43. Remedies available to the debtor

(1) This paragraph applies where an enforcement agent —
(a) breaches a provision of this Schedule 1; 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 court procedure rules, the proceedings must be brought in the Court of First Instance.
(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 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) does not affect 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 1; or
(b) (as the case may be) that the instrument was not defective.
(9) This paragraph is subject to paragraph 38 in the case of a breach of paragraph 37(3).