Code of Practice

Ross and Roberts Ltd (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).
  • Ensure that all of our employees act in a professional, responsible and courteous manner and conduct themselves in the interests of our clients.
  • Ensure that all of our employees 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.
  • 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, equipment used by the debtor for use in the course of employment, business or vocation will be taken.
  • 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.
  • 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 by cash to the bailiff or where payment is made 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 or a suspense account, which will record all unidentified payments. Reasonable appropriate access to these accounts will be allowed to 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 visits to the debtor’s address during other times.
  • 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 employee’s agents or contractors.
  • All correspondence from debtors is answered within five working days of being received whenever possible.

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 relevant Policy and Procedure documentation.

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