Home » Testimonials » Director Disqualification » Client avoids Director Disqualification and Compensation Claim by the Insolvency Service relating to the application and use of a Bounce Back Loan (“BBL”)

Client avoids Director Disqualification and Compensation Claim by the Insolvency Service relating to the application and use of a Bounce Back Loan (“BBL”)

Our client said: “My experience with NDP was excellent and I would highly recommend their services to others.”

In a recent article, we reported on how Abdulrazag Zagroba became the first person to be successfully prosecuted for Bounce Back Loan (BBL) fraud. He was sentenced to 2 years imprisonment and also received a Director Disqualification period of 7 years. However, not all cases involving the alleged misuse of Bounce Back Loans will result in a successful criminal investigation and prosecution, or indeed a Compensation claim or Director Disqualification, as this testimonial, featuring the work of Director Disqualification specialists Tom Riley and Harman Randhawa, shows.

The Insolvency Service alleged that our Client’s Company had Misapplied and Misused a BBL

“Following the liquidation of my company, as a consequence of COVID trading restrictions and uncertainty caused by it, the Insolvency Service (“IS”) wrote and told me that they intended to commence a Director Disqualification investigation against me, which included a claim for Compensation, after they had concluded that the Company had misapplied and misused a BBL.

The thought of Director Disqualification was extremely concerning, as my sole source of income came from my directorship of another company, and I had no one to rely on if I had lost this source of income as my husband and son had died during the COVID-19 pandemic.”

Upon receipt of the Insolvency Service’s letter, our client got in touch with us

“Upon receiving the initial letter from the Insolvency Service, I recognised that I needed expert help. Following a recommendation, I contacted Thomas Riley and Harman Randhawa at NDP, who instantly put me at ease and explained the steps and strategy that we should take to try and resolve the queries of the Insolvency Service.

The IS initially took a strong stance stating that my conduct was ‘unfit’ and as such they were going to pursue me and try to obtain an order from the Court to get me disqualified from acting as a director and seek Compensation from me. The IS had at that point, however, not heard my side of the story. Thomas and Harman made it clear to me that the Insolvency Service, as strangers to what went on in the Company, needed to hear my explanations.”

The NDP team responded to the IS’s letter

“Thomas and Harman listened to my story and drafted detailed letters of representations to the IS, urging them to consider (as they must do) all the circumstances of the case. The letters drafted by Thomas and Harman provided a meticulous and a thorough breakdown of the events which led to my Company failing.

NDP’s letters met the allegation of ‘Unfit Conduct’ head on and explained why I had in fact acted appropriately when applying for and using a BBL.

The IS remained resolute, and after receiving letters from NDP, still wanted to pursue an application for director disqualification and a claim for compensation. NDP sent a final letter and offered a resolution to the IS which was eventually accepted.”

The IS then decided NOT to pursue their investigation further

“NDP then received confirmation from the IS that its investigation had ended and the Secretary of State did not now propose to take disqualification proceedings against me.

This was brilliant news and I was over the moon receiving it. The result was a great testament to NDP’s brilliant efforts in getting the right result. Without the support of NDP, I believe the outcome would have been very different. Having such an experienced team handling my case was invaluable. Thomas and Harman provided a calm and measured approach throughout, which removed a lot of stress from me.

Thomas and Harman knew from the start what was at stake, I was in a state of crisis. I truly felt I had done nothing wrong. NDP articulated that to the Insolvency Service for me.  After over 6 months of the threat of Director Disqualification hanging over my head, I can finally breathe a sigh of relief, move on and focus on my life and business career again.

My experience with NDP was excellent and I would highly recommend their services to others.”

Conclusion – When facing Director Disqualification contact us

Not all cases involving the alleged misuse of Bounce Back Loans will result in criminal investigation and prosecution. Such cases may, however, attract civil law claims from Liquidators and the Insolvency Service, including Director Disqualification. Whatever the investigation the director faces, we can help, as this testimonial shows.

If you are facing an investigation by the Insolvency Service, please contact us on 0121 200 7040 without delay, for a FREE initial consultation without obligation.