We Help a Business Owner Threatened With a 7 Year Director Disqualification for Allegedly Failing to Comply with Immigration Legislation for Employees
As this testimonial shows, a business doesn’t need to be insolvent and placed in liquidation for the Insolvency Service to commence Director Disqualification proceedings against company directors. In this case, the allegations were that the business owner and director had failed to comply with immigration legislation by employing two illegal workers. Stressed and worried for her livelihood and the future well-being of her family, she contacted us in need of help having spent some time getting nowhere fast.
This testimonial tells her story and how our director disqualification solicitors were able to persuade the Insolvency Service to abandon their case.
The Client was Hit with Director Disqualification proceedings. She felt that she was Making no Progress
“I run a fish and chip business on the South Coast. Out of the blue, I received in May 2017 a letter from the Insolvency Service seeking my Disqualification as a Director for 6/7 years, even though the company which I trade and of which I am a Director had not even been placed into liquidation.
To say that I was shocked is a huge understatement. I was mortified as I earn my living from my directorship position to support my young family.
I tried to deal with matters as best as I could to a certain point. I was going around in circles in my dealings with the Insolvency Service, who had made allegations that I employed 2 illegal immigrants and that I failed to comply with immigration legislation and pay a civil penalty notice.
Money was limited, and I instructed a direct access Barrister, to assist me in preparing representations to the Insolvency Service following their threat of director disqualification. The Insolvency Service paid no attention to the representations that were made nor the evidence, which I had prepared with the benefit of a Barrister. I felt as though I had hit a brick wall.”
What to do Next? The Client Contacted us and we Met Within 24 hours
“Despite living on the South Coast, I decided to seek specialist advice, from the Director Disqualification Solicitors at Neil Davies & Partners (‘NDP’) in Birmingham.
I was recommended to NDP by an Accountant. Sukhbir Mall, a Director in NDP, and his colleague, Gulshan Kumar, arranged a meeting with me within 24 hours of me contacting them. I attended the meeting and explained the background and provided them with copies of the documents that I had received from the Insolvency Service and the representations made by my former Solicitors.”
What Happened Next? NDP Got to Work, Quickly
“NDP got up to speed with matters quickly and made me feel at ease in this very difficult time. NDP immediately engaged with the Insolvency Service, who were intent on pursuing and issuing director disqualification proceedings against me despite my company not having been placed into liquidation.
I was advised by NDP that the Insolvency Service could do that under the powers available to them under the Director Disqualification Act.
Sukhbir and Gulshan worked hard and took instructions from me and prepared detailed evidence setting out my Defence to the claims. Despite NDP inviting the Insolvency Service to wait for my Defence, I was shocked at the haste with which the Insolvency Service issued proceedings against me. The Insolvency Service were simply not listening to me.
The Insolvency Service Abandon Their Case
“Within days of my evidence being filed and served, the Insolvency Service’s solicitors contacted NDP and confirmed that they intended to discontinue and abandon their case against me. It was a huge relief.
My personal experience with NDP was that I found them very easy to work with, they were user friendly and they really understood where I was coming from. NDP are now pursuing the costs which I incurred in my Defence, from the Secretary of State following the discontinuance of the case.
I would recommend NDP to any of my friends or family as they really helped me in my time of need when I thought that there was no way out.”
AK (Southampton, July 2018)
Contact us for Help and Advice if Threatened with Director Disqualification
We are specialists in director disqualification. Our solicitors have worked for and against the Insolvency Service. This is important because it means we understand how they work and what they are looking for. We take each case on its merits, compiling evidence to support our clients and using it as appropriate to refute the Insolvency Service’s allegations, as in this case.
We have much success in defending our clients against the threat of director disqualification, which creates a great deal of stress. Click here to see some of our testimonials.
In general our experience is that the sooner you seek our advice, the more we can do to help. Our motto is that ‘no hole is too deep for us to make a difference.’ Contact us or call us on 0121 200 7040 for a FREE initial discussion.