Terms & Conditions | Harveys Insolvency & Turnaround

Terms & conditions & provision of services regulations summary

Insolvency is a highly regulated field of activity. Regulations require us to provide lots of information to people who deal with us. Most of this is of a technical nature. The following draws the attention of interested parties to the information required to be disclosed by the Provision of Services Regulations 2009. 

Legal entity

Harveys Insolvency & Turnaround, Harveys and HITS are the trading names of Harveys Insolvency & Turnaround Ltd which is a limited company registered in 

England and Wales under number 08542439 at 2 Old Bath Road, Newbury, Berkshire, RG14 1QL.

Licensing body

D J Harvey is a director of Harveys and is licensed to act as an Insolvency Practitioner (IP) in the United Kingdom by the Institute of Chartered Accountants England & Wales (ICAEW) under IP number 12150. The ICAEW's main contact details are:

ICAEW

Chartered Accountants' Hall

Moorgate Place

London EC2R 6EA

T     +44 (0)20 7920 8100

F +44 (0) 20 7920 0547

E general.enquiries@icaew.com 

A R Clifton is  licensed to act as an Insolvency Practitioner (IP) in the United Kingdom by the Insolvency Practitioners Association (IPA) under IP number 8766. The IPA contact details can be found at: https://insolvency-practitioners.org.uk/contact-us/



Rules governing actions

All IPs are bound by the rules of their professional body. The rules of the professional body that licences our insolvency practitioners can be found in the Statement of Insolvency Practice (SIP) regulations and guidance. This can be found at:  https://www.icaew.com/technical/insolvency/sips-regulations-and-guidance. IPs are also bound by the SIP, details of which can be found at: https://www.r3.org.uk/technical-library/england-wales/sips/

Ethics

All IPs are required to comply with the Insolvency Code of Ethics - an overview detailing the fundamental principles is available here: https://www.icaew.com/-/media/corporate/files/technical/insolvency/regulations-and-standards/insolvency-licensing-regulations-and-guidance/overview-of-the-insolvency-code-of-ethics.ashx or you can download the full version at: https://www.icaew.com/-/media/corporate/files/technical/ethics/code-of-ethics-insolvency-practitioner-from-1-january-2020.ashx?fromSearch=1

Complaints

We always strive to provide a professional & efficient service; however, we recognise that it is in the nature of insolvency proceedings that disputes may arise. If you believe you have cause to complain about the way that we are acting, you should, in the first instance, put details of your complaint in writing to either Debi Harvey or Mya Gibby. We will endeavour to deal with your complaint with the supervision of a party unconnected with the complaint. If you wish to obtain a copy of our complaints procedure, please contact us at info@harveyinsolvency.co.uk. Most disputes can be resolved amicably, either through the provision of further information or following negotiations. However, in the event that you have exhausted our complaints procedure and you are not satisfied that your complaint has been resolved or dealt with appropriately, you may refer your complaint to: 

The Insolvency Service

IP Complaints

3rd Floor

1 City Walk

Leeds     LS11 9DA. 

T 0300 678 0015  Information on the call charges that apply is available at https://www.gov.uk/call-charges

E insolvency.enquiryline@insolvency.gov.uk

https://www.gov.uk/complain-about-insolvency-practitioner 

Professional Indemnity Insurance

Harveys' professional indemnity insurance is provided by CNA Insurance Company Limited and Hardy (Underwriting Agencies) Limited and can be contacted via Gauntlett Excel at Gauntlet House, Acorn Business Park, Killingbeck, Leeds, LS14 6UF.

VAT

Harveys Insolvency & Turnaround Limited is registered for VAT under registration number 167 1204 26

Bribery Act 2010

Harveys Insolvency & Turnaround Limited is committed to carrying out its business fairly, openly & honestly. Our business culture is one where bribery is never acceptable. A full copy of our policy is available from info@harveyinsolvency.co.uk.

Data Protection Policy 

During the course of our engagement in insolvency proceedings, you may disclose personal data to us. In providing our services, we act as an independent controller & are, therefore, responsible for complying with Data Protection Law in respect of any personal data we process in providing our services to you. We will provide you with a copy of our privacy statement, please contact us to obtain this. You may also be an independent controller & if you disclose personal data to us we will assure that such disclosure is fair & lawful & otherwise does not contravene Data Protection Law.

Privacy Policy

Harveys' Data Protection Registration Number is A8018672. Harveys' Privacy Policy extracted below demonstrates its commitment to the privacy of information held. If you have any questions regarding our policy, please contact us via info@harveyinsolvency.co.uk. 

Privacy Notice 

The following information is provided to comply with the requirements of the UK General Data Protection Regulation.

This privacy statement describes why and how we collect and use personal data and provides information about individuals’ rights. It applies to personal data provided to us, both by individuals themselves or by others. We may use personal data provided to us for any of the purposes described in this privacy statement or as otherwise stated at the point of collection.

Identity and contact details of the controller and where applicable, the controller’s representative and the data protection officer

Where an insolvency practitioner of Harvey Insolvency & Turnaround (‘Hits’) s not appointed as office holder, the data controller is either the company/individual on whose instructions HITS is acting or it is HITS. The contact details of HITS  are: 2 Old Bath Road, Newbury, Berkshire, RG14 1QL Tel 01635 770941 & info@harveyinsolvency.co.uk.

Where an insolvency practitioner of HITS is appointed as office holder and the data processing is carried out as part of their statutory duties, the office holder(s) may be the data controller(s). The insolvency practitioner(s) can be contacted at: are: 2 Old Bath Road, Newbury, Berkshire, RG14 1QL Tel 01635 770941 & info@harveyinsolvency.co.uk.

How we use your personal information

The purpose for which personal information is processed may include any or all of the following:

• deliver services and meet legal responsibilities verify identity where this is required
• communication by post, email or telephone
• understand needs and how they may be met
• maintain records
• process financial transactions
• prevent and detect crime, fraud or corruption
• may also need to use data to defend or take legal actions related to the above

Lawful basis for the processing

Most processing is carried out to comply with our legal obligations under statute and other regulatory obligations related to the insolvency process. We also believe our processing is for the legitimate interests of all stakeholders in the insolvency process, as they are entitled to be kept informed and may wish to engage in the insolvency process. Where HITS has engaged with a client to perform a service, we will be required to process data to provide the service in accordance with the contractual terms.

What personal information we hold

The categories are: contact details, financial information and location. In rare cases, we may hold some special category data, e.g. trade union membership or information about individuals’ health, which will be necessary to administer the insolvency process in line with our legal obligations.

Who we share our data with

Personal data held by us may be transferred to:

Third party organisations that provide applications/functionality, data processing or IT services to us

We use third parties to support us in providing our services and to help provide, run and manage our internal IT systems. For example, providers of information technology, cloud based software as a service provider, identity management, website hosting and management, data analysis, data back-up, security and storage services. The servers powering and facilitating that cloud infrastructure are located in secure data centres around the world, and personal data may be stored in any one of them.

Third party organisations that otherwise assist us in providing goods, services or information

Auditors and other professional advisers

Law enforcement or other government and regulatory agencies or to other third parties as required by, and in accordance with, applicable law or regulation

Occasionally, we may receive requests from third parties with authority to obtain disclosure of personal data, such as to check that we are complying with applicable law and regulation, to investigate an alleged crime, to establish, exercise or defend legal rights. In addition, as part of our statutory duties, we may be required to share some personal data with government agencies (e.g. Companies House and the Insolvency Service) and this may result in some data being made available by these agencies in the public domain. We will only fulfil requests for personal data where we are permitted to do so in accordance with applicable law or regulation.

How long we retain your personal information

We retain personal data for as long as is necessary to achieve the purpose listed above and for any other permissible related purpose. For example, we retain most records until the time limit for claims arising from the activities has expired or otherwise to comply with statutory or regulatory requirements regarding the retention of such records. 

Your rights

 The UK GDPR provides the following rights for individuals:

Right to inform

This privacy notice meets our requirement to inform you of our processing of your data.

Access to personal data

You have a right of access to personal data held by us as a data controller. This right may be exercised by contacting us at HITS, 2 Old Bath Road, Newbury, RG14 7WE or by email at info@harveyinsolvency.co.uk. We will aim to respond to any requests for information promptly, and in any event within one month.

Amendment of personal data

To update personal data submitted to us, you may email us at [insert address] or, where appropriate, contact us via the relevant website registration page or by amending the personal details held on relevant applications with which you registered.

Rights that do not apply in these particular circumstances

Not all of the rights under the UK GDPR are available as one of the reasons we are holding your data is on the basis of it being a legal obligation and therefore the right to erasure, data portability and to object do not apply. 

Right to withdraw consent

 The data received was not based upon obtaining consent and therefore the right to withdraw consent does not apply.

Changes to our privacy statement

We keep this privacy statement under regular review and will place any updates on our website. Paper copies of the privacy statement may also be obtained by writing to us at HITS is acting or it is HITS. The contact details of HITS are: 2 Old Bath Road, Newbury, Berkshire, RG14 7WE Tel 01635 770941 & info@harveyinsolvency.co.uk. This privacy statement was last updated on 15 February 2022.

Complaints

Should you want to complain about our use of personal data, please contact us at HITS, 2 Old Bath Road, Newbury, Berkshire, RG14 7WE or email: info@harveyinsolvency.co.uk. You also have the right to lodge a complaint with the Information Commissioner's Office (“ICO”) (the UK data protection regulator). For further information on your rights and how to complain to the ICO, please refer to the ICO website.

Who provided the personal data

Except where your personal data was provided by you or your representative, the personal data we have used to contact you was provided by the company/individual (or persons acting on their behalf) on whose instructions we are acting or in relation to which our insolvency practitioner has been appointed. We also access information from the Registrar of Companies and other similar public-access data providers.

Recording & monitoring of inbound telephone calls 

Some calls to Harveys Insolvency & Turnaround Limited may be recorded for training and monitoring purposes. This privacy statement describes why and how we collect and use personal data and provides information about individuals’ rights. It applies to personal data provided to us, both by individuals themselves or by others. We may use personal data provided to us for any of the purposes described in this privacy statement or as otherwise stated at the point of collection.