interest. They are not able to take control of goods that fit any of the descriptions of exempt goods indicated in Regulation 4 of the Taking Control of Goods Regulations 2013. Regulation 4 can be found here www.legislation.gov.uk
An Enforcement Agent can gain peaceful entry to your premises, via a normal way of entering the address (usually a door). You do not need to be present when they attend, provided the means of entry is unlocked. If you enter a controlled goods agreement with the Enforment Agent and then fail to pay in line with this agreement, the Enforment Agent may force entry to inspect and remove goods listed in the controlled goods agreement
Newlyn PLC carries out regular address traces and DVLA searches to locate new addresses and if needed, Enforcement Agents can attend these new addresses. To tell us you have a new address, please contact us
An Enforcement Agent is issued with a certificate by the County Court and these will be produced on request.
If payment cannot be agreed, the Tribunals, Courts, and Enforment Act 2007 and The Taking Control of Goods Regulations 2013 allow the Enforcement Agent to remove and sell your goods at public auction to discharge the debt. Please make payment as soon as possible to avoid this.
If payment cannot be agreed, an Enforcement Agent will attend your premises and assess your circumstances. They will need to establish your household income and consider the value of vehicles and other goods in the address. If they have reason to believe goods are yours, proof of ownership will need to be seen to avoid these being taken into control and possibly removed for sale at auction. Making payment as soon as possible is the best way to avoid any goods being removed.
Enforcement Agents may conduct visits between the hours of 6am and 9pm daily. Special arrangements apply for businesses that usually only open outside of these hours. An Enforcement Agent will be scheduled to attend your property if you do not pay or contact us to arrange payment by the date stated in the Notice of Enforcement sent to you. To avoid additional fees being added to the amount outstanding, please contact us to agree payment as soon as possible.
If an Enforcement Agent has contacted you, they are now the person responsible for your case and you must speak with them directly.
The Civil Enforcement Association and The Ministry of Justice require that Enforcement Agents wear bodyworn video during all visits. We are unable to agree to stop recording and will do so without your consent to meet our regulatory obligations.
A Notice of Sale will be issued to the named debtor, confirming the date that the goods will be sold at public auction if full payment, including daily storage charges, is not received before that date. We will give you seven clear days notice before the goods are sold and the notice will provide details of the daily storage costs.
Your goods will be sold at a public auction and we will give you seven days notice of this. Public auction means that the goods may not achieve the same value they would if they were sold privately and you will also incur additional fees. If the auction does not clear the fees and debt owed, further enforcement action will continue to clear the remaining debt sum you owe. Please discuss payment with your Enforcement Agent to prevent the sale of your goods at auction.
After your goods have been sold at auction, all debts and fees will first be paid. If there is any money remaining after this, you will be able to claim a refund of that amount.
We may consider releasing personal items and documentation to you. To request this, please email a list of the items you wish to collect to claims@newlynplc.co.uk and our team will respond to advise if this can be arranged. Where we agree to this, you will be required to attend the storage facility in person with the key for the vehicle and photographic ID.