S MALLON issuing IPSSC form - Secretary of State

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Department for Business, Energy and Industrial Strategy,

Please provide how many IPSSC forms were issued on 13 October 2016. by S Mallon on behalf of the Secretary of State and the names of the Trustees.

Please include a separate list for both those Trustees selected from the pool and those that are not.

Yours faithfully,

Ed Boyce

Dear Mr Boyce

 

RE: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION Our Ref:
2658

 

I write in reply to your e-mail received 19/06/17 by BEIS requesting
information as reproduced below. The Insolvency Service will respond to
the FOI request.

 

Our reference for the request is 2658.

 

Your request is being processed and you may expect a reply within 20
working days, which will be 17/07/2017.  In some circumstances we may not
be able to achieve this timescale, but if this is likely to be the case
you will be informed at the earliest opportunity and given a revised
timescale.

 

Yours sincerely

 

 

Emma Webb | Data Protection and Freedom of Information Officer | The
Insolvency Service – Delivering economic confidence

EXTERNAL RELATIONS, 4th Floor, 4 Abbey Orchard Street, London, SW1P 2HT
| DX 120875 Victoria 18 | [1][email address] | T. +44
(0) 20 7637 6404            M. +44 (0) 7733 003109 |
[2]www.gov.uk/insolvency-service

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Susan.Mallon,

Dear Mr Boyce

 

I refer to your email of 19 June 2017, in which you requested confirmation
as to, “how many IPSSC forms were issued on 13 October 2016 by S Mallon on
behalf of the Secretary of State and the names of the trustees.”  You also
requested, “a separate list for both those trustees selected from the pool
and those that are not”.

 

I would confirm that fifteen IPSSC forms (being certificates of
appointment of trustees in bankruptcy cases and certificates of
appointment of liquidators in company cases) were issued on 13 October
2016.  Seven of the certificates issued on 13 October 2016 related to
bankruptcy cases and eight related to company cases.

 

The relevant details in respect of the bankruptcy cases are as follows:

 

-          Adrian Hyde and Kevin Murphy were appointed as joint trustees
in a single case.  This was a non rota appointment.

-          Michael Goldstein and James Shaw were appointed as joint
trustees in a single case.  This was a non rota appointment.

-          Martin Pickard and Ann Nilsson were appointed as joint trustees
in two cases.  Both were non rota appointments.

-          Graham Down was appointed as trustee in a single case.  This
was a non rota appointment.

-          Robert Horton was appointed as trustee in two cases.  Both were
rota appointments.

 

The relevant details in respect of the company cases are as follows:

 

-          Julie Swan and Mark Phillips were appointed as joint
liquidators in a single case.  This was a rota appointment.

-          Paul Atkinson and Glyn Mummery were appointed as joint
liquidators in a single case.  This was a non rota appointment.

-          Amanda Wade and Kevin Hellard were appointed as joint
liquidators in a single case.  This was a non rota appointment.

-          Carl Jackson and Andrew Watling were appointed as joint
liquidators in a single case.  This was a non rota appointment.

-          Nicholas Wood and Michael Leeds were appointed as joint
liquidators in a single case.  This was a non rota appointment.

-          Mark Wilson was appointed as liquidator in a single case.  This
was a non rota appointment.

-          Georgina Eason was appointed as liquidator in a single case. 
This was a non rota appointment.

-          Lloyd Hinton was appointed as liquidator in a single case. 
This was a non rota appointment.

 

Kind regards

 

 

Susan Mallon | Senior Official Receiver’s Office | The Insolvency Service
| PO BOX 16838 | Birmingham | B2 2UF |
[1][email address] | 0121 698 4355 or 07773576726 |
[2]https://www.gov.uk/government/organisati...

 

 

 

From: Emma Webb
Sent: 22 June 2017 11:45
To: '[FOI #413100 email]'
Cc: FOI
Subject: Request 2658

 

Dear Mr Boyce

 

RE: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION Our Ref:
2658

 

I write in reply to your e-mail received 19/06/17 by BEIS requesting
information as reproduced below. The Insolvency Service will respond to
the FOI request.

 

Our reference for the request is 2658.

 

Your request is being processed and you may expect a reply within 20
working days, which will be 17/07/2017.  In some circumstances we may not
be able to achieve this timescale, but if this is likely to be the case
you will be informed at the earliest opportunity and given a revised
timescale.

 

Yours sincerely

 

 

Emma Webb | Data Protection and Freedom of Information Officer | The
Insolvency Service – Delivering economic confidence

EXTERNAL RELATIONS, 4th Floor, 4 Abbey Orchard Street, London, SW1P 2HT
| DX 120875 Victoria 18 | [3][email address] | T. +44
(0) 20 7637 6404            M. +44 (0) 7733 003109 |
[4]www.gov.uk/insolvency-service

Please consider the environment before printing

dangos adrannau a ddyfynnir

Dear Susan.Mallon,

Thank you for providing the information, please can you supply the date and Insolvency Office and the name of the Official Receiver you received the application form from for the 5 bankruptcy cases you have provided details for, although you say there were 7 ?

Please also confirm for the bankruptcy cases the name of the Insolvency Office and the date and the name of the Official Receiver who received the blanket authority( form) for non rota appointments from the Creditor's nominating the Insolvency Practitioners.

Can you please also clarify in respect of bankruptcy cases whether you are notified if a nominated trustee retires from the firm or company and is therefor no longer a joint trustee.

If you have been notified of any such changes please provide the dates.

Yours sincerely,

Ed Boyce

Susan.Mallon,

Thank you for your email. 

 

Please note that I am out of the office for the remainder of 11 July 2017
and expect to return on 13 July 2017.  Your email has not been forwarded.

 

If the matter is urgent and cannot wait until my return, please re-send to
[email address].

 

Susan Mallon

This email is confidential and is intended solely for the use of the
individual or entity to whom it is addressed. If you are not an intended
recipient then you have received this e-mail in error and any use,
dissemination, forwarding, printing or copying is strictly prohibited. You
should contact the sender by return then delete all the material from your
system.

www.bis.gov.uk/insolvency

###############################################################

Dear Department for Business, Energy and Industrial Strategy,

Apologises, I have just noticed that two of the bankruptcy cases were not single cases, which would make 7 cases in total.

Yours faithfully,

Ed Boyce

Dear Department for Business, Energy and Industrial Strategy,

Can you please provide me with clarification sent on the 12 July.

Your email response on 12 July said you expected to return by 13 July.

Yours faithfully,

Ed Boyce

Dear Department for Business, Energy and Industrial Strategy,

May I have clarification.

Yours faithfully,

Ed Boyce

Susan.Mallon,

Dear Mr Boyce

Thank you for your emails of 12 July 2017 and 17 July 2017.

I have addressed your requests in the order in which they were made.

For your ease of reference, I have copied my response of 4 July 2017 below:

- Adrian Hyde and Kevin Murphy were appointed as joint trustees in a single case. This was a non rota appointment.
- Michael Goldstein and James Shaw were appointed as joint trustees in a single case. This was a non rota appointment.
- Martin Pickard and Ann Nilsson were appointed as joint trustees in two cases. Both were non rota appointments.
- Graham Down was appointed as trustee in a single case. This was a non rota appointment.
- Robert Horton was appointed as trustee in two cases. Both were rota appointments.

Please note that Mr Horton was appointed in two cases, as were Mr Pickard and Ms Nilsson. (The latter were joint appointments.) Hence the total of seven.

The request to appoint Messrs Hyde and Murphy was made on 4 October 2016 by Ms Jackson, the official receiver at Chatham. As detailed above, this was a non rota appointment.

The request to appoint Messrs Goldstein and Shaw was made on 13 October 2016 by Ms Jackson, the official receiver at Chatham, on behalf of the official receiver at Southend. As detailed above, this was a non rota appointment.

The two requests to appoint Mr Pickard and Ms Nilsson were made on 12 October 2016. One request was made by Ms Jackson, the official receiver at Chatham, on behalf of the official receiver at Southend. The other request was made by Mr Dionne, the official receiver at Southend. As detailed above, they were both non rota appointments.

The request to appoint Mr Down was made on 13 October 2016 by Mr Gibson, the official receiver attached to our Long Term Asset and Distribution Team. As detailed above, this was a non rota appointment.

The two requests to appoint Mr Horton were made on 13 October 2016 by Mr Gibson, the official receiver attached to our Long Term Asset and Distribution Team. As detailed above, they were both rota appointments.

Details of our office locations and the official receivers attached to those offices may be found at the following link: https://www.gov.uk/contact-official-rece....

Please note that not all creditors make use of a blanket authority. Nominations are also made on an individual case basis.

I would confirm that I am not routinely notified if a trustee retires.

Regards

Susan Mallon | Senior Official Receiver’s Office | The Insolvency Service | PO BOX 16838 | Birmingham | B2 2UF | [email address] | 0121 698 4355 or 07773576726 | https://www.gov.uk/government/organisati...

dangos adrannau a ddyfynnir

Dear Susan.Mallon,

Thank you for confirming that you are not routinely notified when a trustee retires, can you please explain why not and provide the Insolvency rule that confirms when you are required to be notified and by whom, or where it states the Insolvency Services is not required to be notified.

Can you please clarify if any of the Insolvency Practitioners you have named have retired includung those holding joint trustee appointments.

Thank you for confirming that Hyde and Murphy were appointed on the 4 October 2016 by Ms Jackson Official Receiver at Chatham and not on the 13 October 2016, a non rota appointment, can you please explain why this date has changed.

Please also clarify why Ms Jackson Official Receiver at Chatham made a request for a non rota appointment of Goldstein and Shaw on behalf of a different Offical Receiver at Southend Mr Dionne.

Thank you for confirming that Packard and Nilsson whose two non rota appointment requests were made on the 12 October 2016 and not on the 13 October 2016 ; can you please explain why this date has changed.
And why Ms Jackson Official Receiver at Chatham made the request on behalf of Mr Dionne the Official Receiver at Southend. And the reason the date has changed to the 12 October 2016 from 13 October 2016 for the non rota appointment made by Mr Dionne Official Receiver at Southend. If he could make one appointment that day why not the two.

And thank you for confirming that not all creditors are required under the Insolvency Act and rules to produce a blanket authority to the Official Receiver, please confirm who is required to produce an authority to say who has been authorised to act as Insolvency Practitioners on their behalf and supply the section within the Act or rules and guidance that makes a particular creditor either immune to providing a blanket authority to the Insolvency Service, that would confirm that a relationship exits between the principal creditor and agent the Insolvency Practitioner.

Please also clarify if the Official Receivers Business Services maintain a central database of blanket authorities.and provide the guidance in the use of blanket authorities in Secretary of State cases.

Please clarify if Official Receivers must at the very least receive an authority that must be authenticated and dated by the Creditor and provide the minimum information that a "blanket"authority must contain.

Is it correct that until the recent changes the Official Receiver can decide to request the Secretary of State to appoint an Insolvency Practitioner only once he/she has made themselves trustee and the creditor can nominate their choice by-passing your rota system, in other words in the cases with one majority creditor they can pick their own Insolvency Practitioners; please confirm if in these cases they can also by-pass having to complete and authenticate form of proof of debt on the creditors behalf.

Are you also saying that in these Secretary of State cases they are not required to submit a blanket authority.

Lastly, can you confirm if any of these cases the Official Receivers had made themselves Trustees prior to requesting a non rota appointment to nominate Insolvency Practitioners of the creditors choice.

Yours sincerely,

Ed Boyce

Dear Susan.Mallon,

Please reply to my email sent on 19July 2017 seeking clarification as to the dates being changed from the 13 October 2016 etc.

Yours sincerely,

Ed Boyce

Dear Department for Business, Energy and Industrial Strategy,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Business, Energy and Industrial Strategy's handling of my FOI request 'S MALLON issuing IPSSC form - Secretary of State'.

The Department for Business, Energy and Industrial Strategy has given out conflicting information which they were asked to clarify on the 19th and 21 July 2017.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

Ed Boyce

Dear Susan.Mallon,

Do you have any intention of complying with this FOI request under the FOI Act , that I have asked for clarification and for an internal view?

Yours sincerely,

Ed Boyce

SOR.Operations,

Dear Mr Boyce

 

Please accept our apologies for the delay in answering this request. This
was due to miscommunication during periods of staff absences, meaning this
request was overlooked. Please reply to this email if you have any further
queries on these matters. Following this, if you remain dissatisfied, you
can request an internal review.

 

Ms Mallon is not routinely informed of Insolvency Practitioner
retirements, however the Insolvency Service does receive information from
the recognised professional bodies when they cease to authorise
individuals to act as insolvency practitioners. Searches can be made at
[1]www.gov.uk/find-an-insolvency-practitioner. As of today, all of the
Insolvency Practitioners mentioned in the reply of 19 July 2017, are shown
as authorised.

 

In the reply of 19 July 2017 the dates are when requests were made to
appoint trustees (as it appears you had asked for). The appointments were
made on 13 October. Sometimes there is a period between the request and
the appointment.

 

Information held by official receivers acting in the capacity of statutory
office holder falls outside the provisions of the Freedom of Information
Act. However it may help to explain that work on some cases is split along
functional lines between two or more Official Receiver’s offices.

 

It appears that your questions about blanket authorities have been
answered previously. Information is available at the link below. Should
you have further queries on this, then please reply to this email.

[2]https://www.whatdotheyknow.com/request/b...

 

Under the previous Insolvency Rules, the Official Receiver would be
trustee of a bankruptcy before an application could be made to the
Secretary of State to appoint an Insolvency Practitioner. The official
receiver would generally seek an appointment by the Secretary of State
where the skills of an insolvency practitioner were required or where the
majority of creditors requested the appointment. Thus a single majority
creditor is able to choose which Insolvency Practitioner is appointed.

 

The rota is used where the skills of an insolvency practitioner are
required and there is no nomination received from creditors. A proof of
debt was only required when a meeting of creditors was held. A blanket
authority is not required.

 

Hopefully this answers these requests for information.

 

Kind regards

 

Senior Official Receiver’s Office

 

Senior Official Receiver’s Office | The Insolvency Service | 2^nd Floor, 4
Abbey Orchard Street, London SW1P 2HT | DX120875 Victoria 18 |
[3][email address] |
[4]www.gov.uk/insolvency-service

 

 

dangos adrannau a ddyfynnir

Dear Ms Mallon SOR.Operations,

Thank you for confirming that Ms Mallon is not routinely informed of Insolvency Practitioner retirements, however the Insolvency Service does receive information from the recognised professional bodies when they cease to authorise individuals to act as Insolvency Practitioners. And that as of 10 November 2017 , all Insolvency Practitioners mentioned in your reply of 19 July 2017, are shown as authorised.

Can you please clarify why you was not informed by Mr James Paul Shaw's recognised professional body ICAEW that he had retired from Myers Clark Ltd and given the date of his retirement etc.

Can you also clarify what you mean by work split for "some cases" between two or more Official Receiver's offices. Are you saying that the Insolvency offices no longer retain their own separate jurisdiction linked only to specific courts as listed on the Insolvency Service Official Receiver Office search website. Please confirm what type of cases you are referring to.

And clarify why Ms Jackson Official Receiver for Chatham made a request for a non rota appointment of Goldstein and Shaw on behalf of Mr Dionne the Official Receiver at Southend.

Thank you also for confirming that no proof of a debt is needed if no meeting of creditors is held and this is the reason councils/billing authorities can get around be required to proof there is a debt.

Yours sincerely,

Ed Boyce

SOR.Operations,

Dear Mr Boyce

In reply to the requests for information in your email of 16 November.

We hold no information centrally to show either that Mr James Paul Shaw has retired from Myers Clark Ltd or if he has retired to show why we have not been informed. It might be better if you directed this request to the ICAEW. Alternatively if you wish to provide some information or evidence to explain why you believe this to have happened then this request might be considered further.

The online Official Receiver search facility shows which Official Receiver is notified by the court when a new bankruptcy or winding up order is made in those courts. The work on the case is then done by an appropriate office depending on a number of factors including case specifics and available resources in offices.

The reasons why specific tasks on cases are carried out by specific offices forms part of the information held by official receivers acting in the capacity of statutory office holder. Hence it falls outside the provisions of the Freedom of Information Act.

Kind regards

Senior Official Receiver’s Office

Senior Official Receiver’s Office | The Insolvency Service | 2nd Floor, 4 Abbey Orchard Street, London SW1P 2HT | DX120875 Victoria 18 | www.gov.uk/insolvency-service

Dear Ms Mallon SOR.Operations,

Thank you for confirming that Ms Mallon is not routinely informed of Insolvency Practitioner retirements, however the Insolvency Service does receive information from the recognised professional bodies when they cease to authorise individuals to act as Insolvency Practitioners. And that as of 10 November 2017 , all Insolvency Practitioners mentioned in your reply of 19 July 2017, are shown as authorised.

Can you please clarify why you was not informed by Mr James Paul Shaw's recognised professional body ICAEW that he had retired from Myers Clark Ltd and given the date of his retirement etc.

Can you also clarify what you mean by work split for "some cases" between two or more Official Receiver's offices. Are you saying that the Insolvency offices no longer retain their own separate jurisdiction linked only to specific courts as listed on the Insolvency Service Official Receiver Office search website. Please confirm what type of cases you are referring to.

And clarify why Ms Jackson Official Receiver for Chatham made a request for a non rota appointment of Goldstein and Shaw on behalf of Mr Dionne the Official Receiver at Southend.

Thank you also for confirming that no proof of a debt is needed if no meeting of creditors is held and this is the reason councils/billing authorities can get around be required to proof there is a debt.

Yours sincerely,

Ed Boyce

dangos adrannau a ddyfynnir

Dear Ms Mallon SOR.Operations,

The Insolvency Service confirmed the following on 8 December 2017. Please confirm what actions your department has taken to ensure correct records are kept etc; as the overriding body responsible for the insolvency service and appointment of non rota appointment of trustees.

quote: IP Regulation section have responded with the following

"Currently we have no records that indicate Mr Shaw has retired and we have not been notified of any transfer of his cases to another insolvency practitioners.

The ICAW do have a regulatory requirement to inform us of any changes to IP's licence under a Memorandum of Understanding with the Secetary of State and we have received no such notification in respect of Mr Shaw.

If Mr Boyce has any evidence to support Mr Shaw' retirement could he send the information to us and we will look into it further."

A search of Companies House records confirms he resigned from Myers Clark Limited on 31 March 2017 , please confirm why he still appears on your insolvency practitioner directory and what actions you have taken and what date you were notified and by whom of any transfer of cases.

Please also confirm who is required to notifying you of any transfer of cases and the rules as to the time scale of notification (both before or after retirement) such as 28 days etc what information is required, such as the name of the court,judge etc and if this information is required to be gazetted.

https://beta.companieshouse.gov.uk/compa...

http://www.myersclark.co.uk/blog-post/pa...

Please also provide the same information you hold regarding Mr Michael Abram Goldstein (Joint Trustee) who has resigned as a director of Myers Clark Limited on 23 November 2017.

Yours sincerely,

Ed Boyce

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