Tribunals, Courts and Enforcement Act 2007 (c. 15)

SCHEDULES

Valid from 15/07/2013

SCHEDULE 12 E+W Taking control of goods

Modifications etc. (not altering text)

C1 Sch. 12 applied (prosp.) by Finance Act 2008 (c. 9), ss. 127(2), 129(4)

Part 2 E+W The procedure

Valid from 06/04/2014

Limitation of liability for sale or payment of proceeds E+W

63 (1) Any liability of an enforcement agent or related party to a lawful claimant for the sale of controlled goods is excluded except in two cases. E+W

(2) The first exception is where at the time of the sale the enforcement agent had notice that the goods were not the debtor's, or not his alone.

(3) The second exception is where before sale the lawful claimant had made an application to the court claiming an interest in the goods.

(4) A lawful claimant in relation to goods is a person who has an interest in them at the time of sale, other than an interest that was assigned or transferred to him while the property in the goods was bound for the purposes of the enforcement power.