Office of Fair Trading’s Insolvency Recommendations are Long Overdue

Last month, the Insolvency Service released a review paper on the regulation of insolvency practitioners (IPs) and asked the public for feedback.

The consultation, which can be read here, follows an Office of Fair Trading (OFT) investigation into corporate insolvency and practitioner fees.

The investigation found inconsistencies in the way complaints about IPs were handled and the OFT’s recommendations appear to confirm the widely-held notion that IPs fees are excessive and invariably at the expense of unsecured creditors.

Primarily, the OFT suggests three major changes:

  1. The establishment of an independent complaints body
  2. Production of a clear set of objectives for the regulatory regime
  3. The amendment of some regulations

These recommendations should give creditors greater powers in the insolvency process and more influence over the IPs remuneration package.

The introduction of the Enterprise Act in 2002, which effectively abolished receiverships, was supposed to ensure that unsecured creditors would be appropriately remunerated during an insolvency.

The act enables unsecured creditors to access up to 20 percent of a collapsed company’s realised assets – but only after secured creditors have been paid.

But, over the past decade, IPs have been accused of charging excessive fees and consequently leaving unsecured creditors – who are last in line to be paid after a company folds – very little revenue to realise.

The insolvency industry has been self-regulated for the past 50 years and as a result, the only people to have really benefited are IPs and secured creditors.

Unsecured creditors haven’t really been protected, especially over the last 25 years since the Insolvency Act came into force, so the new Insolvency Service’s new proposals are both welcome and long overdue.

castle trust

Castle Trust & Management Services – in Liquidation 

13/11/2024

The Confetti that was Security for Loan Notes Investigations have uncovered that Castle Trust and Management Services – in Liquidation (CTMS) – engaged in shady…

Read More
loannote

The Life Cycle of a Loan Note

13/11/2024

We are not fans of unregulated investments but we realise that they look attractive (on paper). Inthis blog we explore what makes a Loan Note…

Read More

DEBT ALERT:  B Inspire D Homes Ltd – Insolvent and Still Trading

07/11/2024

Our company alert this week is regarding B Inspire D Homes Ltd, a building development company with a registered office in Hayes, London.  This company…

Read More

DEBT ALERT:  Signature Build Group Ltd – Insolvent and Still Trading

07/11/2024

Our company alert this week is regarding Signature Build Group Ltd. They are a luxury building company based in Brentford, Essex, operating across London and…

Read More