Recommendations 2005 - Correspondence Between the IPs/RPBs and Debtors/Creditors

We recommended last year that the JIC should set a formal standard of best practice requiring IPs to reply within 10 working days in their correspondence with debtors and creditors. In our discussions with them the JIC has acknowledged the desirability of an improvement in IPs’ performance on this matter, which is the most frequent cause of complaints to the RPBs.

We understand that the RPBs have given non-binding guidance to their IPs on the desirability of replying promptly to correspondence. They are, however, reluctant to set a formal standard on this.

We understand,that the RPBs have given non-binding guidance to their IPs on the desirability of replying promptly to correspondence. They are, however, reluctant to set a formal standard on this.

We recognise that it would be unnecessarily burdensome and unproductive to require the monitors to report every single failure by IPs to answer correspondence within the proposed 10 day limit. We believe, however, that the RPBs’ efforts to encourage prompt replies should be strengthened. We therefore recommend as follows:

RECOMMENDATION: We recommend that the JIC should check that all the RPBs specify in their guidance to their IPs on the prompt handling of business that all correspondence from creditors, debtors or the general public should receive within 10 working days either a substantive reply or, if that is not possible a holding reply, indicating when a substantive reply will be given.

The JIC should incorporate this as a statement of good practice in the revised ethical guide currently under discussion. The JIC and the RPBs should also consider taking appropriate action to monitor and, if necessary, discipline IPs who persistently fail to meet this performace level. The RPBs should meet the same standards in their own correspondence with complainants and other members of the public.

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