CIVEA Code of Conduct and

Good Practice Guide

CIVEA
Civil Enforcement

Association
CIVEA
513 Bradford Road
BATLEY
WF17 8LL

CIVEA Code of Conduct and Good P r a c t i c e Guide

CIVEA Code of Conduct and Good Practice Guide

Introduction
Terms Used
Enforcement Agencies - Obligations
Initial Contact
Recruitment
Training
Attendance at Debtor's Address
Attendance / Time
Entry to Premises
Removal of Goods
Fees
Complaints
Information & Confidentiality
Vulnerable Persons
Creditors Responsibilities
Debtors Obligations
Third Party Advisors

Confidentiality
This document contains confidential and proprietary information belonging to
CIVEA. The contents are protected by copyright, trademark and other intellectual
property rights, as applicable and are provided solely for guidance purposes.
Introduction
This document is intended to provide enforcement agents with guidance as to good practice
and procedure in carrying out their duties, it is not an exhaustive guide but provides a template
on which ail enforcement agents should base their actions.
Temis used:
In this document we have used the following terms:
Creditor: Includes local authorities, major or frequent judgment creditors in the civil courts,
government departments and HM Courts and Tribunals Service to whom financial penalties are
paid, and landlords undertaking the commercial rent arrears recovery (CRAR) process.
Debtor: we mean a person who owes a sum of money - this may be a judgment debt or
a criminal financial penalty fine which is in default or a liability order. The debtor should
behave lawfully and is encouraged to co-operate with the enforcement agent.
Third Party Advisor: by this we mean anyone seeking to advise a debtor in relation to
their debt.
Enforcement: in this document we mean the Schedule 12 power for taking control of goods.
Enforcement Agency: here we mean the business that employs enforcement agents,
unless specifically indicated (where different arrangements exist); we also include those
public sector organisations that have in-house enforcement agents.
Enforcement Agent: we mean someone who is responsible for the enforcement of
court orders against goods (warrants of control) or the person (arrest warrants); we
include those employed in the public and private sector.
Enforcement Agencies - Obligations
Enforcement agencies must ensure that enforcement is conducted in accordance with
prevailing legislation and in a professional, ethical and proportionate manner. The
objective should be the recovery of the sum outstanding as quickly as possible, without
causing unnecessary hardship.
Agencies have a responsibility to ensure that all personnel engaged to enforce warrants
and orders are properly vetted and possess an appropriate knowledge and
understanding of all relevant legislation, case law and powers, and at all times act in
accordance with them.
The training that is provided to individual Enforcement Agents must be adequate,
covering as a minimum: the law relating to taking control of goods; conduct and relevant
codes of practice; Health and Safety and conflict reduction. Such courses should be
provided at the commencement of employment and should include regular refresher

training as tiie basis for the continuous professional development of enforcement agents.
Procedures must be in place to ensure that all agents are subject to regular appraisal
and performance reviews, at a minimum of yearly intervals. Such appraisal should
include identification of training needs as well as a review of incidents and complaints.
Enforcement agencies must work in a way that, so far as possible, allows them to
distinguish between debtors who can't pay and those who could pay or who won't pay.
An audit of the agency's accounts by independent accountants should be undertaken at
least once a year. This requirement should be mandatory and accordingly applies in the
case of large and small companies and sole traders.
An audit of individual enforcement agents must be conducted at least annually. Ideally
this audit should be independent of the officer's line management.
Enforcement agencies must keep a complete record of all financial transactions in
whatever capacity undertaken. A separate account for monies due to the creditor should
be maintained and accurate books and accounts should be kept and made available to
establish monies owed to the creditor.
Comprehensive insurance must be in place, to include:

professional indemnity
public and employers liability
cover for goods taken into control including goods in transit.

All enforcement agencies must maintain sufficient telephone lines, with sufficient trained
and competent staff available to answer debtor calls. Telephone calls must be answered
within a reasonable time limit.
Enforcement agencies must maintain strict confidentiality and compliance with the
relevant data protection regulations.
Enforcement agencies must ensure that legislation restricting the enforcement activity to
enforcement agents is complied with.
Initial Contact
Advance written notice in the form of a Notice of Enforcement must be given to the
debtor at least 7 clear days before a visit. A period of less than 7 days may be permitted
if a court has ordered a shorter period.
The CIVEA guidance recommends that, unless the creditor wishes otherwise or where delay
might jeopardise the case good practice would be to allow 14 actual days'
notice to ensure that 7 clear days' notice is given to allow for postal delays and Sundays
and Bank Holidays.
All documents, whether posted or hand delivered must be in accordance with the
relevant legislation and should not be ambiguous or misleading.
Recruitment:
Only staff who have been subject to appropriate pre - employment vetting and who are
able to provide verifiable and satisfactory references must be engaged as an
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Enforcement Agent.
All staff that will be engaged in a direct customer facing position must be subject to a
check with the Disclosure and Barring Service. As a result of legislation introduced in
2006, Enforcement Agents are exempt from the provisions of the Rehabilitation of
Offenders Act.
Staff directly engaged in enforcement by taking control of goods must not have
previously been convicted of any (unspent) criminal offence or any offence involving
fraud, dishonesty or violence or have any current County or High Court judgments
made against them.
Training:
Enforcement agencies must ensure that all agents, employees and contractors are
provided with appropriate training to ensure that they understand and are able to act, at all
times, professionally and within the bounds of the relevant legislation. This training should
be provided at the commencement of employment and at intervals afterwards to ensure
that their knowledge is kept up to date.
Professional training/assessment should be to a standard that complies with relevant
legislation
Enforcement agents should be trained to recognise and avoid potentially hazardous and
aggressive situations and to withdraw when in doubt about their own or others' safety.
Enforcement agents should be trained to recognise vulnerable debtors and to act in
accordance with the relevant legislation and any specific client instructions.
Attendance at the Debtor's Address:
Enforcement agents must carry out their duties in a professional, calm and dignified
manner. They must dress appropriately and act with discretion and fairness. Officers
must conduct themselves in a humane, firm but fair manner and will act responsibly
and shall do nothing to prejudice the reputation and integrity of their client or
employing organisation.
Enforcement agents must not misrepresent their powers, qualifications, capacities,
experience or abilities and must not discriminate unfairly on any grounds including
those of age, disability, ethnicity, gender, race, religion or sexual orientation.
Enforcement agents must act within the law at all times, including all defined
legislation and observe all health and safety requirements in carrying out
enforcement. They must maintain strict client confidentiality and comply with Data
Protection legislation and, where appropriate the Freedom of Information Act.
When attending a domestic property to meet with an individual debtor, the enforcement agent
shall take reasonable steps to ensure he/she is speaking directly to the debtor, before
identifying himself or herself as an enforcement agent. If the debtor is unavailable the
enforcement agent must ascertain when they will be available. Every effort should be made not
discuss the nature/purpose of their visit with anyone other than the debtor and the
enforcement agent shall take care to ensure that the debtor's circumstances are not gven to or
discussed with a third party. This might be relaxed when speaking with a spouse/partner or
close relative of the debtor. When attending a business and the debtor is not available, the

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enforcement agent may deal with a person in apparent authority who is on the premises where
those premises are used, either wholly or in part, to carry on a trade or business.
The enforcement agent shall clearly state to the debtor the purpose of the visit,
informing the debtor which enforcement agency they are employed / engaged by
and that they are acting on behalf of a particular (named) client.
It is a fundamental principle of this code that all agents must properly identify
themselves when asked to do so and must not attempt to misrepresent their status
or powers.
Agents must not imply that they are anything to do with the police or any other
government agency.
Enforcement agents should always produce relevant identification to the debtor, such as
a badge or ID card, when asked to do so.
When required by legislation, the written authorisation of the relevant local authority must
also be shown to the debtor if it is requested.
The relevant documentation, including details of costs incurred to date must be handed to the
debtor, or left at the premises.
Enforcement agents shall at all times attempt to act in a way to minimise
embarrassment, inconvenience and distress to the debtor and/or his/her family. In
particular, they must avoid responding unreasonably to provocation.
The name of the actual agent attending the premises must be made clear on any
documents left with the debtor or left at the premises. All relevant contacts and
telephone numbers should be clearly displayed, as should the relevant reference
number(s).
The purpose of the enforcement agent's visit must be explained to the debtor. The
warrant or order instructs the enforcement agent to take control of goods, to secure
payment of the debt under threat of the removal and sale of those goods. If on
attendance, contact is made with the debtor, the enforcement agent should attempt to
recover the full amount owed, as quickly as possible, taking into account the
circumstances of the individual debtor.
The consequences of a failure to pay, together with the details of the fees that have
already been incurred and any additional fees / costs that may be incurred, must be fully
explained. If settlement is not immediately forthcoming the enforcement agent should
consider the appropriateness of a controlled goods agreement, with a suitable payment
arrangement.
Debtors must not be pressed to make unrealistic offers and should be asked to consider
carefully any offer they voluntarily make.
When dealing with individual debtors, enforcement agents should, 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 must be left at the address in a sealed envelope addressed to the
debtor. When attending a business and the debtor is not available, the enforcement agent may
deal with a person in apparent authority who is on the premises where those premises are
used, either wholly or in part, to carry on a trade or business.

A family member or other 3"^ party should not be pressured into paying the sum due on
behalf of an individual debtor, though the enforcement agent may accept a voluntary payment,
if tendered, and which might avoid goods being seized or removed.
Taking control of goods must be conducted in a humane and fair manner and
in accordance with the relevant regulations and codes of practice. Goods
should not normally be removed where the sale price achieved at auction is
unlikely to exceed the costs of removal.
All reasonable attempts should be made to ensure that the debtor is present
when goods are taken into control.
Enforcement agents shall, at all times, act In such a way as to minimise any
embarrassment to debtors. Wherever possible the debtor should be
interviewed in private unless the debtor wishes otherwise or declines the
invitation.
When goods are taken into control, a complete inventory of the goods covered
must be made. The inventory must detail individual items and not include
"catch all" items purporting to cover goods not specifically listed. There must
be no doubt as to which goods are in the enforcement agent's legal
possession.
Attendance/Time:
The enforcement agent may take control of goods on any day of the week.
Enforcement action should only be carried out between the hours of 6.00 am
and 9.00 pm, or at any time during trading hours, unless otherwise authorised
by a court.
Enforcement agents should be respectful of the religion and culture of others
at all times. They should attempt to be aware of the dates for religious festivals
and carefully consider the appropriateness of undertaking enforcement on any
day of religious or cultural observance or during any major religious or cultural
festival.
Entry to Premises
Before seeking access to premises an enforcement agent should ensure, where
possible, that the debtor is still resident at the property or carries on a business or trade from
the premises.
Force should not normally be used to gain entry to premises in the first instance
and deception should never be employed to gain physical access to premises.
Force may only be used to gain entry in limited circumstances and an
enforcement officer must not misrepresent his power to force entry.
A power to enter premises by force exists for the execution of warrants of control
to enforce criminal penalties. This power should only be used to the extent that it
is reasonably required and only after the debtor has been warned that the power
exists and the consequences of a wilful refusal to co-operate.
Removal of Goods
Enforcement agents must only take goods in accordance with the appropriate
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regulations or statute. When goods have to be removed the agent must ensure
that sufficient and appropriately skilled personnel are available.
Only goods that belong to the debtor or in which he/she has an actual interest may
be taken.
Enforcement agents must ensure that goods are handled with reasonable care so
that they do not suffer any damage whilst in their possession and should have
insurance in place for goods in transit so that if damage occurs this is covered by
the policy.
Removed goods must be transported in vehicles suitable for the purpose and
packed and secured in such a way as to minimise the risk of damage to them. Goods must be
stored in such a place and manner as to minimise the risk of theft, damage or deterioration.
Any sub-contractors engaged to assist in a removal must be directly supervised by
the enforcement agent.
Enforcement agents should take all reasonable steps to satisfy themselves that
the value of the goods taken into control is proportional to the value of the debt
and the charges owed. Goods belonging to, or for the exclusive use of a child
should not be removed.
When goods are removed the enforcement agent must comply with the legal
requirements relating to notices and inventories. Reasonable care must be taken
of the debtor's goods pending sale, including suitable and secure storage facilities
and adequate insurance cover. Any sale which takes place must be properly
publicised and as many potential buyers as possible encouraged to attend, to
secure the best price available.

Certain goods are protected from being taken into control. Enforcement agents
should be familiar with the circumstances when goods are exempt.
Fees
The Enforcement Agent must provide details of any direct charges to the debtor.
There are three stages of enforcement, the compliance stage, the enforcement
stage and the sale stage. Specific fees are payable by the debtor should each
stage become necessary. If full payment is made at the compliance stage only the
compliance fee is incurred. Details of the fees and disbursements which are
payable are set out on the CIVEA website.
Enforcement agents will clearly explain to the debtor the consequences of taking
control of goods and ensure that debtors are aware of any additional charges that
will be incurred.
Enforcement Agencies must make payments to clients on account of monies
collected at agreed intervals. Each payment must be supported by a schedule
giving sufficient information to enable the client to credit each debtor's account
correctly.
There must be adequate facilities available to allow the debtor to make payment
both to an office location and directly to the enforcement agent.

Costs charged to the debtor should be strictly in accordance with the relevant
regulations.
Complaints
Enforcement agencies must aim to provide a high level of customer care and must
operate comprehensive complaints and disciplinary procedures with which
enforcement agents must be fully conversant. How to make a complaint should be
easily ascertainable by the debtor and obstacles must not be placed in the way of
complainants.
It is recommended that within 10 working days of receiving a complaint, the
enforcement agency write to the debtor, acknowledging receipt of the complaint
and enclosing a copy of their complaints procedure, and informing the debtor that
the complaint has been registered and will be investigated in accordance with that
procedure. The complaints procedure must detail any escalation procedure, set
out timeframes and provide details of the CIVEA complaints process.
Enforcement agencies must make available details of the complaints procedure on request or
when circumstances indicate it would be appropriate to do so.
Information & Confidentiality
All information obtained during the administration and enforcement of warrants or
orders must be treated as confidential.
The enforcement agents themselves must comply with Data Protection and
Human Rights legislation.
Vuinerabie Persons
Enforcement agencies/agents and creditors must recognise that they each have a
role in ensuring that the vulnerable and socially excluded are protected and that
the recovery process includes procedures agreed between the agent/agency and
creditor about how such situations should be dealt with.
The appropriate use of discretion is essential in every case and no amount of
guidance could cover every situation, therefore the agent has a duty to contact the
creditor and report the circumstances in situations where there is potential cause
for concern. If necessary, the enforcement agent 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 enforcement agent who should avoid taking action
which could lead to accusations of inappropriate behaviour.
Where the debtor is a vulnerable person the enforcement agent should give the
debtor an adequate opportunity to get assistance and advice in relation to the
exercise of the enforcement power.
A debtor may be considered vulnerable if, for reasons of age, health, disability or
severe financial insecurity, they are unable to safeguard their personal welfare or
the personal welfare of other members of the household.
Enforcement agents must withdraw from domestic premises if the only person
present is, or appears to be, under the age of 16; they can ask when the debtor will
be home - if appropriate.
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Enforcement agents must withdraw without making enquiries if the only persons
present are children who appear to be under the age of 12.
Enforcement agents should not enter premises if a child under 16 or a vulnerable
person is the only person present.
Wherever possible, enforcement agents or their client should 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.
Those who might potentially be vulnerable include:
the elderly;
people with a disability; the seriously ill;
the recently bereaved single parent families; pregnant women;
unemployed people; and,
those who have obvious difficulty in understanding, speaking or reading
English.
Where a debtor is discovered to have:
serious illness
mental impairment
learning difficulties
physical disabilities
Then enforcement should cease and the matter should be referred back to the
client for guidance.
Creditors' Responsibilities
In order for the enforcement process to work effectively, creditors must be fully
aware of their own responsibilities. These should be observed and set out in terms
of the service level agreement (SLA) with their enforcement agent/agency.
Creditors must not seek payment from an enforcement agency or enforcement
agent in order to secure a contract.
Creditors must notify the enforcement agency of all payments received and other contacts with
the debtor.
Creditors have a responsibility to advise all debtors that if payment is not made
within a specified period of time, action may be taken to enforce payment.
Creditors must not issue an instruction knowing that the debtor is not at the
address, as a means of tracing the debtor at no cost. All background information
relating to the debtors circumstance or health / welfare, together with any relevant
case history, should be given to the enforcement agency when they are instructed
to collect the debt.
Creditors must provide a contact point at appropriate times to enable the
enforcement agent or agency to make essential queries particularly where they
have cause for concern.
Creditors will avoid using enforcement agencies when they have evidence that a
debtor falls within the category considered 'vulnerable'. Vulnerable persons may
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inciude: Disabled persons

The long term sick or seriously ill
The recently bereaved
Those experiencing communication difficulties
Debtors Obligations
A debtor is equally responsible for ensuring that an enforcement encounter is
concluded in a civil, polite, honest and non^hreatening manner. An enforcement
agent is entitled to be treated with respect and courtesy and should not be
subjected to violence, threats or intimidation.
Attendance by an enforcement agent is never the first course of action by a
creditor and consequently the enforcement agent is entitled to assume that the
debtor is fully aware of the liability. The agent is equally entitled to assume that the
debtor has received and understood any postal documentation sent by the
enforcement agency or the creditor.
Debtors should ensure that they respond immediately to correspondence and
should not attempt to delay matters by making false claims or attempt to conceal
their true identity. A failure to respond to correspondence and/or contact from the
enforcement agency will inevitably result in the matter being escalated, with the
potential for goods to be seized and removed, thus incurring additional costs,
charges and fees.

Debtors should understand that any documents posted or delivered to the debtor's
address by the enforcement agents will be deemed to have been delivered.
If a debtor believes that they have a legitimate challenge to the debt, this must be
raised immediately and progressed without delay. The grounds of any challenge
must be communicated to both the creditor and the enforcement agency,
supported by evidence.
Debtors who may feel that they fall into a vulnerable or hardship category must
inform the enforcement agency immediately of their circumstances. They should
be aware that such claims must be corroborated, which may involve a personal
visit to observe their circumstances.
if a debtor does not understand what is happening or needs help in dealing with
their debt then they should seek the assistance of a free advisory service
immediately. If doing so they should provide that agency with ALL documentation
they have received.
Debtors should realise that delay may increase costs, fees and charges. Ignoring a
debt does not make it go away, it merely delays the inevitable and may increase
costs, charges and fees.
The warrant or order that is being enforced empowers the immediate taking of
goods and there is no automatic right to have an extended payment arrangement
or instalment plan. When an enforcement agent first demands payment they are
seeking full payment. Any agreement for extended terms is solely at the
enforcement agent's discretion.

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If a payment is promised or an agreement or arrangement is reached for

settlement of a debt, the debtor must keep to the strict terms of that contract.
Should the terms of an agreement be breached or broken the debtor should
understand that the enforcement agent will proceed to recover the full remaining
debt, with additional costs.
If paying by debit/credit card or by cheque, a debtor should ensure that there are
sufficient funds by which to pay the amount and realise that if the payment by card
is declined or the bank return a cheque unpaid then the enforcement agent will
return and further costs, charges and fees will be applied.
It is common practice for advisory agencies to recommend that a debtor should
deny access to the enforcement agent and refuse to sign any documentation. The
debtor should realise that by accepting this advice they could be prejudicing the
potential for an instalment plan to be agreed and any accessible goods could be
removed immediately.
If a debtor disputes the level or appropriateness of any cost, charge, or fee they
can apply to the court for those items to be assessed, once payment has been
made.
A debtor should be aware that If the enforcement agent is not successful in
recovering the debt due, then the creditor, subject to the relevant legislation, has
several other options open to them to achieve recovery of their money, which can
include; attachment of earnings or benefit, administration or sequestration orders,
bankruptcy or liquidation, or committal to prison.
Third Party Advisors
An enforcement agency is not legally obliged to deal with a third party advisor.
Agencies will normally deal with bona fide organisations, but only if they are in
possession of evidence that they are empowered to act and if their involvement is
beneficial to clearing the debt.
Advisors should restrict themselves to relevant issues, namely settlement or
discussion of the actual debt. Making uncorroborated and possibly unfounded
claims or allegations against the actual agent or their company is not constructive
to bringing the matter to an amicable conclusion.
If an advisor believes that the debtor has a genuine grievance in respect of their
treatment, this should be addressed as a separate issue, firstly to the agent or the
relevant enforcement agency. If the grievance is not resolved at this first stage, it
can then be escalated to the CIVEA Complaints system.
The recovery agents are not bound to accept any offer made by an advisor and
may refuse such offers if they are felt to be unreasonable.

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