If you are unhappy with your IVA or the way that your IVA Company has handled your case you can complain. To make a complaint you should use the following process.

Included in this article:

• Try and resolve complaints directly with your IP first
• Escalate to the Insolvency Service
• When to escalate a complaint direct your IP’s Authorising Body

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Try and resolve Complaints directly with your Insolvency Practitioner first

Your Insolvency Practitioner (IP) is the person ultimately responsible for your IVA. If you want to complain about the Arrangement or the conduct of your IVA company’s staff you should take it up directly with your IP first.

Many IVA companies are large. As such you may never have spoken to your IP and you may not know who they are. One way to find out is to review your original IVA documentation. Their name should be stated within this.

Failing that they will be listed within your record in the Insolvency Register. You can also look them up on the register of Insolvency Practitioners by searching on the IVA Company name. However remember that some companies employ multiple IPs.

Once you have identified your IP you should write to them directly. Detail your complaint and how you feel that the problem should be resolved. You should send your letter recorded delivery.

Escalate your Complaint to the Insolvency Service

If you have tried to complain to your IP but remain unhappy you can escalate to the Insolvency Service. This is the Government department which oversees most IPs in the UK.

You make your complaint online via the Complaints Gateway. Once received it will be reviewed to ensure it is in the scope of the complaints system. If so it will then get passed to the relevant regulatory body for further enquiry.

The Complaints Gateway covers complaints where the actions or behaviour of the IP may result in them being liable to disciplinary action. For instance there must be an indication of a breach of the insolvency legislation, Statements of Insolvency Practice, RPB regulations and guidance or code of ethics.

You should not escalate a complaint to the Complaints Gateway unless you have tried to resolve the problem directly with your IP first. You are likely to be asked for an account of these discussions.

The Complaints Gateway covers Insolvency Practitioners regulated by the following bodies:

• The Insolvency Practitioners Association
• The Institute of Chartered Accountants in England and Wales
• The Association of Chartered Certified Accountants
• The Institute of Chartered Accountants of Scotland

When to escalate a Complaint direct to your IPs Authorising Body

The Complaints Gateway does not cover complaints made against Insolvency Practitioners authorised in Northern Ireland or by the Law Societies of England & Wales or Scotland.

In your IP is authorised by one of these organisations you must complain directly to the relevant one. You can find their contact details here: Insolvency Practitioner recognised Professional Bodies.

You should contact the relevant body and follow their individual complaints process. Each will have its own complaints procedure and will explain to you how to make a complaint.

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