Code of Practice

Ross & Roberts have a Company Code of Practice (shown below) which all staff follow when carrying out their duties. We will, of course, adhere to the Council's own Code of Practice where this differs from our own.

Company Code of Practice

Ross & Roberts (hereafter called the Company) will ensure that all its employees, agents, and contractors comply with the following Code of Practice at all times.

General Statement of Intent

The Company will ensure that all involved:

  • Act within the scope of current legislation and statutory requirements.
  • That all notices left with or sent to a debtor are neither ambiguous nor misleading.
  • Having been provided with a copy of a liability order or other authority, leave appropriate documentation required by current legislation at the premises or ensure that it is given to the debtor.
  • Have the appropriate knowledge and understanding of relevant legislation and powers (Specific training will be given where necessary).
  • Act in a professional, responsible and courteous manner and conduct themselves in the interests of our clients.
  • Will not misrepresent their powers whilst working on behalf of their clients.
  • Maintain an acceptable standard of dress consistent with the provision of a professional service.

The acceptance of information and documentation will be in good faith. The Company will not assume responsibility for its accuracy though any discrepancies found will be reported to the client at the earliest opportunity.

Bailiffs will:

  • Be aware that they represent our clients when dealing directly with debtors.
  • Be holders of a current bailiff certificate issued by the county court or shall be undergoing training to obtain the same. No bailiffs will work solely on any liability orders or warrants for our clients unless they are certificated.
  • Only use the title in appropriate work. (e.g. not when acting as debt collectors or tracing agents)
  • Make appropriate decisions and take no further action on vulnerable cases, and will refer these back to the client at the earliest opportunity. Typically these might be cases of: (a) Mental disability, (b) long term or acute illness, (c) fragility from old age, (d) recent bereavement, (e) the final weeks of pregnancy or (f) any case the bailiff considers appropriate for special consideration.
  • Not remove for any debts: (a) Cooking or heating appliances, (b) refrigerators or food, (c) linen including bedding, beds and chairs where this would leave the premises without one bed and one chair for each occupant, (d) toys, (e) articles reasonably required by the debtor or member of his household, (f) medical aids or medical equipment, (g) books or articles required for the education or training of the debtor, (h) safety equipment, (i) anything purchased through authorised loans or grants advanced through the social fund.

In addition, in the case of Council Tax debts:

  • No tools, books, vehicles or equipment used by the debtor in the course of employment, business or vocation will be removed.
  • Bailiffs will make initial contact with the debtor with the intention of obtaining immediate payment. Where this is not possible an assessment for reasons for non-payment and a judgement whether distraint is likely to be necessary will be made.
  • Bailiffs will not distrain if payment of the correct amount is made by cleared funds. If distraint is necessary, the debtor will be invited to sign a walking possession agreement. If the debtor either refuses to make payment, or to sign or defaults on payment, the goods shall be removed (Subject to client's approval of such action and agreement to the scaled van charges being incurred.)

The Company will ensure that:

  • A certificated bailiff always directly supervises the removal of goods.
  • All goods removed are stored safely pending return on payment or sale, and that adequate insurance is in place.
  • All monies received either direct to the bailiff or by other means, will be officially receipted.
  • Debtors are advised against sending cash by post but may do so at their own risk. A receipt will only be sent if a stamped addressed envelope is provided.
  • All money is accounted for and kept in a separate client bank account. Reasonable appropriate access to these accounts will be allowed to the client's auditors.
  • All information is handled in accordance with the Data Protection Act.
  • All instructions received are processed within the time scale agreed and a report sent back at intervals on the reasons for cases which remain outstanding.
  • All abortive and withdrawn instructions are returned.
  • At least one visit is made outside normal office hours where no contact has been made with the debtor after two previous visits to the debtor's address.
  • A declaration of all interests in companies, firms, associations or groups considered relevant or appropriate to divulge to clients will be made prior to performing work on their behalf.
  • Professional indemnity insurance is sufficient to cover acts and omissions by any of its employees, agents or contractors.
  • Whenever possible, all correspondence from debtors is answered within five working days of being received.

Please note: The Company feels it advisable that the client should appoint a supervising officer to liaise with the company on all mutual matters. It is the Company's experience that such a liaison enhances communication and thus assists our ability to produce the high quality service our clients have come to expect from the Company.

The Company and the appointed supervising officer will be responsible for the operation of this Code of Practice and resolving any complaints from debtors in accordance with the Company's laid down Complaints Procedure Policy.

Applicable Legislation

Ross & Roberts, are Corporate Members of the Civil Enforcement Association and comply with the terms of all relevant legislation and shall at all times abide by all Acts of Parliament and subsequent regulations and requirements (Amendments). In particular:

  • National Standards For Enforcement Agents 2002
  • The Civil Enforcement Association Code of Conduct and Good Practice Guide
  • The Council Tax (Administration and Enforcement) Regulations 1992
  • The Non – Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1988
  • The Distress for Rent Rules 1988
  • The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993
  • The Traffic Management Act 2004
  • The Local Government Finance Act 1988 & 1992
  • The Administration of Justice Act 1960
  • The Criminal Justice Act 1994
  • The Data Protection Act 1994
  • The Freedom of Information Act 2000
  • The Human Rights Act 1998
  • The Office of Fair Trading Debt Collection Guidance (where applicable)

Updated October 2011

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