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UK-Justice
UK-Justice, Barrister
Category: UK Bankruptcy Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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The IP I have who dealt with my bankruptcy almost 3 years ago

Customer Question

The IP I have who dealt with my bankruptcy almost 3 years ago took possession of 2 buy to let flats. They are in negative equity but he refused to let me buy them back from the estate. I have had various problems with the IP and after "googling" him, there are many more people who have complaints about him.
The building society who hold the mortgage on one of the flats rang me today. Apparantly, the IP has not paid the mortgage in two months which now affects my credit rating. The building society have told me that I am responsible for the arrears but the IP will not return the title to me. I dont know what to do now as I seem to have to pay the arrears but the IP is renting out the flat and the rent goes to him. Also, the Ip has not produced the buildings insurance so that is not being added to the arrears.
Can you let me know if I can obtain the legal title or if I am indeed responsible for the arrears. I am trying to regain my credit score but this is beyond my control.
Submitted: 2 years ago.
Category: UK Bankruptcy Law
Expert:  UK-Justice replied 2 years ago.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

From the Insolvency Service:

A person who acts as a liquidator, trustee in bankruptcy, administrative receiver, administrator or supervisor under a voluntary arrangement must be authorised to act as an insolvency practitioner. The authorisation process was introduced in 1986 to ensure the suitability of those who are authorised to act as insolvency practitioners.

Authorisation may be made in GB by the Secretary of State for Business directly, or by one of seven professional bodies (see How to make a complaint against an insolvency practitioner recognised by the Secretary of State as being competent to do so. Each authorising body is required to have proper procedures in place to ensure that complaints against those insolvency practitioners it authorises are investigated.

In carrying out their duties, insolvency practitioners must comply with several statutory requirements. They must also follow best practice guidance and ethical guidance.

If you consider that an insolvency practitioner is acting unprofessionally, improperly or unethically, you can make a complaint to the appropriate authorising body. However, it must be stressed that the Secretary of State or the authorising body cannot intervene directly in individual insolvencies; nor can they give directions in relation to the conduct of individual cases, or reverse or modify a decision of an insolvency practitioner.

Insolvency, by its very nature, deals with a number of competing interests, most notably between the insolvent person and his or her creditors.

Ultimately, commercial and other disputes may only be resolved by the courts, and the authorising body’s disciplinary procedures should not be regarded as an alternative to the powers available to individuals under the Insolvency Act 1986 or otherwise.

Generally, an authorising body will not consider complaints about the amount of a practitioner’s remuneration (providing it has been properly approved in accordance with the law and relevant Statements of Insolvency Practice) as that is a matter for creditors and ultimately the court. The Secretary of State can only consider complaints against the insolvency practitioners who are authorised by him.

Remember, the insolvency practitioner is the person who is in charge of the insolvency case. So complaints against a case administrator or a case manager, for instance, should be taken up with the relevant insolvency practitioner.

Further information can be found in our publication 'How to make a complaint against an insolvency practitioner'


If you have a complaint against an insolvency practitioner authorised by DETINI you will need to contact that department http://www.insolvencyservice.detini.gov.uk.

All insolvency practitioners are required to disclose details of their authorising body on their correspondence . A searchable database of all authorised insolvency practitioners in GB is available on the Insolvency Service website.

Therefore I would suggest going via this route first.

I hope this helps you and I wish you luck with this.

Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 2 years ago.
Relist: Other.
the answer I was given has been cut and pasted from the insolvency website. It was not an answer to my question.
Expert:  UK-Justice replied 2 years ago.
You would need a Court order.

The Court would declare that the IP is not acting in the best interest of your creditors.

Then the IP could be removed / changed but not before.

You would also be liable for any arrears, because only is it only arrears at date of bankruptcy that would be included in the petition and not ones after this date.

As such you would be liable, which is why you need a Court order to remove him.

Does this answer your question?


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

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