Service Level Agreement
Between
The London Borough of Bexley
And
Ross and Roberts Ltd
For
The Provision of Bailiff Services
1. Overview
1.1 This agreement sets out the nature of the services to be performed which will be undertaken in accordance with the methods agreed between Ross and Roberts and the London Borough of Bexley.
1.2 lnstructions may be issued by email, in writing, by telephone/Fax, or via the internet. ln extreme cases of emergency, verbal instructions will be accepted and confirmed in writing.
1.3 At all times the Company will undertake the services in accordance with:
1.3.1 Good professional practice.
1.3.2 Compliance with Court Rules and Practice Directions
1.3.3 Compliance with relevant Statutes, Regulations and Orders.
1.3.4 Standards set out within this agreement.
1.3.5 The Race Relations Act.
1.3.6 The Human Rights Act and its protocols.
1.3.7 Bexleys’ Bailiff Code of Practice
1.4 Ross and Roberts shall at all times be registered under the Data Protection Act 1998 and conform to all requirements of the Act, together the Freedom of Information Act, and will respond accordingly to any request made by the Council.
1.5 The Company may not sell or exchange any information relating to the identity of a debtor or any member of the debtor's household.
2. Recovery Action
Bailiff Services
2.1 Make contact with the debtor within seven days of the receipt of instructions to recover a debt.
2.2 Undertake further visits where necessary and utilise letter and telephone recovery, where appropriate.
2.3 Where payment is not forthcoming, the Bailiff will attempt to levy distress. Ross and Roberts shall levy distress in accordance with its approved method and in a humane, firm but fair manner and in accordance with Legislation, and the Bailiff Code of Practice. The aim should be to seek to recover debts as quickly as possible without imposing unnecessary hardship upon the debtor.
2.4 Return all Nulla Bona cases as soon as they are identified, together with a brief report on the case setting out the action taken with relevant dates for evidence in Court
2.5 Where a debtor has left the last known address - use reasonable endeavours to establish the new address, notify the Council and pursue the case accordingly.
2.6 When the new address cannot be established, they should be returned to the Council as they are identified. If a new address is found, the Council will be notified and Ross and Roberts will visit to execute the liability order.
2.7 Whether or not an agreement to pay by instalments is made at the time of levying, Ross and Roberts shall be entitled to enter into a walking possession agreement.
2.8 Where an agreement is completed and is subsequently broken the bailiff will contact the debtor either by post or by way of a visit.
2.9 Ross and Roberts will not remove goods without the prior and specific approval of the Council. Details of past action and all other relevant information should be supplied to enable the Council to provide a prompt response.
Payment Arrangements
2.10 Complete the collection of the Liability Order and costs in full where ever possible.
2.11 Payment arrangements should be made with a view to the debt being discharged in full within six months.
2.12 lf this should not be possible or when it is necessary extend this period, (up to twelve months), this should be with the Council's agreement.
2.13 Where it is considered that a period of over twelve months is required to collect the debt, the case should be referred to the Council with details of what action has and is being taken and an anticipated date of collection.
3. Fees and Costs
3.1 Ross and Roberts will be entitled to retain all statutory fees collected from the
debtor. The Council will have no liability to pay these fees on the debtor's behalf.
3.2 The enforcement fees will be limited on multiple Liability Orders to one enforcement fee per visit/case regardless of the number of Liability Orders involved. All other statutory fees will be charged per Liability Order.
3.3 The amount of the fee for enforcement calls is agreed between the Council and Ross and Roberts as shown as an Appendix A of this document.
3.4 Ross and Roberts should ensure all fees should be made known to the debtor before they are incurred.
3.5 Ross and Roberts Ltd shall not charge the debtor or the Council any other fees, not already stipulated.
3.6 Any increase in fees should be agreed with the council beforehand.
3.7 All cleared funds recovered will be paid over to the Council on an agreed basis, ideally by BAC's, with an accompanying schedule.
4. Complaints
4.1 The Council will advise Ross and Roberts of any complaint made against them, giving details of that complaint. Ross and Roberts will then produce a report within four working days to enable the Council to reply to the complaint.
4.2 Ross and Roberts will operate a formal complaints procedure and answer all complaints received from debtors in accordance with that procedure.
4.3 The council will be supplied with a copy of Ross and Roberts’s complaints procedure – Appendix C which will be adhered to at all times. Ross and Roberts will provide the Council with details of any complaint they have dealt with upon request.
5. Disputes
5.1 Any dispute regarding an account made by a debtor will be recorded and dealt with by Ross and Roberts when ever possible.
5.2 When not possible, and/or when the dispute relates to whether the liable person is correct, the debtor will be directed to the Council for clarification and any further appeal advice.
6. Consultation/Liaison
6.1 Ongoing day to-day liaison will be made between the offices of Ross and Roberts and the Council by appropriate methods.
6.2 A nominated Manager will call in to the Council's offices, as and when required, to discuss any matters relating to the agreement/service.
6.3 Authorised Officers of the Council should be able to visit Ross and Roberts Company's offices at any pre-arranged time and to accompany bailiffs, if and when required.
6.4 Performance against the Service Level Agreement will be monitored on a monthly basis and there will need to be a formal evaluation at the end a year.
6.5 A list of Officer Names and Contact Details will be supplied by the London Borough of Bexley.
6.6 Ross and Roberts will provide specific individuals and contact numbers for the Council to use.
7. Code of Practice
7.1 Ross and Roberts will at all times comply with the Councils Bailiff Code of Practice.
7.2 Ross and Roberts will maintain and adhere to its own code of practice at all times and provide the Council with a copy –Appendix B in addition a Customer Care policy shall also be supplied - Appendix D.
8. Data Protection
8.1 All data, information and documents which the Council may have imparted and may from time to time impart to Ross and Roberts relating to the Council's business requirements or otherwise is proprietary and confidential shall be used by Ross and Roberts solely for the purposes of this agreement and that it shall not at any time during or any time after this agreement disclose the same whether directly or indirectly to any third party without the Council's prior written consent.
9. lnformation Technology
9.1 Ross and Roberts shall provide a link to their computer system to enable Council staff to view the details of any case passed by the Council.
9.2 The security of information and data held will be the responsibility of Ross and Roberts who will ensure appropriate security is applied to restrict any unauthorised access to the data supplied by the London Borough of Bexley.
9.3 Similarly, it is anticipated that the London Borough of Bexley will only have access to the data relating to their debts.
10. Reporting
10.1 The Council will require monthly reports which will include, but will not be limited to, the following:
Ø Existing Liability Orders by value, age and debtor.
Ø Liability Orders with a payment arrangement.
Ø Liability Orders returned at Council's request.
Ø Liability Orders paid in full.
10.2 The Council may undertake monthly/quarterly reconciliation of Liability Orders held by Ross and Roberts and will expect their cooperation to resolve any discrepancies.
10.3 Bailiffs/officers of Ross and Roberts will visit the Council Offices on regular intervals and meet and liaise with Council staff when appropriate.
Signed on behalf of the London Borough of Bexley (the Council)
………………………………………......
Dated……………………………………
…………………………………… ……..(Authorised signatory).
Signed on behalf of Ross and Roberts Ltd
Dated 1st September 2010
______(Authorised signatory).
Appendix - A
ROSS & ROBERTS LTD ENFORCEMENT FEES CHANGES FROM 01.03.2011CURRENT / NEW ENFORCEMENT
DEBT RANGE £ / ENFORCEMENT COSTS £ / COSTS £
Council Tax
0-100 / £65.00 / £70.00
101- 500 / £110.00 / £119.00
501-1000 / £130.00 / £141.00
1001+ / £160.00 / £173.00
Non Domestic Rates
0-100 / £75.00 / £81.00
101-1000 / £155.00 / £168.00
1001- 5000 / £205.00 / £222.00
5000+ / £260.00 / £282.00
Road Traffic
All / £90.00 / £97.00
Appendix – B- Code of Practice
COMPANY CODE of PRACTICE
Ross & 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 ensures 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.
· Will not misrepresent their powers working on behalf of their 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. 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, 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 minimum of 5 visits will be made.
· 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.