Our Client’s Story – The Allegation of Unfit Conduct.
Our clients, husband and wife, based in Scotland, were made subject to a Director Disqualification investigation. They both received Section 16 Letters from the Insolvency Service for failing to ensure that their Company complied with its statutory obligations to make payments to HMRC, thereby (it was alleged) causing the Company to trade to the detriment of HMRC, one of the main causes of Director Disqualification.
We were able to convince the Insolvency Service to discontinue their investigation and also able to negotiate a good settlement for them following a Liquidator’s claim for an overdrawn Directors’ loan account. We are grateful to them for this testimonial.
What our Clients had to Say
“It was an extremely daunting and stressful time for us to receive this Section 16 Letter from the Insolvency Service. We had no idea who to turn to or what to do. This was a highly serious allegation.
I came across ND & P Solicitors (‘NDP’) after doing an extensive search on the internet and looking at other law firms who claimed to specialise in this area. I read in particular Neil Davies’ and Sukhbir’ Mall’s personal profiles and we knew that we had found the right firm to assist us. Neil had historically been instructed by the Insolvency Service and Sukhbir had worked in the Director Disqualification unit at the Insolvency Service.
After reading the testimonials on their website, we knew we had to get in contact with them. My first point of contact, Sukhbir Mall, understood and appreciated the seriousness of the allegations made against us from the Insolvency Service. He was clearly familiar with such allegations and experienced in dealing with them. We defined between us our objective, which was not to lose our directorship positions and to settle this as quickly and cheaply as possible. Losing our directorship would potentially mean losing our ability to earn our livelihood.
One of the firm’s Paralegals, Bethany Mills, assisted Sukhbir with our case. Together, they took their time to carefully consider our position and came up with a strategy for us to achieve our objective, which was to avoid the issue of disqualification proceedings against us.
NDP liaised extensively with the Liquidator of the company and with the Insolvency Service throughout the process. We avoided disqualification proceedings, when the Insolvency Service agreed to discontinue their investigations against us, based upon NDP’s written representations made on our behalf.”
Financial Claims from the Liquidator
“Sukhbir and Bethany also negotiated a very attractive commercial settlement with the Liquidator in respect of an overdrawn Directors Loan Account. They killed two birds with one stone.
Sukhbir and Bethany worked diligently and enthusiastically. They were always available to speak to me, were incredibly supportive and never failed to keep us informed with updates from the Liquidators and the Insolvency Service. We are truly grateful.”
The Abandoning of the Insolvency Service Investigation
Our clients said:
“After 18 months of exchanges between NDP and the Insolvency Service, Sukhbir and Bethany received confirmation from the Insolvency Service that the Director Disqualification investigation had concluded.
My wife and I were ecstatic and so relieved to hear this news. This result is a great testimony to Sukhbir and Bethany’s hard work.
NDP’s ability to continuously appreciate and anticipate our concerns throughout the investigation was exceptional. I am extremely grateful for their assistance. I would highly recommend them to others who find themselves in a position such as myself and my wife did 18 months ago.”
Talk to us if Threatened with Director Disqualification
It is always highly stressful when a Section 16 Letter arrives in the post threatening director disqualification, not least because it follows the worry and stress caused by a company being liquidated. We have many years’ experience in successfully defending directors who are facing such investigations. Click here to some more testimonials.
Every case turns on its facts and we always take the view that it is the directors who know the facts best and getting these facts out of them and presented to the Insolvency Service is the right and strongest way to build a defence case.