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Trading to the detriment of HMRC and inadequate record keeping. Director Disqualification investigation dropped

“NDP were extremely kind and empathetic. I also truly felt they ‘had my back’ – they took over when I needed it and handled it professionally, expertly, and with constant feedback.”

Following the liquidation of his fitness and lifestyle Company, our client was soon targeted by the Insolvency Service who notified him that they were investigating the failure of the Company and accordingly his conduct as its sole director for both the non-payment of Corporation Tax and Section 455 Tax totalling circa £100,000 and the failure to deliver up and keep adequate company books and records. Director Disqualification was a possible outcome, as was a criminal investigation.

The client’s accountant advised him to get in touch with NDP. He was extremely concerned at the prospect of being unable to act as a director in circumstances where he was just about to release his second book and embark on a global promotional tour. The client was also alarmed by the fact that failing to keep adequate books and records attracts potential criminal implications. This testimonial details how we were able to convince the Insolvency Service to drop their investigation.

The details of this Director Disqualification case

Sukhbir Mall and Richard Shepherd (virtually) sat down with the client for several hours, obtained from him a complete history of the company and most importantly, his side of the story. After a fierce interrogation of the allegations of unfitness and the evidence relied upon in support of them, Richard carefully crafted a letter of representations on behalf of the client setting out the evidence undermining the Secretary of State’s case and the consequent legal hurdles they would have to overcome if they ran the matter to Trial.

The letter concluded that there was no provable misconduct by the client and ultimately there was no risk in him continuing to act as a director and there was no risk to the public with him so doing. The Insolvency Service was reminded that companies can fail even in the absence of delinquent behaviour, and it should not always be presumed that there has been unfit conduct by the director. This was a case of a genuine business failure because of a series of unfortunate circumstances in our client’s personal life. The Insolvency Service abandoned its investigation.

Our client was overwhelmed and delighted with the outcome:

Working with NDP saved not only my business, but my sanity and I feel, my life.

After being handed some extremely challenging personal circumstances (familial death, pandemic related business issues, injury and ill health) I was unable to see the wood for the trees when I was further handed a letter from the Insolvency Service investigating my conduct as a director.

I didn’t know how I could go on. I was terrified I would not be able to support my family, team and clients through no fault of my own – I was facing losing everything I had worked so hard for. That’s when NDP stepped in.

Not only were they extremely kind and empathetic, but I also truly felt they ‘had my back’ – they took over when I needed it and handled it professionally, expertly, and with constant feedback.

As well as crushing the issue I had, even if they hadn’t, they had a suite of options and attacks that gave me great peace of mind if the first approach didn’t go our way. This allowed me to continue on with strength of mind and ultimately, they got the job done

If you are facing a director disqualification investigation then I cannot recommend them enough, they understand your specific needs and do all they can to ensure you are looked after and ultimately served to the very best of their ability. That, and seeing the documents they expertly prepared for me – I wouldn’t want to be on the receiving end of one; like a velvet gloved fist from a heavyweight boxer!

I trusted them with my life’s work, and they didn’t let me down. You can trust them to do the same for you.”

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Contact our Director Disqualification Solicitors

If you are a Director facing an investigation by the Insolvency Service, then please get in contact with our experienced team of Director Disqualification solicitors on 0121 200 7040 or by email to law@ndandp.co.uk.