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Posted: Fri Dec 05, 2008 5:25 pm
by animaleyes76
Just got the following.. I guess some of you will have too.. A "nothing" response as ever...

Insolvreg - epetition response
We received a petition asking:

“We the undersigned petition the Prime Minister to abolish, regulate or limit private company access to the Insolvency Website.”

Details of Petition:

“We the undersigned petition the Prime Minister to: ‘abolish,regulate or limit private company access to the Insolvency Register.’ The Insolvency Register displays the name, d.o.b and address of everyone in an Individual Voluntary Arrangement or undergoing bankruptcy. Unscrupulous and unregulated companies are taking the personal information of those on the Register and using this to target these vulnerable members of society. Letters include offers of further loans and misleading advice. We would like to regulate or limit access to the Register so that it can only be used for bona fide reasons and not for the marketing of unsolicited offers from unregulated companies.”

· Read the petition
· Petitions homepage

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.

http://www.oft.gov.uk/advice_and_resour ... management

Consumers may also wish to complain directly to their local Trading Standards or through Consumer Direct (consumerdirct.gov.uk)

Posted: Fri Dec 05, 2008 5:36 pm
by TheMatrix
TYep, very disappointing and does not take into account all personal information which if released elsewhere for example those two computer discs that were lost at HMRC everyone would be up in arms about it.

But because it is insolvency were classed as second class citizens.

Posted: Fri Dec 05, 2008 5:52 pm
by Adam Davies
Hi
There is little protection before it's too late for many.Just look at how the IVA Council ran rough shot over the OFT, earning many thousands in the process.The OFT seemed very slow in dealing with this particular company.
Why is Scotland and Ireland so different ?
Regards

Posted: Fri Dec 05, 2008 6:08 pm
by james.c
What happens in Scotland and Ireland?

Posted: Fri Dec 05, 2008 6:19 pm
by Adam Davies
The Insolvency register can't be accessed by Joe Public
Regards

Posted: Fri Dec 05, 2008 7:30 pm
by plasticdaft
james.c wrote:

What happens in Scotland and Ireland?
You can however sift through the edinburgh gazette(online) and get the name and address of anyone listed as insolvent. Thats just so we dont miss out on unsolicited mail and phone calls from companies wanting to help us with our debt problems!!!


Oh that and they published my middle name which is highly embarassing!!![8D]

Posted: Fri Dec 05, 2008 7:33 pm
by james.c
apart from the junk mail we get because of the register, it really doesnt do us an harm.

Joe public dosent know about this register unless you ar in BR or an IVA

Posted: Fri Dec 05, 2008 7:40 pm
by Viki.W
Plasticdaft, what's your middle name?

Posted: Fri Dec 05, 2008 7:45 pm
by plasticdaft
Viki.W wrote:

Plasticdaft, what's your middle name?
I can safely say that you could guess from now till xmas and not get it. Unfortunately to maintain my anonimity I cant tell you as its very uncommon and I would be ousted as a bad debtor. Maybe when my trust deed is over I shall announce to the forum my name(perhaps even at a FF meet!!!)[:D]

Posted: Fri Dec 05, 2008 8:30 pm
by MelanieGiles
We will definately be holding one in Glasgow then Plasticdaft! Just so you can "come out"!!!

On a serious note, HMG's response is appalling, and ignorant of what is actually going on in this marketplace. One hopes that the publicity of David Mond's recent stance, may well leave a lot of the bankruptcy assist companies who prey on the information readily accessible on the register in England and Wales to think twice.

I had a particularly hideous telephone call with one of these firms the other day, who had deemed it acceptable to contact one of my clients calling them by their first names at the top of the letter. What an absolute cheek and invasion of people's dignity, having gone through a period of extreme stress in arriving at their debt solutions in a very private manner.

Posted: Fri Dec 05, 2008 8:47 pm
by Julie
I agree the response is appalling. How can they justify companies using the data to contact by phone / letter?

Posted: Fri Dec 05, 2008 9:05 pm
by plasticdaft
Its not a surprising response though is it really.
It would be amazing to hear HMG's repsonse if all their names and contacts details were released to all and sundry. Gordon would be interested then!!!

Posted: Fri Dec 05, 2008 9:23 pm
by olympic_torch
What else would we expect from this collection of onanists, who think its ok to pass a law in order that you could end up with a criminal record for over filling your dustbin, where you never see a police offficer walking the beat yet a whole van full can descend on to the house of commons to search an office of an mp.

i despair of this country, and if i were allowed to use profanity on here i would probably break admins bleep machine.

Posted: Fri Dec 05, 2008 10:37 pm
by kallis3
Are we really surprised?

We will now have to suffer the junk mail through the door again. Ok for us, who know exactly what to do with it, but for someone who hasn't found this site, it could mean a great deal of unnecessary expenditure.

We tried though.

Posted: Sat Dec 06, 2008 7:03 am
by TheMatrix
It is an invasion of my personal privacy. I'm registered with TPS and MPS to stop junk mail and calls, yet these inconsiderate ass***** write to me using nothing but a surname in the address, which means the letter could be opened by anyone in my household who do not know that I'm in a IVA.

And I personally want to keep it that way.

This petition was my only hope in getting this abolished. Now that has fallen down, I'm left to preying that every day nothing comes out to my address in the post from one of these companies with all the details held on the insolvency register printed within the letter for someone else to open by mistake or in the case of an incorrectly addressed letter.

I also fear for the future with regards to my personal data being published in the public domain leaving me open to identity theft in the future. NOW THAT IS TOTALLY NOT ACCEPTABLE.

If any of you, who send this junk out are reading this, PLEASE CLEAN YOUR LISTS AGAINST THE MAILING PREFERENCE SERVICE like you are supposed to. That will stop this problem ever occurring.

Rant over.