Introductory Comments
The purpose of this Code of Conduct is to ensure Sherforce Plus Recovery Officers (SPROs) carry out their duties in a lawful, professional and consistent manner which is both safe and practical.
Professionalism and Conduct
SPROs will carry out their contractual responsibilities to those that instruct them in line with current legislation and regulations and guidance including the Data Protection Act 1998, and the Office of Fair Trading Guidance on Debt Collection.
SPROs will always produce relevant identification on request, including their ID card, together with written information about the purpose of their visit.
SPROs will act within the law at all times, including all defined legislation and observe all health and safety requirements in carrying out their duties. They will handle personal data in compliance with the Data Protection Act 1998.
SPROs will carry out their duties in a professional, calm and dignified manner. They are required to dress appropriately and act with discretion and fairness. In the case of male and female officers it is a requirement that they wear suitable business attire.
SPROs will not misrepresent their powers, qualifications, capacities, experience or abilities. However they will inform the debtors that they visit about the enforcement system and the options available to a creditor if payment is not forthcoming.
SPROs will not identify themselves using any other titles, or descriptions they may have or be empowered to use under other actions including the title "Enforcement Officer".
SPROs will not discriminate unfairly on any grounds including those of age, disability, ethnicity, gender, race, religion or sexual orientation.
SPROs are trained to recognise and avoid potentially hazardous and aggressive situations and are required to withdraw when in doubt about their own or others' safety.
Information and Confidentiality
All notices, correspondence and documentation delivered by the SPRO to a person in debtor will be clear and unambiguous.
SPROs will, so far as it is practical, avoid disclosing the purpose of their visit to anyone other than the debtor. Where the debtor is not seen, the relevant documents will be left at the address in a sealed envelope addressed to the debtor.
Times and Hours
SPROs will not undertake visits on Sundays, on Bank Holidays, on Good Friday or on Christmas Day, unless the situation and legislation permits it.
Generally SPROs will operate between the recommended hours of 6.00am and 9.00pm but this can be extended during trading hours particularly in relation to public houses, restaurants and night clubs.
SPROs are respectful of the religion and culture of others at all times. They are aware of the dates for religious festivals and carefully consider the appropriateness of undertaking visits on any day of religious or cultural observance or during any major religious or cultural festival.
Vulnerable Situations
SPROs recognise that they have a role in ensuring that the vulnerable and socially excluded are protected within the debt recovery process.
The appropriate use of discretion is core to how an SPRO will approach any given situation and he or she will use his or her experience to handle members of the public with due care and consideration.
SPROs will contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the SPRO will advise the creditor if further action is appropriate.
The exercise of appropriate discretion is needed, not only to protect the debtor, but also the SPRO, who has been trained to avoid taking action which could lead to accusations of inappropriate behaviour.
SPROs must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they will ask when the debtor will be home where if appropriate.
SPROs will withdraw from making enquiries at any address if the only persons present are children who appear to be under the age of 12.
Wherever possible, SPROs will have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
Although not exhaustive SPROs recognise the following groups as being potentially vulnerable and will act accordingly:
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the elderly;
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people with a disability;
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the seriously ill;
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the recently bereaved;
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single parent families;
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pregnant women;
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unemployed people; and,
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those who have obvious difficulty in understan ding, speaking or reading English |
Creditors' Responsibilities
In order for the recovery process to work effectively, we encourage creditors to be fully aware of their own responsibilities in relation to legislation and guidance in relation to collecting debts.
We ask that creditors notify Sherforce Plus of all payments received and other contacts with the debtor to ensure Sherforce Plus is working on the most up-to-date information in relation to the debtor?s situation.
We encourage creditors to tell the debtor that if a payment is not made within a specified period of time, action may be taken to recover the debt including subsequent enforcement action once a judgment from the court has been obtained.
We ask that our creditor clients provide a contact point during office hours should we need to contact them following a visit or telephone call with a debtor on which Sherforce Plus needs further instructions.
