What does a PIP do?

A PIP is the person qualified to help guide you through the Insolvency Process, if you are experiencing difficulty repaying any secured or unsecured debts. It is not possible to avail of an Insolvency solution without engaging the services of a PIP. It is their job to assess your situation and determine what the best course of action is for you in regards to dealing with your debts.

There are Insolvency solutions available in Ireland that are designed to help you with your mortgage such as a Personal Insolvency Arrangement (PIA) and there are Insolvency solutions available to help you with unsecured debts, such as a Debt Settlement Arrangement (DSA). It is the PIPs job to make you aware of all options available for your situation. Should you wish to pursue a recommended solution, the PIP can take you through the process from start to finish.

Initial Consultation

When you are in difficulty with your mortgage or debts the best thing to do is seek advice and find out your options for addressing your problems. Our advisors are well equipped to run through this initial consultation. We will run through details of your debts, assets, living expenses and income to get an idea of your situation. We will also request documentation in regards to your creditors, your mortgage (if applicable), missed payments and arrears. All of this allows us to determine your options. We will explain them in detail, allowing you to choose what you think is best in regards to your debts. If you decide to proceed with an Insolvency Solution at this stage, then your PIP will begin to draft your Prescribed Financial Statement.

Prescribed Financial Statement

If you are proceeding with an Insolvency Solution, your PIP will draft your Prescribed Financial Statement (PFS). This is an essential document in the Insolvency Process, which summarises your assets, liabilities, income and expenditure. Your PIP will advise you on what debts can and cannot be included in your arrangement. In the PFS, your PIP also details what they think is your best course of action for addressing your debts. Once you and your PIP are happy with the PFS, the application is submitted to the ISI and the Court.

Protective Certificate

If the ISI and the court are satisfied that everything is true and accurate and that your recommended solution is your best course of action, then they will grant your Protective Certificate. A Protective Certificate stops your creditors from taking any legal proceedings against you. Your Protective Certificate lasts for about 70 days but can be extended in some circumstances. Once your Protective Certificate has been issued, another cannot be issued for atleast 12 months.

Creditor Negotiation

After the Certificate has been issued, your PIP will engage with your creditors during the preparation of your proposal culminating in a meeting of your creditors to decide whether they accept your proposal for your solution. Proposals may vary hugely but they usually contain an element of debt write-off as well as your offer of repayment of the balance of your debt. Atleast 65% must vote in favour of your proposal in order for it to be approved. The ISI and court carry out a final review. Once approved your Insolvency Arrangement will become legally binding and you can start your new agreed repayments.

Supervision and Completion

The final role of the PIP is to supervise your arrangement for the agreed term of five or six years, ensuring you make the payments you have committed to and distributing these funds to creditors as agreed while retaining funds as also agreed to cover your PIP’s fees and expenses. Your PIP’s post approval duties are extensive with a high level of oversight and administration. The operation of the arrangement is reviewed regularly and reports issued to creditors at least annually. If the arrangement needs to be significantly varied due to changes in your financial circumstances then the PIP will convene further meetings of your creditors and report the outcome to you, your creditors, the ISI and the court.

On successful completion of your arrangement, your PIP reports to ISI, to your creditors and to you that all the terms of your arrangement have been complied with and all dividends to creditors have been distributed. You are now debt free and can start to repair your credit file and resume normal financial activities.  

You will have a case manager for the duration of the solution. On completion of the solution you will be discharged from your unsecured debts. And remaining debts will be cleared allowing you to start over. If you are in a PIA, you may be released from a secured debt or the secured debt may continue to be payable (depending on the terms of the PIA).

Fees Structures

Some PIPs will charge upfront fees from the very beginning and some will charge nothing until you have successfully agreed a DSA or a PIA with your creditors. It goes without saying that one of the first questions you should ask of any PIP is whether upfront fees apply. They should confirm their practice in this regard at the very beginning and whether they do or do not charge upfront fees and they should fully and clearly explain their fee structure.

We are one of the few Insolvency firms in the country who are not charging any fees directly to our clients for consultation. Some PIPs will charge €3000 for this alone. We will listen to you and understand your situation. We will then recommend a course of action for you. You will decide if you want to proceed. If you want us to propose a solution on your behalf we will start negotiating with your lenders. If we are successful in setting up a plan for you, we will agree a fee with your lenders so you will not have to pay us any fees. You will not have to pay more than your monthly payment.