This Order is made in relation to a complaint, by a debtor, that Mr Fox in his role as Trustee of a Protected Trust Deed (PTD) breached Statement of Insolvency Practice 3.3 (Scotland) when he failed to;
a) properly advise a debtor and
b) assess whether a PTD was the appropriate solution the debtor, and
c) enter into an enforceable written agreement with a third party for payment of contributions.
And as a consequence Mr Fox contravened Regulation 21(4) of the Protected Trust Deeds (Scotland) Regulations 2013 by failing to ensure that contributions from the debtor in a PTD did not include an amount derived from social security benefit Accordingly, Mr Fox was found liable to disciplinary action under the IPA’s Articles of Association.