Director Disqualification Proceedings Avoided with the Help of D&N Solicitors

Threatened Director Disqualification Proceedings and Ban

Placing my company in Creditors Voluntary Liquidation ('CVL') was not an easy decision for me as it impacted not only me and my family but also the local community. The company provided jobs, work experience for local high school students, employment, and hope in a deprived area that has lacked government funding and interest for numerous years.

Correspondence Received from the Insolvency Service ('IS')

After placing my company into CVL, I received correspondence from the Insolvency Service ('IS') confirming that they were investigating my conduct as a director to issue Director Disqualification Proceedings against me. This was a scary and alarming situation for me as it not only impacted my career but also my family, including my fiancée who was expecting our first child.

Impact on Me, My Family, and My Employees

If I were disqualified, I would no longer be able to provide for my family, and my separate company, which had been trading for a number of years and employed up to 10 employees, would also have to close, resulting in those 10 employees losing their jobs.

What I Did

At first, I thought that I could deal with the matter alone without the assistance of legal advice. However, engaging with the IS made it clear to me that I needed legal assistance to protect myself, my family, and my employees. I made online enquiries and carried out my own research. At this point, I made contact with Gulshan Kumar ('Gulshan').

What Happened Next

Gulshan was quick to recognise the issues, put me at ease and explained the process to me logically and understandably. He explained the legal framework, my potential litigation risks, and the steps I could and should take to protect my position. His professional and friendly approach was very much what I needed at a time of heightened emotion and distress.

Gulshan liaised with the IS and provided a much-needed buffer zone between us, enabling us time to develop a strategy to deal with matters. Although I was initially reluctant to meet with the IS, Gulshan reassured me that attending a meeting would assist hugely in protecting my position and convincing the IS not to issue Disqualification Proceedings against me.

The Result - No Director Disqualification Proceedings to Be Issued

We did not simply attend the meeting as I had first envisaged. Gulshan controlled the process, undertaking much preparatory work before the meeting, including liaising with me and my accountant and preparing submissions to be sent to the IS. That helped set the tone, background, and context before the meeting had even taken place. This methodical approach assisted hugely in presenting the facts to the IS in an efficient, informed, and coordinated manner.

At the outset, I was convinced that I had not done anything wrong. By the end of the process, Gulshan had assisted me in communicating that belief to the IS. That resulted in the IS confirming that it had altered its position and now considered that the facts did not support the issue of Disqualification Proceedings against me.

Relief for Me, My Family, and My Employees

The huge relief this has had not only on me but also on my fiancée, unborn child, and my 10 employees is difficult to put into words. Being disqualified would have had a catastrophic impact on my business career, personal life, and reputation. Having Gulshan on board prevented that from happening and defeating quite serious allegations made against me/the Company, in relation to the non-payment of Value-added Tax ('VAT') to HM Revenue & Customs ('HMRC').

Thank you, Gulshan. I now find myself able to continue trading without fear, openly and without restriction, providing for me, my family, and my 10 employees. I highly recommend anyone who finds themselves in a similar position to not hesitate to contact Gulshan for legal assistance.