Employment and an IVA

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lifenoteasy

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Location: United Kingdom

Post by lifenoteasy » Mon May 25, 2015 9:50 am
I posted something similar to this earlier to a new post but it appears to have been deleted.

The response was based on what "is" not what I would prefer it to be.

Someone's credit history and it's ability to be used to see whether you should be employed is defined by statute and common law (and in this country that is out of date).

Any employer has the legal ability to access a limited form of your credit history to decide whether to employ you or not.

Most don't but there are some that will e.g. banking and police plus there are things that you may not be able to do e.g. trustee of a charity in an IVA nor can you administer a Lasting Power of Attorney if you are bankrupt etc.

There are certain elements of this linked to the role of an IP, the Insolvency Service and certain actions e.g. unnecessary or unjustified delays in sending a completion certificate that possibly could be challenged under the Human Rights Act.

IP's have challenged in court over the last few years but it comes down to how strongly someone feels that they have been disadvantaged whether they do this.

The Insolvency Service is currently receiving around 80 complaints per month with around 23% being linked to a breakdown in communication.

The Insolvency Practitioners Association has also stated that a proportion of complaints that go to regulators do not result in anything because "Most complaints are from debtors (typically in IVAs) or creditors. Of those rejected, most were because of insufficient information/evidence provided by or non-cooperation on the part of the complainant, where the complainant was primarily concerned about or had a general lack of
understanding of insolvency
procedures and their impact (and
therefore there was no potential
liability to disciplinary action);"

It's a bit of a Yes Minister scenario i.e. a person in an IVA is supposed to know what the insolvency procedures are but I always thought that was the role of the IP.

Around 10 IP's were disciplined and received fines last year and those are listed in the Insolvency Service Annual Report which is in the public domain.
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.
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