Rule 83.24 Warrants of delivery other than those conferring a power to use the TCG procedure – notice and inventory requirementsF1

(1)

This rule applies where—

(a)

a warrant of delivery has been issued for the whole or part of a sum of money and costs; and

(b)

the warrant does not confer power to use the TCG procedure.

(2)

Unless the court orders otherwise, the enforcement agent—

(a)

must serve the debtor with a notice warning of the warrant; and

(b)

must not levy the warrant until at least 7 days after service of the notice.

(3)

Upon levying execution of the warrant, the enforcement agent must leave notice of the warrant at the place where it has been executed.

(4)

If the enforcement agent removes the goods, the enforcement agent must deliver or send to the debtor an inventory of the goods removed sufficient for the debtor to identify the goods.

(5)

The inventory must be delivered or sent to the debtor within 7 days of the goods being seized by—

(a)

delivery to the debtor personally;

(b)

sending the inventory by post to the debtor’s place of residence; or

(c)

where the debtor’s place of residence is not known, by leaving the inventory for, or sending it to, the debtor at the place from which the goods were removed.

(6)

If the enforcement agent fails to supply an inventory in accordance with this rule, the debtor may make an application to the court using the procedure in Part 23, for an order requiring the enforcement agent to do so.

Annotations

Textual amendments

F1: Pt. 83 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)

Notes on Part 83

Textual amendments

F2: Words in Pt. 83 Table of Contents omitted (6.4.2021) by virtue of The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(1)(a) (with rule 2)
F3: Words in Pt. 83 Table of Contents inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(1)(b) (with rule 2)
F4: Words in Pt. 83 Table of Contents substituted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(1)(c) (with rule 2)

Modifications

C1: Pt. 83 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(e), 24.6(1)