Controlled Goods Agreement Help: Your Rights and What to Do

A controlled goods agreement is a written agreement between an enforcement agent and the debtor, or another legally authorised person. It allows listed goods to remain at the premises while the debt is repaid. The enforcement agent has legally taken control of those goods, so they must not normally be sold, hidden, removed or disposed of without permission.

No. Ownership does not automatically transfer to the enforcement agent. However, the listed goods are legally controlled and may be removed and sold if the agreement is broken and the required enforcement process is followed.

You cannot normally be physically forced to sign. However, refusing to sign does not prevent the enforcement agent from using another lawful method of taking control, securing or removing qualifying goods.

It can be signed by the debtor, an adult aged 18 or over who has been authorised by the debtor, or a person in apparent authority at premises used wholly or partly for a trade or business. It must also be signed by the enforcement agent.

At a residential property, your partner should only sign on your behalf if they are aged 18 or over and have been authorised by you. Their presence at the address alone does not necessarily give them authority to sign for you.

No. A child cannot enter into a controlled goods agreement. An authorised person signing on behalf of the debtor must be aged 18 or over.

An enforcement agent must not enter into the agreement with someone who appears, or ought to appear, unable to understand its effect. Relevant issues may include mental capacity, severe distress, illness, language difficulties or the effects of medication.

It must be in writing and signed. It should contain the debtor’s name and address, reference numbers, date, the names of the people entering the agreement, enforcement contact details, a sufficiently detailed list of the controlled goods and the agreed repayment terms.

Yes. The person signing should receive a signed copy when the agreement is made. Where another authorised person signs, a copy must also be provided to the debtor in accordance with the regulations.

Exempt goods should not be taken into control. This can include essential household necessities, protected disability-related items and qualifying tools or equipment required personally for work or study within the statutory value limit.

Goods owned entirely by another person should not be controlled for your debt. The owner may need to provide receipts, finance agreements, bank statements or other evidence proving ownership.

The debtor’s interest in jointly owned goods can potentially be controlled. The co-owner’s interest should be recognised, and the inventory should identify a co-owner where applicable.

Yes, if the vehicle belongs to the debtor and is not protected by an exemption. The agreement or inventory should identify it clearly using details such as its make, model, colour and registration number.

Usually, yes. The purpose of the agreement is normally to leave the listed goods in your custody while payments are maintained. You must use them responsibly and must not deliberately remove, sell, damage, hide or dispose of them.

Not normally without the enforcement agent’s permission. Selling, giving away, hiding or deliberately disposing of controlled goods can breach the agreement and interfere with the enforcement process.

Contact the enforcement company immediately. The agreement may be treated as breached and the agent may give notice of an intention to re-enter the premises to inspect or remove the listed goods.

You can ask for the arrangement to be reviewed, particularly if your income or essential expenditure has changed. The enforcement company or creditor does not have to accept every proposal, so provide an updated income and expenditure statement and obtain any revised terms in writing.

Where the repayment terms of a controlled goods agreement have been breached, the enforcement agent must normally give at least two clear days’ notice before re-entering to inspect or remove the goods. Sundays, bank holidays, Good Friday and Christmas Day do not count when calculating that period.

A court can authorise a shorter period where it is satisfied that goods are likely to be moved or disposed of to avoid inspection or removal.

After a valid agreement has been breached and the required re-entry notice has been given, an enforcement agent may in some circumstances use reasonable force to re-enter through a usual means of entry to inspect or remove the controlled goods. They must not use force against a person.

A re-entry under the controlled goods agreement is primarily for inspecting or removing the goods already controlled. Whether other goods can also be controlled depends on the remaining enforcement authority, the premises, the method of entry and the applicable legal conditions.

The enforcement agent should provide written information about the goods removed, the removal date, any storage charge and how the goods may be recovered if the outstanding balance is paid or an acceptable part-payment agreement is made.

Not normally. Further statutory notice and sale procedures usually apply. You may still be able to prevent sale by paying the amount outstanding or reaching an accepted agreement before the sale takes place.

Further costs can arise if the case progresses towards removal and sale. For standard non-High-Court enforcement, the current fixed sale or disposal stage fee is £116, with a further percentage fee on the part of the amount above £1,900. Storage and permitted sale costs may also be recoverable.

You can raise issues including an unauthorised signer, lack of understanding, missing signatures, an inadequate goods list, exempt goods, third-party goods, incorrect balances or missing repayment terms. A defect does not automatically cancel the underlying debt or enforcement authority.

Write down exactly what happened, keep the paperwork and make a written complaint to the enforcement company and creditor. Evidence that the agent knew you did not understand the agreement or used improper pressure may be relevant, but signing under stress does not automatically make the agreement invalid.

No. If a controlled goods agreement and repayment plan already exist, official guidance says payments should generally continue during Breathing Space. Obtain regulated debt advice before stopping payments.

A pre-existing controlled goods agreement is not automatically cancelled by a Debt Relief Order. Official guidance states that payments generally need to continue if you want to prevent the controlled goods being removed.

There is no single standard expiry date for every agreement. It generally continues while the listed goods remain controlled and the secured amount remains unpaid, unless the goods are released, removed and sold, the enforcement power ends or another formal outcome applies.

Ask for the enforcement company’s valuation and explain why removal and sale would not produce a meaningful amount after costs. Goods should still be correctly identified and legally capable of being controlled.

Yes. Complain first to the enforcement company and copy the creditor. A complaint does not automatically suspend the agreement, prevent re-entry or cancel the debt, so deal separately with payments and any urgent court remedy.