Defective controlled goods agreement — third-party goods, no inventory, not signed
A controlled goods agreement (CGA) under TCEA 2007 Sch 12 para 13 must: (a) identify and itemise the goods to which it relates with sufficient detail; (b) be in writing and signed by the agent and the debtor; (c) state the value of the goods; (d) include prescribed text (TCG Regs 2013 reg 15). Where the goods belong to a third party (joint owner, family member, finance company on HP/PCP vehicle, employer's vehicle), they cannot be subject to a CGA and a third-party claim under reg 16 (claim for goods) lies. PCP/HP vehicles are owned by the finance company until the option fee is paid; this is a complete defence for the agent's purposes.
Legal basis
TCEA 2007 Sch 12 paras 13, 60 (third party claim); Taking Control of Goods Regulations 2013 (SI 2013/1894) regs 15 (CGA contents) and 16 (third-party claims); CPR 85 (claims to controlled goods)
How to identify this in your case
Vehicle is on HP, PCP, lease, or company-owned; CGA was not signed, not given in writing, fails to itemise the goods, or omits prescribed wording; goods listed are not all the debtor's.
Sample appeal wording
Dear [ENFORCEMENT COMPANY], Re: Vehicle [REG] — Controlled Goods Agreement of [DATE] I dispute the validity of the CGA on the following grounds: [CHOOSE AS APPLICABLE] 1. The vehicle is not the debtor's property. It is owned by [FINANCE COMPANY] under a [HP / PCP / Lease] agreement no. [REF]; legal title remains with the lender. Evidence enclosed. The vehicle is third-party goods. I claim release under TCEA 2007 Sch 12 paragraph 60 / regulation 16 of the TCG Regs 2013 / CPR 85. 2. The CGA fails to comply with regulation 15 SI 2013/1894 in that [it was not signed by the debtor / fails to identify the goods individually / omits the prescribed warning text / does not state value]. Under regulation 16, your firm and the creditor must respond within 7 days admitting or disputing the claim. If the claim is admitted, you must release the goods. If it is disputed, I will issue a Part 85 claim in the County Court and seek costs. I also require disclosure under UK GDPR Article 15 of the CGA, all photographs of the vehicle, and your file. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- TCEA 2007 Sch 12 paras 13, 60
- TCG Regs 2013 regs 15-16
- CPR 85