How to complain about an insolvency practitioner

Complain to the firm first

Start with the firm’s own complaints procedure. Put it in writing, set out what happened with dates, say what you want done about it, and keep a copy. Two reasons: firms do sometimes simply fix things, and the regulator will ask whether you gave them the opportunity.

Give the firm a reasonable period to respond — eight weeks is the convention. If the answer is unsatisfactory, or none arrives, move on to the Gateway.

The Insolvency Service Complaints Gateway

Complaints about licensed insolvency practitioners in England, Wales, Scotland and Northern Ireland go through a single entry point run by the Insolvency Service, at gov.uk/complain-about-insolvency-practitioner. It is free, and you do not need a solicitor or a claims company.

The Gateway assesses whether the complaint falls within the rules and, if it does, passes it to the practitioner’s recognised professional body — in practice ICAEW, the Insolvency Practitioners Association or ICAS — which investigates and can take disciplinary action.

You will need the practitioner’s name, the firm, your case reference if you have one, and a clear account of what went wrong. Complaints are generally expected within three years of the conduct complained about, or within three years of when you could reasonably have discovered it.

What the process can and cannot do

This distinction disappoints people, so it is worth being clear about it before you start.

It can examine whether the practitioner met their professional and statutory obligations, and it can lead to sanctions ranging from a warning to a fine to the loss of a licence.

It cannot order compensation to you, reverse a decision taken in your arrangement, or act as an appeal against the outcome of your case. If what you want is money back, the regulatory route is not the one that delivers it — though a regulatory finding in your favour is useful evidence if you go on to pursue the firm separately.

Note also that debt management plans and debt advice are regulated by the Financial Conduct Authority, not by the insolvency bodies, and complaints about those can usually go to the Financial Ombudsman Service. Which route applies depends on what the firm was actually doing for you.

Writing a complaint that gets taken seriously

1. One clear timeline. Dates, in order, with what was said and by whom. Attach the documents rather than describing them.
2. Say which obligation you say was breached. You do not need to cite legislation, but “I was not told the fees would be taken before creditors were paid” is far stronger than “I am unhappy with the service”.
3. Separate the strands. Fees, communication and advice at the outset are three different complaints. Keep them apart so each can be assessed.
4. Say what you want. Even though compensation is not available through this route, saying what outcome you are looking for helps the assessor route it correctly.
5. Keep it factual. Anger is understandable and it makes complaints easier to dismiss.

Before you complain, get your figures

Most complaints about IVAs turn out to be about money — how much was taken in fees, and how little reached creditors. Request a full statement of account first, as described in the guide on where your IVA payments actually go. It is much harder to dismiss a complaint that arrives with the numbers already attached.

More guides on this site

• How to check whether your IVA is still active
• What happens to your IVA when the firm that set it up closes
• Where your IVA payments actually go: fees explained

See all guides