Can the same insolvency practitioner continue ...

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johnny697

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Post by johnny697 » Mon Jan 25, 2021 5:04 pm
Can the same insolvency practitioner continue in roll after failing it and trying to make you bankrupt?

kallis3

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Post by kallis3 » Mon Jan 25, 2021 5:08 pm
Yes they can. Why did your IVA fail?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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johnny697

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Post by johnny697 » Mon Jan 25, 2021 5:18 pm
According to the certificate of failure; it was due to "The realisations in my IVA to date are insufficient to declare a dividend of 100% to my creditors." No Creditors are listed on the Bankruptcy petition. Would this be red flagged to the Insolvency Practitioner's Regulator?

kallis3

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Post by kallis3 » Mon Jan 25, 2021 5:30 pm
Did your IVA say you had to pay back 100% plus fees? I doubt it would be red flagged.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

johnny697

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Post by johnny697 » Mon Jan 25, 2021 5:41 pm
Yes that's correct. The Insolvency Practitioner in question was found no longer to be a fit and proper person to act as an Insolvency Practitioner on foot of my complaint;

kallis3

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Post by kallis3 » Mon Jan 25, 2021 6:10 pm
In that case it sounds as though he can no longer act as an IP but I could be wrong.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

johnny697

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Post by johnny697 » Mon Jan 25, 2021 6:16 pm
The IVA was reinstated by High Court Order; the complaint was filed in January but in September the Insolvency Practitioner failed the IVA for a 2nd time; but didn't take it to the Creditors or go back to Court; then the outcome of the complaint stated he had lost his licence because he was no longer fit ad proper to act. Does this not mean my IVA is still live?

kallis3

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Post by kallis3 » Mon Jan 25, 2021 6:27 pm
I don't know. Have you checked the Insolvency Register to see if you are still on there?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

johnny697

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Post by johnny697 » Mon Jan 25, 2021 6:39 pm
The IVA is not listed on the Insolvency Register; but an Insolvency Practitioner surely ceases to act when a serious complaint is upheld? For proper closure, finalisation a successor Insolvency Practitioner should have been appointed to gather evidence, maintain public confidence, bring iva to satisfactory conclusion, trace and realise assets and pursue any claims under Insolvency Bond. as per (BIS) The I.P's regulator did not require the I.P to have Professional Indemnity Insurance and a GDPR request for the full IVA file; has had a very late response, stating the I.P has destroyed the files, and can remember the date of the 2nd failing; but not when the I.P tried to cover their tracks?

kallis3

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Post by kallis3 » Mon Jan 25, 2021 7:03 pm
Files should not have been destroyed. Which company was it?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

johnny697

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Post by johnny697 » Mon Jan 25, 2021 7:05 pm
Lismore Group

johnny697

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Post by johnny697 » Mon Jan 25, 2021 7:08 pm
By being allowed to continue after 1st failing IVA, taking bankruptcy proceedings, and continuing in roll with no creditors listed would this not be very serious, "Conflicts of Interest?"

Foggy

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Post by Foggy » Mon Jan 25, 2021 7:18 pm
There could be a case but we are not qualified to advise. I would suggest you consult a solicitor with insolvency experience to maybe consult with the Insolvency Service, the Regulatory body and, maybe, the court already involved in the first failure.
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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johnny697

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Post by johnny697 » Mon Jan 25, 2021 7:31 pm
The Insolvency Practitioner Tribunal Panel found in removal of licence; in office of supervisor; "The I.P Failed to have objective regard to the appropriate interests of the Debtor in management of IVA, whereby an inappropriate first failing of the IVA was reversed by the Court." Without the requirement of Professional Indemnity Insurance for I.P's under their regulation, and no paperwork as the I.P destroyed files; is this whole matter not of Public Interest? (As without paperwork there can be no proper means for justice and redress; especially with overriding concerns on the uneven regulation & monitoring of I.P's and the unfair Insolvency Market that allows this to happen?

kallis3

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Post by kallis3 » Mon Jan 25, 2021 7:40 pm
I agree with Foggy that you now need to seek legal advice.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
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