During a difficult period in both my professional and personal life including a breakdown in relationship with immediate family members who I had worked closely with for a number of years, I received notice from the Insolvency Service (‘IS’) that they were investigating my conduct as a director with a view to issuing Director Disqualification Proceedings against me.
The shock, fear and complete loss of how to deal with the matter and the potential impact any Disqualification Ban would have on my reputation, ability to trade and provide for my family was overwhelming and difficult to put into words.
What I did
For the first time in my life, I was unable to call upon immediate family for guidance, comfort or support. I reached out to Gulshan Kumar (‘Gulshan’). Gulshan not only provided a clear approach of how to deal with matters, but also reassurance in explaining the process and role of the IS.
It quickly became apparent that although I was confident I had acted in accordance with my statutory duties, putting across my version of events to include the extreme pressure I was placed under as director could not be undertaken on an ad-hoc basis.
Upon first glance the DQ appeared to be a straightforward and uncomplicated document to complete. However, Gulshan quickly brought to my attention how important the DQ was, the reliance the IS would place on it and how the DQ could be used against me if matters progressed.
The DQ was completed with Gulshan’s assistance and only after I had provided Gulshan with a full background. The completed DQ not only answered the questions, but struck a balance in providing a background, context and chronology to include setting out the mental pressure I was placed under, the intimidation and physical threats of violence made to me and my family.
The Result – No Requirement To Attend An Interview And No Further Action
Attributable to the style, context and making the necessary points effectively the IS confirmed that its investigation was complete. The conclusion reached was that the facts did not give rise for Director Disqualification Proceedings to be issued.
As part of the process the IS usually request that the director also attend an interview that can last between 2 and 3 hours in length. The IS also confirmed that no such interview was required. Saving further time, cost and the emotional distress for me and my family.
It is difficult to put into words the relief not only for me, but my family. Having been marginalised, threatened and intimidated it appeared a foregone conclusion that the IS would ‘wrongly’ seek to disqualify me. I am now able to move forward unrestricted and put this horrible chapter behind me.
The DQ should not be dismissed, disregarded or completed hastily. It is the first step in the IS’s investigation and thankfully for me and with Gulshan’s assistance, the only step that the IS took!
Thank you, Gulshan. Anyone who finds themselves in a similar position should not hesitate to contact you!