Legal and Regulatory Information

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Please note that the following applies to all information contained in this website:

ipd has made every effort to ensure the accuracy of the information contained in this website.  No liability for any loss incurred by any person or party acting or refraining from action as a result of any material contained in this website will be accepted by ipd or its employees.  Specific advice should always be sought in every instance.

When acting as an Administrator or Administrative Receiver, Martin Williamson acts without personal liability.

All logos and references to other organisations contained in this website are reproduced with permission and subject to any copyright, trade mark, intellectual property or other rights of the appropriate organisation. These may not be reproduced by any other party without obtaining the appropriate permissions from the organisations concerned. ipd accepts no responsibility for the content of third party websites.

how we provide our services

Dealing with insolvency matters can be quite complicated.  In order for us to provide the most appropriate advice or guidance to you, we need to find out as much as possible about your financial circumstances.  This means that you must be prepared to make a full disclosure of your financial affairs to us, even if this might be a little painful or even embarrassing!

Wherever possible, we will always meet face-to-face with you to discuss your situation.  We will, at the very least, discuss your situation by telephone.  Our initial meeting with you will always be free of charge, principally because it is a fact finding process, together with an opportunity for you to get to know us and for us to get to know you.  Being able to build trust between us is vital in being able to provide you with a solution.

As such, we do not provide a purely on-line service.  Whilst we may communicate by email, we will never accept formal instructions through our website.  Such instructions (known as a “Letter of Engagement”) will be in a written form (even if they have been emailed to you) following your agreement on how to take matters forward and you will need to sign the Letter of Engagement and return it to us before we can undertake any work.

Once instructions have been agreed, the person named in the Letter of Engagement dealing with your financial matters will be your main point of contact and you should always contact them in the first instance if you need anything.

We are only required by Statute and Regulation to provide an annual written update to anyone (including you!) involved in your affairs in which we are acting.  However, if you need an update at any time, you simply need to call us!

For formal purposes, REGULATION (EU) No 524/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) therefore does not apply.  If you require more information on this please click here.

recording Virtual Meetings

It is considered that office holders are permitted to record a virtual meeting to provide clear evidence of the proceedings of the meeting. Provided each attendee gives consent (which can be inferred, depending on the circumstances), recording the creditor meeting is permissible under the Regulation of Investigatory Powers Act 2000. However, as a person’s image is personal data, the recording would qualify as a processing of personal data.  In this respect, please see our Data Protection Policies.

Consent can be inferred depending on the circumstancesFor the avoidance of doubt, we consider that the deliberate actions taken by a creditor to join a virtual meeting indicate their consent to matters being recorded

Our policy in respect of the recording of Virtual Meetings is as follows:

All virtual meetings of creditors will be recorded (video and/or audio) in order to establish and maintain records of the existence of relevant facts, or decisions that are taken at such a meeting. By attending a virtual meeting you consent to being recorded, including possible recordings of your facial image. Where any recording of a virtual meeting also entails the processing of personal data, such personal data shall be treated in accordance with the relevant data protection legislation in force at the time of recording.”

if you are not happy with what we have done (making a complaint)

At ipd we always strive to provide a professional and efficient service, however we recognise that it is in the nature of insolvency proceedings for disputes to arise from time to time. If you should have cause to complain about the way that we are acting, you should in the first instance call us.  We will discuss your complaint openly and honestly to try and reach a solution.  If we can’t agree a solution and you wish to take matters further you should then put the details of your complaint to us in writing, addressed to the Office Holder or Engagement Director.  This will invoke our formal complaints procedure.  At any point, if we agree between us that we have given you a less than satisfactory service, we will take reasonable steps to put it right.

Most disputes can be resolved amicably either through the provision of further information or discussion of the complaint. However, in the event that you have exhausted our complaints procedure and you are not satisfied that your complaint has been resolved or dealt with appropriately, you may complain to the regulatory body that licences the insolvency practitioner concerned. Any such complaints should be addressed to The Insolvency Service, IP Complaints, 3rd Floor, 1 City Walk, Leeds, LS11 9DA; or you may email ip.complaints@insolvency.gsi.gov.uk; or you may telephone 0300 678 0015. Calls are charged at between 1p and 10.5p per minute from a land line; for mobiles, between 12p and 41p per minute if you’re calling from the UK (call rates correct at September 2015).

insolvency regulator

Institute of Chartered Accountants in England and Wales

Martin Williamson is licensed to act as an Insolvency Practitioner in the UK by the Institute of Chartered Accountants in England and Wales, number 9222.  For more information contact his licensing body:

ICAEW
Metropolitan House
321 Avebury Boulevard
Milton Keynes
MK29 2FZ

Telephone: 01908 248 100
www.icaew.com

All Insolvency practitioners are bound by the rules of their professional body, including any that relate specifically to insolvency.  The rules of the ICAEW can be found at http://www.icaew.com/en/members/regulations-standards-and-guidance/insolvency/insolvency-regulations-and-guidance.

association of business recovery professionals

Martin Williamson is a Fellow of the Association of Business Recovery Professionals, also known as “R3”.  For more information contact:

Association of Business Recovery Professionals
8th Floor
120 Aldersgate Street
London
EC1A 4JQ

Tel: 020 7566 4200
www.r3.org.uk

insolvency practitioners association

Martin Williamson is a Member of the Insolvency Practitioners Association.  For more information contact:

Insolvency Practitioners Association
Valiant House
4-10 Heneage Lane
London
EC3A 5DQ

Telephone: 020 7623 5108
www.insolvency-practitioners.org.uk

insolvency code of ethics and statements of insolvency practice

Ethics

All Insolvency practitioners are required to comply with the Insolvency Code of Ethics and a copy of the Code can be found at http://www.icaew.com/en/technical/insolvency/insolvency-regulations-and-standards.

Statements of Insolvency Practice

In addition, Insolvency Practitioners are bound by the Statements of Insolvency Practice (SIPs), details of which can be found at https://www.r3.org.uk/what-we-do/publications/professional/statements-of-insolvency-practice.

provision of services legislation

In order to comply with the Provision of Services legislation, we inform you that Insolvency Practitioners Direct Limited’s Professional Indemnity Insurance is provided by Barbican Protect Limited, King’s House, 42 King Street West, Manchester, M3 2NU. This professional indemnity insurance provides worldwide coverage excluding USA/Canada.

data protection policies

Data Protection Act 1998 / Data Protection Act 2018

Martin Williamson and Insolvency Practitioners Direct Limited are registered Data Controllers for the purposes of the Data Protection Act 1998.  These registrations remain valid after 25 May 2018 (re: GDPR – see below) and will be subsequently renewed under the provisions of the Data Protection Act 2018.  For more information, contact: 

Data Protection Registrar
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
SK9 5AF

Telephone: 0303 123 1113

Registration Numbers:
Martin Williamson: Z8117011
Insolvency Practitioners Direct Limited: ZA207812
www.ico.org.uk

 

GDPR

From 25 May 2018, new regulations apply as regards data protection.  The rules and regulations on processing of personal data are set out in provisions of the General Data Protection Regulation (EU) 2016/679 (the “GDPR”).

As part of those regulations, our various Policies on privacy, data generally, personal data, cookies and the use of this website are as follows:

20180508 ipd GDPR Privacy Notice

20180508 ipd Terms of website use

20180508 ipd Marketing Website and Cookie Privacy Policy

20180508 ipd GDPR Subject Access Request Policy

If you need to request information regarding the personal data we hold for you, please contact us in the first instance to discuss your requirements.  If you then need further information, please download the following form and return it by post to us with all the necessary accompanying documentation and (where appropriate) the requested fee:

2080525 ipd Subject Access Request Form

More in formation can be found at the ICO Website here.