The Taking Control of Goods Regulations 2013

Form and contents of notice of sale

39.—(1) Notice of the date, time and place of the sale required by paragraph 40 of Schedule 12 must be in writing, be signed by the enforcement agent and contain the following information—

(a) the name and address of the debtor;

(b) the enforcement agent’s name, the reference number or numbers and the date of the notice;

(c) the name and address of the co-owner, if any;

(d) that the controlled goods may be sold as the debtor has failed to pay the sum outstanding;

(e) a list of the controlled goods that may be sold with a description to enable the debtor or the co-owner to identify the goods correctly, including, where applicable—

(i) the manufacturer, model and serial number of the goods;

(ii) in the case of a vehicle, the manufacturer, model, colour and registration mark of the vehicle; and

(iii) the material, colour and usage and (where appropriate) any other identifying characteristic, of the goods;

(f) that the sale of the controlled goods is conditional on—

(i) an offer to purchase the goods being made; and

(ii) the reserve price, if any, on the controlled goods being met;

(g) that if the conditions in paragraph (f) are not met the date, time and place of sale will be set out in a further notice;

(h) the amount of the sum outstanding as at the date of the notice;

(i) the date and time by which the sum outstanding must be paid to prevent the controlled goods being sold;

(j) how and between which hours and on which days payment of the sum outstanding may be made; and

(k) the procedure for collection by or on behalf of the debtor or co-owner of goods of which control has been taken on payment of the sum outstanding or on part payment of the sum outstanding where an agreement is made between the enforcement agent and the debtor.

(2) Where the conditions in paragraph (1)(f) are not met and a further notice is given to the debtor and any co-owner by virtue of paragraph (1)(g), the notice must—

(a) comply with the requirements of regulation 38;

(b) provide the information required by paragraph (1); and

(c) state that it is a further notice.

(3) The enforcement agent may replace the notice with a new notice, in accordance with paragraph 40(3) of Schedule 12, only if—

(a) the date, time or location of the sale has had to be re-arranged;

(b) the minimum period of notice of the date, time and place of sale in the new notice is of the same period as in the notice which is to be replaced; and

(c) the new notice sets out—

(i) the information required by paragraph (1);

(ii) that it is a new notice;

(iii) that it replaces the last notice given to the debtor or co-owner; and

(iv) the date of the notice which it replaces.