Guidance v's Gu...
 
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Guidance v's Guidelines

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(@ralph)
Trusted Member
Joined: 16 years ago
Posts: 56
Topic starter  

Hi Experts,
Something eventually dawned on me after reading recent problems featured on the forum.
The experts often refer to "the Guidance from ......." but rarely talk of guidelines.
In many professions mine included guidance can be interpreted to suit both the seeker of help but also the provider, usually the provider .
What "Guidelines" are in place if any, and if they are broken do the providers bother?
I appreciate there seems to be a state of flux in the IP industry with forthcoming legislation etc but 6 year trust deeds and moving of goal posts by trainee staff is very worrying!
Ralph


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi Ralph.

The other experts may cotton onto what you're describing very quickly, but for me could you clarify further the distinction you draw between guidance and guidelines?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@ralph)
Trusted Member
Joined: 16 years ago
Posts: 56
Topic starter  

Thanks TDA,

I just wanted to know if there were published guidelines which the industry must adhere to.
The point I was attempting to make was guidance is often open to interpretation and or abuse where as formal guidelines tend to be more adhered to because of the risk of fine or sanction.

Keep up the good work, its appreciated.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi Ralph

I totally agree that interpretation is the main issue. IP's work under;

PTD Regulations - Legislation
AIB guidance on protected trust deeds - Guidance
SIP3a - Guidance

It's the last 2 that create the most confusion I suspect.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Hi Ralph. There are sanctions that can be imposed against insolvency practitioners that fail to adhere to guidance such as SIP3a. Ultimately their licence can be revoked, meaning they cannot work as an IP any longer.

I don't think there is any "moving of goalposts by trainee staff". They will not have the authority to make decisions and will be working under the instructions of the IP or senior managers.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@ralph)
Trusted Member
Joined: 16 years ago
Posts: 56
Topic starter  

Thanks all,
That makes things a bit clearer.
Apologies TDA for the initial post, I re-read it myself and struggled to make head nor tail of it!!
Have a good weekend everyone.

Ralph


   
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