Case Study and Testimonial for our Director Disqualification Solicitors – Insolvency Service Withdraws its Threat of Director Disqualification
Since we started in 2007, the director disqualification solicitors at NDP have defended hundreds of directors who were being threatened with disqualification by the Insolvency Service (IS). We are now seeing an increase in the amount of criminal investigations arising out of Director Disqualification proceedings. These can lead to prison sentences. We are often approached by directors in distress who, having received notification of the IS’s intention to prosecute for acting in contravention of a disqualification order, do not know what to do and need help.
The key is knowing how to work with the IS, and how to dissuade them from pursuing criminal sanctions which will ultimately result in them dropping the case.
This case study and testimonial tells how we successfully got the IS to drop its director disqualification criminal investigation against our clients who had approached us having previously instructed us to negotiate Director Disqualification Undertakings for them
Our Clients Tell Their Story – A Criminal Investigation by the Insolvency Service
“Me and my previous co-director were notified by Officers from the IS that they had opened up a criminal investigation into our conduct following us being disqualified as directors. They alleged that we were acting in contravention of the Disqualification Undertakings that we signed in early 2016 by continuing to act as directors. I couldn’t believe what I was reading given that the only job I had carried out since my disqualification was as an administration assistant.”
The Client Contacted our Director Disqualification Solicitors
“The IS invited me and my previous co-director to attend interviews under caution. This was an extremely nerve-wracking time for both of us and our families. We had never been involved whatsoever in criminal proceedings, I knew then I needed to ensure that our side of the story was put across effectively and carefully. We contacted ND&P given their extensive experience in the area and after them having previously negotiated our disqualification undertakings with the IS.”
Our Clients Explain Their Position
“Neil Davies and David Hanman listened carefully to what I had to say – and the reasons why we hadn’t breached the terms of our Undertakings as the IS were alleging. David and Richard Shepherd attended with me and my previous co-director to our interviews under caution with the IS and at all times felt in safe and comfortable hands at this daunting time. David fully briefed me about what to expect at the Interview and the most appropriate way to respond. When in the interview, David took full control of the situation.
David and Richard worked very hard to ensure that following the interviews, full responses were made in response to the disclosure arising from their investigation, supported by documents where available.”
The Outcome? The Insolvency Service Abandoned Their Case
“I was delighted to hear, in the weeks after our responses were provided, that the criminal investigations against us were subject to a ‘turn-down’ decision and that the case was filed with ‘no further action against us’. We no longer faced the prospect of criminal proceedings. That came as an enormous relief to both of us and our families. We can now breathe and get on with our lives.”
Our Director Disqualification Solicitors Were Pro-active and Fully Involved
“David’s enthusiastic and pro-active involvement in all matters relating to my case, brought a whole new dimension to the proceedings. He persuaded the Insolvency Service of the weaknesses in their investigation and brought a swift resolution to their investigation.”
Our Experienced Team of Director Disqualification Solicitors Delivers the Results our Clients Need
We have successfully argued many times, on behalf of our clients, to persuade the Insolvency Service to abandon their investigations. This is why we say that no hole is too deep for us to be able to help make a difference.
Our director disqualification solicitors have worked for the Insolvency Service in the past. They understand what the Insolvency Service is looking for and how to present a strong and coherent case that stands a good chance of persuading them to drop their investigations. Click here to some more of our director disqualification case studies.
If you are facing a director disqualification investigation from the insolvency service, please contact us or call us on 0121 200 7040 for a free initial discussion. The sooner you get in touch the sooner we can work to make a difference.