How do you stop disqualification?
The Insolvency Service process is very automated. The Liquidator files a report and the Insolvency Service 'scores' that report. If you get the 'right' number of points, you get investigated. If you score too few points, you are not investigated.
The Insolvency Service's investigators then take a very unsophisticated approach to their 'investigation' and they simply look for evidence that supports the computer's decision to disqualify you. Often, they ignore evidence that goes against the computer's decision.
If the Insolvency Service contact you, you need to act on the basis that a decision has already been made and it is important to get someone to defend you immediately. They often begin with very innocuous questions but this will only be stage 1 of their questions and they will already know the answers. If your answer does not match entirely [which is normal with the passage of time], then this is held against you and you end up helping them to disqualify you.
How can you help?
As with everything we do, we start of by investigating and finding out the root of the concerns. We then set about undermining the computer's decision and the grounds for you to be disqualified and seek the Insolvency Service discontinues their investigation against you.
How long does it take?
The quickest we have ever resolved such a case was in 4 weeks but it usually takes around 3 to 9 months for us to investigate and secure discontinuance. This is partly because of the level of detail we investigate and the time taken by others to put this evidence together. Whilst our work is being done, we will protect you from any action by the Insolvency Service.
What's involved for me?
The process is fairly simple. Once you instruct us, we do all the hard work and review your circumstances in full. You simply sign an authority for us to get the information needed directly from others and we then amass some initial evidence that then allows us to understand the position and seek more detailed evidence to defend you.
Case Study: Insolvency Service discontinue
In a recent case, the Insolvency Service were insistent that our client, who had only been a director for a very short time, had acted as a Shadow Director for a much longer period and deserved to be disqualified for 6 to 8 years. This was upto 16 times the amount of time she had actually been a director.
In what is very typical fashion, the Insolvency Service disregarded our client's position and ignored the evidence she was able to put together. They preferred their assumptions and the computer's initial decision. They also relied heavily on the liquidator's assumptions who had never actually spoken to our client!
After exhaustive research, we were able to show that none of the liquidator's assumptions were correct and that the very basis of the initial report, from Liquidator to Insolvency Service, was entirely wrong. We then undermined all of the Insolvency Service's key 'findings' at which point they had no option but to concede they had a weak case and would, accordingly, discontinue their investigation.
This is, regrettably in some regards, a fairly typical position but it takes monumental effort to overcome the Insolvency Service's shortcomings. Our initial advice is to get someone to help you. Our secondary advice is to use us to be that someone!!