SCHEDULES
C1SCHEDULE 12Taking control of goods
Part 2The procedure
Remedies available to the debtor
66
1
This paragraph applies where an enforcement agent—
a
breaches a provision of this Schedule, or
b
acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.
2
The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.
3
But the debtor may bring proceedings under this paragraph.
4
Subject to rules of court, the proceedings may be brought—
a
in the High Court, in relation to an enforcement power under a writ of the High Court;
b
in a county court, in relation to an enforcement power under a warrant issued by a county court;
c
in any other case, in the High Court or a county court.
5
In the proceedings the court may—
a
order goods to be returned to the debtor;
b
order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.
6
A related party is either of the following (if different from the enforcement agent)—
a
the person on whom the enforcement power is conferred,
b
the creditor.
7
Sub-paragraph (5) is without prejudice to any other powers of the court.
8
Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—
a
that he was not breaching a provision of this Schedule, or
b
(as the case may be) that the instrument was not defective.
9
This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).
Sch. 12 applied (prosp.) by Finance Act 2008 (c. 9), ss. 127(2), 129(4)