No NOE defence by bailiff solicitor fails

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Schedule 12
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#1 No NOE defence by bailiff solicitor fails

Post by Schedule 12 » 28 Jun 2017 15:54

Earlier today, a client brought a claim involving in part for an action brought without giving a Notice of Enforcement.

The bailiff company accepted the NOE went to the wrong address but argued that as Notice After Entry was given was given to the correct address seven days before enforcement action was taken because the Notice after Entry carried the same information as a Notice of Enforcement.

Failed.

The information carried on a Notice of Enforcement is prescribed in regulation 7 of the Taking Control of Goods Regulations 2013,

The information carried on a Notice after Entry is prescribed in regulation 30 of the Taking Control of Goods Regulations 2013,

The prescribed information for each type of notice is not the same.

In any event, the Notice After Entry was illegible (scribbled).

This confirms the rule the NOE must carry the information prescribed in Regulation 7 of the TCGR’s.
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Author: dealingwithbailiffs.co.uk

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