Director Disqualification Solicitors
Have you been threatened with being disqualified as a director? As specialist Director Disqualification Solicitors, we understand the shock of opening that brown envelope when it lands on your doorstep. How scary and confusing it can be. How incensed it can make you feel.
We also understand it might have been a while before you could face reading it.
There’s nothing appealing about a brown envelope – even at the best of times. But when it’s stamped with Insolvency Service it can be frightening. It can cause you to panic. Or freeze.
Whether that letter’s just arrived or you’ve been hoping it would go away, now is the time to take action. To get expert help from lawyers who will roll up their sleeves, stand their ground and defend your position for you.
Knowing what you’re facing
The thought of being disqualified as a director for a minimum of 2 years – let alone the maximum period of 15 years – is a worrying prospect for anyone. Even more so if you have a family to support.
You wouldn’t be able to work as a director of a company registered in the UK or an overseas company with links to the UK. Nor could you even be indirectly involved in the setting up or running of a limited company.
Unfortunately, the repercussions don’t stop there. You could be made to pay compensation to HMRC and any other creditors. And there are lots of things you wouldn’t be allowed to do. For example, you couldn’t:
- sit on the board of a charity, school or police authority
- be a solicitor, barrister or accountant
- or be a pension trustee for a charity.
Keep up the momentum
You’ve now taken the most important step. You’re starting to face the reality of your situation and you’re looking for specialist advice.
But – like talking to your GP about something embarrassing – approaching a law firm when you’re at risk of director disqualification can seem daunting. It’s a far cry from finding a conveyancer to help you buy or sell your home.
When new clients first speak to us, they find a sympathetic ear.
- Someone who’s supportive rather than scolding.
- Someone who’s seen it all before and won’t judge you.
- Someone who knows this is a phone call you never wanted to have to make.
And you’ll speak to someone ready to fight your corner.
When alarm bells should start ringing
You may have received a letter from the Insolvency Service telling you they intend to disqualify you. This is known as a Section 16 letter.
But many people don’t realise when they’re already at risk of being disqualified as a director – long before a Section 16 letter rears its head.
That’s because, in making their early enquiries, the Insolvency Service won’t always spell out any concerns they have. They might not warn you about the implications of the situation, what their train of thought is, or what’s potentially at stake for you personally.
For instance, if your company has gone into liquidation, you might receive a letter asking you about it. You could be asked to complete a questionnaire. Or invited to an interview to discuss matters generally. Information provided in these early responses may influence the Insolvency Services future decisions.
So beware of any letter from the Insolvency Service. That includes innocent-looking enquiries.
And remember, it’s never too early to seek expert legal advice.
Putting you on the front foot
At the moment, you’re probably feeling very much on the back foot. A specialist lawyer can help you take control of your situation. And take the fight to the Insolvency Service.
We get a lot of referrals and repeat work. One reason is our clients appreciate how hard we work to get to know them. We really understand their problems and can respond quickly to what they need.
We see director disqualification cases every day. So we anticipate what’s going to happen. We notice when something hasn’t happened. And we keep you abreast of the current state of play.
“I cannot be thankful enough to Rebecca and Altion Law for the service and help I received, through a very difficult time”.
What you need to do if you receive a letter about Director Disqualification
You’ve received a letter talking about section 16 of the Company Directors Disqualification Act 1986.
You’ll notice you’ve been given an opportunity to respond to the allegations about your conduct. You have a chance to set out your position. You might also have been given an opportunity to consider any evidence the Insolvency Service is relying on before you decide how best to respond.
You need to pay close attention to the deadline you’ve been given. Often, the time limits the Insolvency Service sets are very short.
So the sooner you take steps to prepare your response and gather any evidence in support of your position, the better.
Experienced Director Disqualification lawyers
You’ll always be in a stronger position if you get legal advice early from a specialist lawyer who knows how to speak to the Insolvency Service.
We’ve helped clients by:
- Persuading the Insolvency Service to drop the matter
- Negotiating a reduction in the period of disqualification initially suggested
- Renegotiating disqualification undertakings to reduce public and open disclosures about company business
- Challenging Director Disqualification actions in court
- Applying for permission to resume work as a director during a disqualification period.
SUCCESS STORY – Removing the threatening cloud of Director Disqualification
Read about how we helped a company director in the communications sector avoid being disqualified.
Get in early with a no-obligation call
When you’ve been sent a letter from the Insolvency Service, it can be easy to do one of two things. Dash off a quick response, in the hope that matters then go away. Or sit on your hands until, like cramming for an exam, the pressure of the looming deadline forces you to act.
But, with time on your side, there are lots of things you can do to improve your situation. Documents you can locate. Enquiries you can make.
That’s why – whether you’ve been sent a questionnaire about your company’s liquidation, or you’ve been threatened with disqualification as a director – it’s crucial to get legal advice now. By getting expert advice from a lawyer who specialises in defending director disqualification actions, you’ll have the best chance of keeping all your options open.
Why not get the ball rolling by calling us today on 01908 414990 for a confidential discussion of your situation?
Not only is your first call free but in many cases we’re able to offer our clients an initial fixed-fee service. And where possible, we aim to help you save money by suggesting things you can do yourself or get your accountant to do for you.
Keeping things confidential
We understand how difficult it can be personally and financially when you’re at risk of director disqualification and your livelihood is at stake.
And we understand you might not have told your spouse or significant other about what’s going on. So if you want to make sure there’s no one else around when we speak, we’ll call you back at a time that suits you.
Put yourself in the best possible position to respond
We’re based in Milton Keynes but we act nationwide for our clients wherever you are in England or Wales. Contact us today to discuss your next steps in responding to the Insolvency Service’s letter.