Richard Fuller – 2014 Parliamentary Question to the Department for Business, Innovation and Skills

The below Parliamentary question was asked by Richard Fuller on 2014-06-16.

To ask the Secretary of State for Business, Innovation and Skills, how many complaints the Government has received on the England and Wales personal insolvency regime in relation to (a) bankruptcy, (b) individual voluntary arrangements and (c) debt relief orders in each year since 2010; and what the nature was of such complaints.

Jenny Willott

The Insolvency Service (Agency) does not hold records that categorise complaints in this way for 2009/10, 2010/11 and 2011/12. The Agency’s records are held in relation to complaints received in respect of the official receiver’s administration of bankruptcies and debt relief orders (DROs) from 2012/13 onwards.

Since June 2013, following introduction of the Insolvency Practitioner Complaints Gateway, the Agency has maintained records of complaints made against Insolvency Practitioners (IPs) and their administration of individual voluntary arrangements (IVAs) and Trust Deeds (a Scottish equivalent of IVAs) – no records are held for IVAs alone.

The following table summarises complaint numbers in respect of the official receiver or IP’s administration of bankruptcies, IVA/ Trust Deeds and DROs.

Records detailing the nature of complaints received in relation to the official receiver’s administration of bankruptcy and DRO cases have only been held since 2013/14. The complaints are categorised as follows:

Delay in taking action;

Delay in replying to correspondence;

Delay in returning telephone calls;

Personal conduct (of a member of staff);

Misleading/ incorrect information;

Failure to inform/ reply;

Failure to act;

Incorrect action; and

Quality of service by 3rd party acting for the Agency.

The nature of complaints received in respect of an IP’s administration of IVAs are categorised as follows:

Complainant not receiving a completion certificate;

IP’s failure to deal with correspondence;

Complainant disputing payment protection insurance compensation is asset in IVA;

Complainant believes they were given poor advice; and

IP failed to deal with an IVA/ Trust Deed in a timely way.