Paragraph 59 I1C1
This paragraph applies if a further step is taken despite paragraph 58(3).
The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.
Sub-paragraph (2) applies to a related party as to the enforcement agent.
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.
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.
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.
In this paragraph, “related party” has the meaning given by paragraph 65(4).
Annotations
Modifications
- 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
- I1
Sch. 12 para. 59 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
Notes on Schedule 12
Modifications
- C1
Sch. 12 applied (prosp.) by Finance Act 2008 (c. 9), ss. 127(2), 129(4)
- C3
Sch. 12 applied by S.I. 2013/2605, art. 21K(1) (as inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 8)
- C4
Sch. 12 applied by S.I. 2014/1893, art. 34K(1) (as inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 20)