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individuals and the government.
Modero Charter
The Modero Charter contains a number of basic principles that every bailiff in the Modero Network should strive for. These agreements are considered quality standards and have been brought together under three names.
Social responsibility
Each partner is committed to:
- Not to accelerate the negative financial spiral that the customer may be in. On the contrary, the bailiff will take into account the customer's financial situation to prevent his situation from deteriorating structurally.
- No costs are charged other than the costs provided for in the underlying agreement or by the legislator. We have been in favour for some time that the bailiff does not charge the customer any sky-high costs with regard to claims against consumers. This Charter reiterates this principle.
- To respect and protect the customer's privacy. Having a file with a bailiff for unpaid debts can be a sensitive issue. That is why each bailiff will also ensure that he only discusses the content of this file with the customer (or his agent). When exchanging data regarding the identity and/or solvency of the customer, all necessary measures must also be taken to prevent this information from falling into the hands of a third party.
- Preferring an amicable process if he can thus serve the client's interests. That is why each bailiff will always try to contact the customer and make him/her a proposal to settle the file amicably. Only if the customer shows an unwillingness to reach an amicable settlement will legal proceedings with a view to forced execution be initiated.
Professional integrity
Each partner commits to: By setting a new standard for how bailiffs collect debts, it is all the more important that we protect and strengthen the image and integrity of the office of bailiff. Each bailiff therefore undertakes to take a number of measures to this end:
- In line with our vision, the bailiff is someone who is aware of today's debt recovery problems and who is looking for concrete solutions for tomorrow. That is why every bailiff must be aware at all times and actively informed about the latest developments in legislation and deontology.
- If there is discussion or uncertainty with regard to the concrete implementation of legal or deontological provisions, the bailiffs who jointly carry out an assignment will, after collective consultation, use the interpretation that least harms the customer's rights and best serves the client's interests. When we have to take such a position, we will also take active steps to stop the discussion or ambiguity. This can be done by submitting the matter to the National Chamber of Bailiffs of Belgium, or to the legislator or to the judge.
- The bailiff will also be aware of the responsibility associated with his office. Even outside the performance of his duties, the bailiff must be aware of the role model associated with his office. For example, personally or through a company, he will not take any steps that could raise doubts about compliance with the obligations of professional secrecy, deontology or integrity, for example by engaging in commercial activities that are incompatible with or at the service of his duties as a bailiff.
- The bailiff will also ensure that he maintains his objectivity, independence and impartiality at all times. If he is of the opinion that a particular case cannot be dealt with by him within these standards, he will refrain from intervening in the file and will entrust the case to another bailiff.
- Of course, the Charter applies not only to the bailiff, but also to all subcontractors and service providers who help him perform his duties. The bailiff is responsible to the client for ensuring that the service provider or subcontractor complies with the principles of the Charter.
Transparent Services
Each partner commits to: By setting a new standard for how bailiffs collect debts, it is all the more important that we protect and strengthen the image and integrity of the office of bailiff. Each bailiff therefore undertakes to take a number of measures to this end: Finally, the third part of the Charter contains a number of obligations that allow the customer, the client and all other parties involved to act in openness and honesty. Since we, as bailiffs, manage significant amounts of third-party funds that come from the customer and accrue to the client, we need to be fully transparent about this. That's why:
- The bailiff must be able to demonstrate the financial stability and continuity of his practice at all times. If and for as long as there is a risk that the bailiff's office will run into financial difficulties, the partners will ensure that the third-party funds and files entrusted are further treated properly.
- It must be possible to provide the customer with a detailed statement of each file at any time. In addition, the customer must also have access to the documents in his file, unless this would violate other provisions of the Charter concerning social responsibility, professional integrity or transparent service. At his simple request and at least quarterly, the client must also be able to provide a detailed overview of the collected funds.
- Will the bailiff handle third-party funds separately, both in accounting and banking terms. The bailiff will monitor the receipts, destinations and transfers in separate accounts. The funds will also always be in a segregated third-party account, so that mixing with the firm's own funds is excluded.
Does each bailiff accept that an external audit can and will be carried out on the management of third-party funds. The preparation for a possible audit will be presented annually. When an external audit has taken place, the results are also communicated to the other partners.Read our code of ethics here.