Professional misconduct claim

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mijbil

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Post by mijbil » Tue Sep 08, 2015 12:57 pm
I have been involved in a long term dispute with a well known firm of Insolvency practitioners over the last 5 years as I felt they had breached the duty of care within our contract, which resulted in me making a formal complain to the national professional regulatory body.

In essence, the practitioner did not communicate with with me, and despite me settling in full 2 years early, he held me in the IVA until almost the original completion date.

Last week, the professional body (The Insolvency Practitioners Association, IPA) found the practitioner had breached their duty of professional competence and due care, and a prima facie case of misconduct was found. This has been accepted by the practitioner, and a disciplinary order has been proposed. This is very very good news for me, and also anyone else who has been treated poorly by their practitioner, and been held in an IVA longer than is fair. If you are in this position, complaining to the IPA is well worth it.

The investigation committee of the IPA have imposed a fine of £9,500 plus costs against this practitioner, however this fine is awarded to the IPA, not myself as the wronged party.

I therefore wish to make a claim for negligence against the practitioner for the personal and financial hardship and stress I have suffered over the last 5 years, based upon the fact that a case of misconduct has been found and accepted. Having spoken to local solicitors, they seem to think they need to have specialist in insolvency, and are therefore reluctant to take on the case, however in my opinion, as the practitioner has accepted the charges and fine, surely this should be a straightforward case. Does anyone know a good solicitor who might be able to help me?
 
 

Lisa Thomas

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Post by Lisa Thomas » Tue Sep 08, 2015 1:01 pm
Hi I know several insolvency lawyers - please feel free to call me to chat through so I can recommend the best suited. Where are you based?
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

lifenoteasy

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Post by lifenoteasy » Tue Sep 08, 2015 1:10 pm
I keep banging on about this but also look at s10 of the Data Protection Act - they continued to allow data to be processed that caused harm or distress.

In this case it was factually inaccurate from the point you paid everything off early.

That may allow you to quantify the impact and cost and I would suggest the amount you were paying each year times 7 plus anything linked to missed job opportunities etc.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

mijbil

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Post by mijbil » Tue Sep 08, 2015 1:11 pm
Hi Lisa, I'm in Dorset
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Lisa Thomas

Hi I know several insolvency lawyers - please feel free to call me to chat through so I can recommend the best suited. Where are you based?
 
 

Lisa Thomas

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Post by Lisa Thomas » Tue Sep 08, 2015 2:39 pm
Hi I know a few who are close to your area. Feel free to give me a call or DM me for more details
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

Shining

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Post by Shining » Tue Sep 08, 2015 3:32 pm
Unfortunately due to spam features the direct message link has been suspended. Lisa's details can be found in her profile to the left in the Ask experts a question link then scroll down to find Lisa.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

longslog101

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Post by longslog101 » Tue Sep 08, 2015 4:52 pm
mijbil,

Well Done, from reading your historical posts I'm very glad to see that the Grant Thornton Insolvency Practitioner has been held to task. I look forward to reading about the particulars on the IPA website when published.

In the meantime I would be Interested out of curiosity to know what the advice is the you get, to pursue the individual IP or the firm they were representing or indeed both ?

Also out of interest does said insolvency practioner still work for them (or aperture) or are they elsewhere now ?

http://www.insolvency-practitioners.org.uk/ipsearch

I only asl as recently following a publication on the IPA website of findings against one of Grant Thornton IP's Aperture came to be a month later and the name longer part of GT !

Please keep us updated, sounds like you have a strong case against the individual and/or firm of which they were a representative.
Last edited by longslog101 on Tue Sep 08, 2015 4:54 pm, edited 1 time in total.
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register

IVA ended August 2015. Would recommend McCambridge Duffy
 
 

hwima

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Post by hwima » Tue Sep 08, 2015 10:18 pm
It's a shame I ended up with them yet I didn't choose them at the beginning. Whenever I reach a milestone it appears they throw something that dampens the spirits. Will be watching this closely
*IVA started Sept 2010
*Last Payment Taken August 2015
*Completion Certificate Issued November 2015
 
 

lifenoteasy

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Post by lifenoteasy » Wed Sep 09, 2015 7:52 am
It will be the ppi exercise that might happen next.

Just view it as yet another example of their failure to end the iva.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Sharon.10

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Post by Sharon.10 » Wed Sep 09, 2015 7:29 pm
I also complained to the ipa and heard back from them at the end of august this year Against my ip he got a reprimand and fine of £17,500 plus cost it was a very long investigation.
Last payment made August 2012 Certificate of Completion recieved 15th of Novenber 2013.
 
 

lifenoteasy

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Post by lifenoteasy » Thu Sep 10, 2015 7:33 am
These are by far the highest fines I have seen.

Looks like the ipa is having to flex its muscles.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

longslog101

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Post by longslog101 » Thu Sep 10, 2015 10:51 am
Hi Sharon.10

Again, well done for making the effort to complain rather than just walking away with the CC, a serious fine and I see from your historical posts you too were with Grant Thornton, now Aperture. These are big fines as lifenotaoeasy says but in the grand scheme of things nothing compared to what they make off the number they run. I hope you're considering that with such a whopping fine that there must have been some serious misconduct and that perhaps even pursuing them legally as the original poster is looking to do may be an avenue worth considering.

Karma is good, with all these fines against Grant Thornton IP's it would make a great watchdog story on BBC once the cases are on the IPA website to bring other people forward to also make complaints, I suspect your collective efforts don't even scratch the surface yet of the real situation - national television exposure could do that [:D]
Last edited by longslog101 on Thu Sep 10, 2015 10:53 am, edited 1 time in total.
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register

IVA ended August 2015. Would recommend McCambridge Duffy
 
 

FormerlyST1100

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Post by FormerlyST1100 » Thu Sep 10, 2015 11:01 am
The fines they have been receiving for the IVA side of the business are very small compared to other parts.

Just look up the fines their Audit Section has been given in July concerning the Manchester Building Society.
 
 

lifenoteasy

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Post by lifenoteasy » Thu Sep 10, 2015 11:05 am
See http://www.accountancyage.com/aa/news/2 ... iety-audit

I knew there was a reason that the Apeture brand came about - IVA via GT is damaged goods.
Last edited by lifenoteasy on Thu Sep 10, 2015 11:15 am, edited 1 time in total.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Foggy

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Post by Foggy » Thu Sep 10, 2015 11:16 am
Took the full stop off the end of your link :-)
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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