• Chapter 2: Chapter 2: Notice of Sale

    • 34. Minimum period before sale

      (1) Subject to paragraph (2), the minimum period before sale required by paragraph 26(1) and (2) of Schedule 1 is 7 clear days from removing controlled goods for sale.
      (2) Sale may take place on the business day after removing controlled goods for sale where, if the sale where to take place after the expiry of the period of time referred to in paragraph (1), the goods would become unsaleable, or their sale value would be extinguished or substantially reduced due to the nature of any characteristic of those goods.
      (3) Sale under this Part may not take place on any day other than a business day.

    • 35. Minimum period of notice of sale

      (1) Subject to paragraph (2), the minimum period of notice of the date, time and place of sale required by paragraph 26(3) to (9) of Schedule 1 is 7 clear days before the sale of the goods.
      (2) Notice may be given on the business day before the sale of the goods where, if the sale were to take place after the expiry of the period of time referred to in paragraph (1), the goods would become unsaleable, or their sale value would be extinguished or substantially reduced due to the nature or any characteristic of those goods.

    • 36. Form and contents of notice of sale

      (1) Notice of the date, time and place of the sale required by paragraph 26(3) to (9) of Schedule 1 must be made in writing, be signed by the enforcement agent and contain the following information —
      (a) the name and address, including, where appropriate, the trading or business name and the trading or, if registered in the Abu Dhabi Global Market, the registered office address of the debtor;
      (b) the enforcement agent's name, the reference number or numbers and the date of the notice;
      (c) the name and address, including, where appropriate, the trading or business name and the trading or, if registered in the Abu Dhabi Global Market, the registered office address of the co-owner, if any;
      (d) that the controlled goods may be sold as the debtor has failed to pay the sum outstanding;
      (e) a list of the controlled goods that may be sold with a description to enable the debtor or co-owner to identify the goods correctly, including, where applicable —
      (i) the manufacturer, model and serial number of the goods;
      (ii) in the case of a vehicle, the manufacturer, model, colour and registration mark of the vehicle; and
      (iii) the material, colour and usage and (where appropriate) any other identifying characteristic, of the goods;
      (f) that the sale of the controlled goods is conditional on —
      (i) an offer to purchase the goods being made; and
      (ii) the reserve price, if any, on the controlled goods being met;
      (g) that if the conditions in sub-paragraph (f) are not met the date, the time and place of sale will be set out in a further notice;
      (h) the amount of the sum outstanding as at the date of the notice;
      (i) the date and time by which the sum outstanding must be paid to prevent the controlled goods being sold;
      (j) how and between which hours and on which days payment of the sum outstanding may be made; and
      (k) the procedure for collection by or on behalf of the debtor or co-owner of goods of which control has been taken on payment of the sum outstanding or on part payment of the sum outstanding where an agreement is made between the enforcement agent and the debtor.
      (2) Where the conditions in paragraph (1)(f) are not met and a further notice is given to the debtor and any co-owner by virtue of paragraph (1)(g), the notice must —
      (a) comply with the requirements of rule 35;
      (b) provide the information required by paragraph (1); and
      (c) state that it is a further notice.
      (3) The enforcement agent may replace the notice with a new notice, in accordance with paragraph 26(5) of Schedule 1, only if —
      (a) the date, time or location of the sale has had to be re-arranged;
      (b) the minimum period of notice of the date, time and place of sale in the new notice is of the same period as in the notice which is to be replaced; and
      (c) the new notice sets out —
      (i) the information required by paragraph (1);
      (ii) that it is a new notice;
      (iii) that it replaces the last notice given to the debtor or co-owner; and
      (iv) the date of the notice which it replaces.

    • 37. Method of giving notice of sale

      (1) The method of giving the notice of the date, time and place of sale required by paragraph 26(3) to (9) of Schedule 1 is the method required under rule 5(1) (method of giving notice).
      (2) For the purposes of this rule, references in rule 5(1) to a debtor include a co-owner.