Can I request to see correspondence between IP and HMRC(Creditor)?
- Thread starter holiam
- Start date
- Original Poster
- #3
Why do I not want to see it.....
I've already logged and complained regarding some basic duty of care issues, and on two occasions where IP had made a serious error which could form part of a professional negligence claim, especially if the costs and charges of the IP rectifying their own mistakes form part of the settlement I am being chased for
But the main reason is on a few occasions where nothing would seem to be progressing for 2 to 3 months, when I've chased IP requesting settlement, the response was that they were awaiting HMRC response.
So when the total hourly charge out rate for the 6 employees assigned to my insolvency >£1,500 and charges applied during these prolonged period of silence, then I don't think it's unreasonable to request the above detail.
2.5 years to reach settlement for liquidating a LTD company that traded for 4 years, sole director, no assets, no staff, 1 client, no debtors, 1 creditor (HMRC) turning over c.£100k / year - with an IP settlement for £140k
Am I being unreasonable?, is it just me or does anyone think this sounds a little excessive? I appreciate you are IP's and I'm sure very good too. MY IP is an accountancy firm ranked in the top 15 in UK by revenue, so I'm sure this excessive charging is to keep their shareholders happy.
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I have no idea but like Clinton am very curious.
It would seem equitable that fees charged should be transparent ...and on the basis that if you have nothing to hide, etc., etc. Whether that is covered by the FOI or Data Protection legislation I don't know.
It would seem equitable that fees charged should be transparent ...and on the basis that if you have nothing to hide, etc., etc. Whether that is covered by the FOI or Data Protection legislation I don't know.
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The old 1986 rules used to say a creditor can ask to see documents from the IP but the IP had the right to refuse per this rule:
http://www.legislation.gov.uk/uksi/1986/1925/article/12.13/made
I can't easily see the equivalent under the 'new' 2016 rules, which can be found here and I'm afraid I don't have time to have a detailed look:
http://www.legislation.gov.uk/uksi/2016/1024/contents/made
I can't comment on your specific circumstances as I don't know whether the IP has acted reasonably but if you think they haven't then follow their complaints procedure which can then be escalated here:
https://www.gov.uk/complain-about-insolvency-practitioner
http://www.legislation.gov.uk/uksi/1986/1925/article/12.13/made
I can't easily see the equivalent under the 'new' 2016 rules, which can be found here and I'm afraid I don't have time to have a detailed look:
http://www.legislation.gov.uk/uksi/2016/1024/contents/made
I can't comment on your specific circumstances as I don't know whether the IP has acted reasonably but if you think they haven't then follow their complaints procedure which can then be escalated here:
https://www.gov.uk/complain-about-insolvency-practitioner
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