“Sukhbir took the weight off my shoulders, and dealt with the Insolvency Service head-on, challenging the Insolvency Service’s position and handling my matter pragmatically throughout.” (December 2023)
NDP Director Sukhbir Mall recently acted for a client who had been asked to complete a DQ by the Insolvency Service, following the client’s company being placed into insolvent liquidation. Sukhbir’s advice assisted the Insolvency Service’s decision to conclude that no further action needed to be taken against the client, resulting in the abandonment of the Director Disqualification Investigation.
This result follows recent successes for NDP clients who faced similar investigations, and where NDP was instructed NDP to assist in the completion of the Director Questionnaires (DQ).
In this particular case, the Insolvency Service had identified 2 areas of enquiry:
- Alleged overstatement of company turnover, which resulted in excessive funds being loaned to the company in a Bounceback Loan (BBL) ; and
- Alleged misuse of BBL funds, once received by the company.
The DQ that the client had been asked to complete centred on the above areas of enquiry, seeking information that could clarify the circumstances in which the BBL was obtained by the company.
Naturally, the client was concerned as to the effect that being disqualified from being a director could have on his life and his ability to earn a living. He contacted NDP seeking advice and assistance.
How we helped with the Director Questionnaire
NDP assisted the client in preparing his answers to the Questionnaire, in a targeted and case specific manner, setting out when doing so all the relevant circumstances of the case
NDP initially made targeted enquiries of the Insolvency Service, to determine the evidence they had already compiled during the course of their investigation. Having received the client’s detailed written representations, supported by 3rd party evidence , the Insolvency Service concluded that the client was not unfit to be a director of a limited company and that taxpayer’s money would not be best spent investigating the matter further.
Upon hearing that the investigation had been abandoned, the client was thrilled, commenting:
“Sukhbir took the weight off my shoulders, and dealt with the Insolvency Service head-on, challenging the Insolvency Service’s position and handling my matter pragmatically throughout. Sukhbir’s calm demeanour put me at ease, and allowed me to sit back while he controlled the situation with the Insolvency Service. Without his help, I would not have known what to do and might have ended up disqualified. I am glad that I instructed Sukhbir to assist me in this matter. I can now get on with my life, without the threat of being disqualified looming over me.”
This testimonial shows the importance of completing the Director Questionnaire as fully and accurately as possible. It is a key opportunity to ensure the IS has all the information relevant to the case, which they often do not have when the decision has been made to start a DDI.
This article was written by Sukhbir Mall, a qualified solicitor (since 2001) and director of NDP. He is highly experienced in acting for directors who are subject to a Director Disqualification Investigation, conducted by the Insolvency Service, or otherwise, and, as in this case, advising on the completion of the Director Questionnaire.
His experience, earlier in his career, of working for the Insolvency Service as an investigator within their Director Disqualification unit means he has a deep understanding of how the Insolvency Service works and how to tackle Director Disqualification cases. to get the results his clients need.