The debt is more than 12 months old
Upon receipt of a Notice of Enforcement, bailiffs are prohibited from removing goods once 12 months have elapsed from the date printed on the notice.
Legislation stipulates that the enforcement authority becomes operative from the date specified on the Notice of Enforcement, and thereafter, it becomes inactive.
The Law:
Regulation 9 of the Taking Control of Goods Regulations 2013 states:
Time limit for taking control of goods
(1) Subject to paragraphs (2) and (3), the enforcement agent may not take control of goods of the debtor after the expiry of a period of 12 months beginning with the date of notice of enforcement.
(2) Where—
(3) The court may order that the period in paragraph (1) be extended by 12 months.
(4) The court may make an order under paragraph (3) only—
(1) Subject to paragraphs (2) and (3), the enforcement agent may not take control of goods of the debtor after the expiry of a period of 12 months beginning with the date of notice of enforcement.
(2) Where—
(a)after giving notice of enforcement the enforcement agent enters into an arrangement with the debtor for the repayment, by the debtor, of the sum outstanding by instalments (a repayment arrangement); and
(b)the debtor breaches the terms of the repayment arrangement,
the period in paragraph (1) begins with the date of the debtor’s breach of the repayment arrangement.(3) The court may order that the period in paragraph (1) be extended by 12 months.
(4) The court may make an order under paragraph (3) only—
(a)on application by the enforcement agent or the creditor;
(b)on one occasion; and
(c)if the court is satisfied that the applicant has reasonable grounds for not taking control of goods of the debtor during the period referred to under paragraph (1).
Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.
(2)The property in any goods ceases to be bound—
(a)when the goods are sold;
(b)in the case of money used to pay any of the amount outstanding, when it is used.
(3)The property in all goods ceases to be bound when any of these happens—
(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;
(a)on application by the enforcement agent or the creditor;
(b)the instrument under which the power is exercisable ceases to have effect;
(c)the power ceases to be exercisable for any other reason.