‘Trading to the Detriment of the Crown’ – Testimonial for NDP’s Director Disqualification Solicitors for Convincing the Insolvency Service to Drop the Case
This testimonial tells the story of a Director businessman who was faced with the threat of Director Disqualification from the Insolvency Service (IS), for ‘Trading to the Detriment of the Crown’. It explains how the Director Disqualification Solicitors here at NDP, convinced the IS to abandon the disqualification threat made against him. This positive outcome left our client………..:
‘……….ecstatic when Kunal Bhalla shared the news with me. I am eternally grateful for NDP’s help and support and would recommend them without hesitation.’
The Allegation of Unfit Conduct was for Trading to the Detriment of the Crown
The allegation against the Director was that ‘he traded to the detriment of the Crown’. In other words, creditors of the liquidated company had been treated more favourably than HMRC by the Director(s), in the period before liquidation. If proved, that allegation might well have ended up in a significant disqualification period for the Director.
The Client Needed the Advice of our Director Disqualification Solicitors
Our client explains how worried he was having received the Insolvency Service’s allegation:
“Disqualification threatened my personal, and professional, reputation as well as my ability to be a company Director. I knew I needed expert advice. I was fortunate enough to come across the Director Disqualification Specialists at Neil Davies & Partners (‘NDP’). I called and discussed matters with Neil Davies, a Solicitor and Director of NDP.
We discussed all of the options available to me (some of which had not even occurred to me), the action that could be taken on my behalf and what could be done to protect my position as a company Director moving forward. I felt extremely reassured by the knowledge and understanding shown by Neil at a time where I was apprehensive and unsure about how matters would unfold.
They explained legal costs involved in the process and we agreed upon staged payments, to enable me to pay the fees. Having a known exposure for my legal costs, was very helpful to me.”
We always view the chances of success on the facts of each particular case. However, in our experience, there is still, usually, everything to play for when the initial allegation from the IS arrives, as they are not always in possession of the full and detailed facts of a case. As soon as we were instructed, we got to work.
We Open Communications with the IS
Our team of director disqualification solicitors includes some who have worked for the IS in the past. This means we know how the IS works and how best to approach them when challenging an allegation. Our client continues………….:
“What then followed were a series of detailed communications between NDP and the IS where they asked detailed and specific questions of me about how I ran my previous business. Neil, together with his Trainee Solicitor, Kunal, dealt with all of the issues that were raised by the IS in a robust and proactive manner in correspondence with them.
Whilst I did not have ‘perfect’ answers to all of the IS’s questions, NDP’s written explanations to the IS still persuaded the IS to consider all the circumstances of the case which resulted in the abandonment of the Director Disqualification claim against me.”
The Outcome was Positive – The Insolvency Service Dropped the Case
“As a result of NDP’s detailed and carefully crafted responses to the Department of Business Innovation and Skills, the IS wrote to NDP and confirmed that they would no longer be taking disqualification action against me. I was ecstatic when Kunal shared the news with me. I am eternally grateful for NDP’s help and support and would recommend them without hesitation.”
Our Thoughts on this Case
We are, of course, delighted with the outcome of our work. It reflects the passionate, pragmatic and committed approach that our Director Disqualification Solicitors take on behalf of our clients to achieve positive outcomes.
Nothing can ever be guaranteed, of course, and every case must be taken on its own merits. However, we have a strong record of convincing the Secretary of State to reduce the length of a Director Disqualification ban, or to drop the threat of Director Disqualification proceedings entirely, as in this case. Click here to see some of our other director disqualification testimonials.
Contact us if you are Threatened with Director Disqualification
Our experienced and award winning team of Director Disqualification specialists have represented hundreds of Directors in all sizes of companies, across many business sectors, who have been threatened with disqualification. We have succeeded in reducing the length of the disqualification or removing the threat of it entirely in many cases.