Personal Insolvency: Scotland: Complaints Processs
It is recognised that, on occasion, the firm may receive a complaint from an external party regarding the service level provided by the firm. The complaint may be received from a debtor, creditor or other stakeholder group. The firm prides itself in observing high professional standards and takes the receipt of any complaint most seriously. The key objective in dealing with any complaint is to ensure that it is handled promptly and fairly, with full transparency.
Should a complaint be received verbally, the person receiving the complaint will attempt to assuage whatever concern is being expressed. It is hoped that this process will resolve the majority of cases. A file note will be prepared and placed on the case file by the Meston Reid & Co representative who received the verbal complaint.
Should a complaint be received by e-mail, such e-mail will be printed and retained in the case file to which the complaint relates. An acknowledgement will be sent and if possible, a verbal response provided within 5 days which will also be subject to a file note in the case file. If the verbal response is not sufficient to satisfy the complainant, a letter will be sent. In all cases, the trustee will have seen/approved the file note (as evidenced by initialling such file note) and will have determined whether it is appropriate for either him or the case handler to revert to the complainant.
Where a complaint is more sustained, the complainant will be invited to submit a complaint on headed notepaper. Such complaint will be acknowledged by the trustee within 5 days of receipt and a formal reply provided no later than 15 days thereafter. The reply will seek confirmation from the complainant that the response is sufficient and make it clear that a further 15 day period is available for any further observations that the complainant may have. If no further observations are received, the complaint will be deemed to have been concluded. For the avoidance of doubt a copy of the incoming letter and reply will be included in the firm’s complaint file, which is subject to external review.
If the complainant reverts with further issues such letter, together with previous communication, will be provided to the firm’s complaints partner who will acknowledge the letter within 5 days of receipt and will provide a full response no later than 15 days thereafter. The complainant will be provided with a 15 day period with which to provide further responses. For the avoidance of doubt, any such response must be on complainant notepaper and be co-signed by another representative of the complainant in order to evidence the validity within the 15 day period provided to the complainant of the complaint and non-vexatious nature thereof. If no response is received, the complaint will be deemed to have been concluded.
If the internal procedures have been exhausted without satisfaction to the complainant, future correspondence can be addressed to :
The Director of Insolvency Services
The Institute of Chartered Accountants of Scotland
CA House
21 Haymarket Yards
Edinburgh
EH12 5DH
The Institute of Chartered Accountants is the body which authorises the trustee and deals primarily with professional issues. The complainant can also write to:
The Accountant in Bankruptcy
1 Pennyburn Road
Kilwinning
Ayrshire
KA13 6SA
The Accountant in Bankruptcy oversees all sequestrations and trust deeds in Scotland.
The complaints procedure is subject to regular review in order to ensure that it remains fit for purpose and can deal with a complaint from an external party in accordance with best practice. The benefit of written communication is that it tends to reduce dubiety and misunderstanding and helps to document a situation before a complaint is transferred outwith the firm for handling.
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