Tribunals, Courts and Enforcement Act 2007

Payment of amount outstanding E+W

58 (1) This paragraph applies where the debtor pays the amount outstanding in full— E+W

(a) after the enforcement agent has taken control of goods, and

(b) before they are sold or abandoned.

(2) If the enforcement agent has removed the goods he must as soon as reasonably practicable make them available for collection by the debtor.

(3) No further step may be taken under the enforcement power concerned.

(4) For the purposes of this paragraph the amount outstanding is reduced by the value of any controlled goods consisting of money required to be used to pay that amount, and sub-paragraph (2) does not apply to that money.

Modifications etc. (not altering text)

C1 Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3

Commencement Information

I1 Sch. 12 para. 58 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

59 (1) This paragraph applies if a further step is taken despite paragraph 58(3). E+W

(2) The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.

(3) Sub-paragraph (2) applies to a related party as to the enforcement agent.

(4) If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full.

(5) A person has notice that the amount outstanding has been paid in full if he would have found it out if he had made reasonable enquiries.

(6) Sub-paragraphs (2) to (4) do not affect any right of the debtor or a co-owner to a remedy against any person other than the enforcement agent or a related party.

(7) In this paragraph, “related party” has the meaning given by paragraph 65(4).

Commencement Information

I2 Sch. 12 para. 59 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)