Just got this in my inbox concerning the recent petition that Andy started:
Read the Government’s response
The Individual Insolvency Register is a statutory register. It is provided as a safeguard to the public to allow people to make better informed decisions about their dealings with individuals who are bankrupt or subject to an Individual Voluntary Arrangement [IVA]. The register is maintained for the Secretary of State by The Insolvency Service and to assist the public the register is accessible and searchable, free of charge, over the internet.
The Secretary of State is required, by the provisions of the Insolvency Act and Insolvency Rules to maintain the register. It is open for public inspection and therefore would not be entitled to limit commercial access to the register.
A subscription service is available to commercial users, offering the same particulars that are on the public register on a daily download format. The terms and conditions of use are under regular review.
Whilst the publication of a debtor’s particulars is a legal consequence of individual insolvency, the improper use of the personal details of an individual cannot be condoned. Protection is available for the public from unsolicited offers, misleading advice and unscrupulous marketing practices by companies who are taking personal information from the Individual Insolvency Register. Debt Advice Providers are licensed by the Office of Fair Trading [OFT] and must satisfy the OFT when applying for a credit licence that they are a fit person to engage in the activities identified on the licence application before a licence is issued. Once a licence is granted, the licensee must maintain the required standard of fitness. Should this not be maintained, the OFT will decide on the appropriate enforcement mechanism in the light of the facts and circumstances of the individual case, especially the risk of detriment to consumers. Where concerns about conduct are serious, or there are concerns about a person’s integrity, the OFT may conclude that they are not fit to hold a licence and will act to refuse or revoke a licence. Complaints about a Debt Advice Provider may be made directly to the OFT by consumers, other Debt Advice Providers or 3rd party organisations such as Citizen Advice. Complaint forms and complaint evidence checklists are available on the OFT’s website.
Hi Ray.
I got a reply from Downing Street this morning just like you. What the answer does not address is what happens when these sharks who have no consumer credit licences contact, frighten and give bad advice to vulnerable people?