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Form N358 UK: Claim Goods Taken Under Control

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Part ofEnforcement Forms UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If an enforcement agent has taken control of goods that do not actually belong to the debtor, there is a formal way to say so. Form N358 is the Notice of Claim to Goods Taken Under Control, and it exists so that a third party can assert ownership, or a part-interest, in items that have been seized during the enforcement of a judgment debt. Getting the form wrong, or leaving it too late, can mean the goods are sold before your claim is ever considered. This page walks through what the form does, who can use it, how the process fits into the wider rules on taking control of goods in England and Wales, and what to think about before you submit a claim. If you want to talk it through with someone before acting, our phone service is outlined at the end.

What this document is

Form N358 is a court form used when someone other than the debtor believes they own goods that an enforcement agent has taken control of. It is the formal way to put the court and the creditor on notice that the items seized do not belong to the person who owes the money, or that ownership is shared.

Once the claim is submitted, the creditor is given an opportunity to accept or dispute the claim. If the claim is disputed, the matter can end up before a district judge who decides who the goods actually belong to. The form sits inside a wider framework that regulates how enforcement agents (historically called bailiffs) may act when recovering debts owed under a county court or High Court judgment.

It is designed to protect innocent third parties, such as family members, flatmates, or business partners, whose property might otherwise be caught up in an enforcement action that has nothing to do with them.

How to use this document

  1. Check the goods were actually yours when taken. Before completing Form N358, establish clearly that the items you are claiming belonged to you, not the debtor, at the moment the enforcement agent took control. Keep any receipts, invoices, delivery notes, photographs, or finance agreements that show how and when you acquired the goods, because the strength of your claim depends on evidence.
  2. Complete Form N358 with full detail. Set out your name, address, and relationship to the debtor, along with a description of each item you claim, the grounds on which you claim it, and the approximate value. Vague descriptions weaken a claim. List items individually where possible and explain precisely how each became yours, whether by purchase, gift, inheritance, or other means.
  3. Submit the form to the enforcement agent promptly. The claim needs to be delivered to the enforcement agent who took control of the goods, within the timescale set by the regulations. Delay can mean the goods are sold before the claim is resolved, so acting quickly matters. Keep proof of when and how you submitted the form.
  4. Wait for the creditor's response. Once your claim is received, the creditor is given a window in which to admit or dispute it. If the creditor admits the claim, the enforcement agent should withdraw from control of those specific items. If the creditor disputes the claim, the matter moves forward for the court to decide.
  5. Prepare for a court hearing if the claim is disputed. Where there is a dispute, you may be required to pay money into court as security, and a hearing will be listed. Gather your evidence, think through how you will explain ownership clearly, and consider whether you want guidance on how the hearing is likely to run before you attend.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q Who can submit a Form N358?
Anyone who believes that goods taken by an enforcement agent belong to them, rather than to the debtor, can submit this form. This often includes a spouse or partner, an adult child, a flatmate, a business co-owner, or a finance company that still has a legal interest in the goods. The person submitting must be able to show a genuine ownership claim, not merely use or possession of the item.
Q What happens if I do not make a claim in time?
If a claim is not made within the time allowed, the enforcement agent may proceed to sell the goods, and recovering the items or the proceeds afterwards becomes far more difficult. The regulations are built around strict timescales for a reason, because the enforcement process needs certainty. If you think you have a claim, it is sensible to act straight away rather than wait to see what happens.
Q Do I have to pay anything to make a claim?
There is no fee to submit the notice itself, but if the creditor disputes your claim and the matter goes before a judge, you may be asked to pay a sum into court as security. This is intended to cover the creditor's potential losses if your claim fails. The amount will depend on the value of the goods in question. Check gov.uk for current procedural details.
Q What evidence will I need?
The stronger your documentary evidence, the better. Useful items include purchase receipts, bank or card statements showing the payment, finance or hire purchase agreements, delivery notes, insurance schedules listing the item, photographs predating the seizure, and witness statements from people who can confirm ownership. Verbal explanations alone rarely carry much weight when a creditor is actively disputing ownership.
Q Can I stop the enforcement agent from selling the goods while the claim is pending?
Once a properly completed claim is submitted, the enforcement agent should normally hold off selling the specific items claimed until the dispute is resolved or the timescales for response have run out. This is not automatic in every situation, though, and if you are worried about imminent sale it is worth raising the issue urgently with the enforcement agent and, if needed, the court.
Q Does this form apply to High Court enforcement as well as county court enforcement?
The taking control of goods regime applies across both county court and High Court enforcement in England and Wales, and similar principles apply to magistrates' court enforcement. The exact form and procedure can differ depending on who is enforcing and under what authority, so it is worth checking which court issued the warrant or writ before assuming the route.
Q What if the goods are jointly owned with the debtor?
Joint ownership is common, particularly with spouses, partners, and business co-owners. You can still submit a claim, but you will need to describe the nature of the shared interest, for example 'owned jointly as husband and wife' or 'owned 50/50 as business partners'. The court can decide how to treat jointly owned items, which may include sale with an accounting for your share.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.