www.iva.co.uk

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?

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 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.

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?

Hi I know a few who are close to your area. Feel free to give me a call or DM me for more details

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.

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.

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

It will be the ppi exercise that might happen next.

Just view it as yet another example of their failure to end the iva.

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.

These are by far the highest fines I have seen.

Looks like the ipa is having to flex its muscles.

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]

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.

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.

Took the full stop off the end of your link